Shropshire town council has been using wrong law to exclude press and public from meetings for six years

A Shropshire town council had been using the wrong legislation to exclude the press and public from meetings over a period of at least six years, it has emerged.

Wellington Town Council is legally allowed to clear a room of members of the public and reporters when it is dealing with certain matters.

It has done that recently so it can discuss a number of 'confidential' items, including over the purchase of a building in the town centre.

The council had been using a section of the Local Government Act 1972 to exclude members of the public since at least September 2020, according to the council's website.

The correct law for town and parish councils to use is the Public Bodies (Admission to Meetings) Act 1960.

The town council's planning committee used the wrong legislation to exclude the press and public in September 2020 when members wanted to discuss 'pre-application' inquiries.

The latest example was published in advance of a meeting on Tuesday this week (November 10) when the Local Government Act was quoted on the agenda.

But, after the Local Democracy Reporting Service pointed out the error, town mayor Councillor Reg Snell read out corrected wording to the full council meeting.

Members of the council then excluded press and public to receive an update on 12A and 14 Duke Street which it purchased.

Councillors also wanted to receive updates on a new staff structure, recruitment and the council's tax status behind the scenes.

Barrister Matt Lewin, of London-based Cornerstone Barristers, confirmed that “strictly speaking” the 1972 Act does not apply to parish councils. It was "technically wrong because it refers to the wrong legislation”.

He added that he "wouldn’t say that this necessarily invalidates any resolution to exclude the public because the two statutes are similar”.

In practice the reasons for exclusion would usually be similar if not the same.

"Therefore, in practice, although they have done so by citing the wrong legislation, I would say they have not acted unlawfully in purporting to exclude the public under provisions in the 1972 Act," Mr Lewin said.

Councillor Paul Davis, chairman of Wellington Town Council said: "The amended wording has been adopted and was used at the November full council meeting.

"Notification of the need to amend the wording is welcomed and forms part of a wider programme of work to ensure that historic policies and procedures are reviewed and updated following the appointment of a new town clerk in March 2026.”