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Ref: 30/08          30 January 2008

Legal Challenge  Poses ‘Unacceptable Risk’ To Public Funds - Council Decides
Gov Declines Freedom Of Information Act Finance Request

Members of Cheshire County Council  have considered Leading Counsel’s advice on seeking Judicial Review of the Secretary of State’s decision on the future governance of Cheshire.
 
In the light of that advice and the current financial stringencies affecting local government - not only in Cheshire but nationally - it was decided that expending funds on such a challenge posed an unacceptable risk to the public purse.
 
Later County Council Leader Paul Findlow said: “The County Council remains opposed to splitting Cheshire for all the reasons stated – particularly the costs involved and the disruption of excellent services.
 
“However, our first duty must always be to the council taxpayers of Cheshire. Consequently, we cannot justify action which, should it fail, would considerably increase the additional financial burden that partition will impose.”
 
Members were told that whilst they may regard the Secretary of State’s decision as irrational, surprising and perverse, that did not mean that the authority could, with any certainty, persuade the court to rule that it was manifestly absurd.

Cheshire County Council did request Government, under the Freedom of Information Act, to disclose all material which the Secretary of State had taken into account when taking her decision.

This included particularly - but not exclusively - any material or advice supplied by the Institute of Public Finance – understood to have been requested to provide  further advice on the financial aspects of the County and District submissions.
 
That information has not been supplied, with the Government claiming a legal exemption under the Act.
 
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Note To Editors: For further information please contact Cllr. Paul Findlow 01625 828004 or Ian Callister – Media Relations Manager 01244 972216