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MysteryWee Haggis 2 Posts
Last here:
15 Apr 2012 |  Posted - 01 Feb 2012 : 10:55:16 PM    
This whole tawdry affair has besmirched any notion I once held that our local representatives act in the best interests of the community they were elected to represent. The unquestioned acceptance of the democratic process which placed some of these individuals in positions of influence has been called into question with their refusal to accept that very same process which has denied them their vision of a new school. Granted that vision was somewhat skewed; demolish two schools and hive off the land to the highest bidder for housing, and build a smaller school on the corner of one of the busiest roads in the town. Vanity and arrogance have overtaken some of our more conceited publicity seeking councillors.  |
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TerrymacMaster Smokie  United Kingdom1923 Posts
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06 Jun 2013 | Posted - 04 Feb 2012 : 2:59:32 PM
Currently a poll in the Arbroath Herald indicates the Scottish Government was right to stop the closure of Timmergreens/Muirfield and halt the new school build... The Poll currently shows 95% of readers (who voted) agreed with the Government... There is a vote on Thursday, by Angus Council, to agree for an appeal against the Government in Court (which could cost £40,000-00)... If interested follow link below for Herald Poll.
http://www.arbroathherald.co.uk/news/local-headlines/have_your_say_1_2092588?showResult=true&pollContentId=7.32225
Terrymac
I have only one voice but I still strive to make a difference. |
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TerrymacMaster SmokieUnited Kingdom1923 Posts
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06 Jun 2013 | Posted - 08 Feb 2012 : 8:41:11 PM
The poll by the Arbroath Herald gives 174 "for" and 2 "against" the Scottish goverments decision to refuse amalgamation of schools and new build... The vote for a judicial review is tomorrow at Angus Council... I hope the majority of councillors act for and on behalf of Arbroath residents wishes... If it is voted "for" then I shall not be commenting about this until the judicial proceedings are completed.. Any comments during court action may be construed as trying to unduly interfere with the decision making proceedure and thereby constitute a contempt of court.
Terrymac
I have only one voice but I still strive to make a difference. |
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woodentopWee Smokie  236 Posts
Last here:
31 May 2013 | Posted - 08 Feb 2012 : 10:07:58 PM
quote:
Originally posted by Terrymac
Any comments during court action may be construed as trying to unduly interfere with the decision making proceedure and thereby constitute a contempt of court.
Where are you getting this legal principle from Terry?
A Judicial Review isn't heard in front of a jury and I doubt presiding judge Lord X or Lady Y sitting in the Court of Session is likely to be swayed by anything you say here (with the greatest of respect).
Here's a random example of some reporting of a case, including comment by an interested party, after it's been lodged:
http://www.politics.co.uk/opinion-formers/association-of-british-insurers-abi/article/abi-pleural-plaques-insurers-launch-judicial-review-gainst-s
But any pointers to authority otherwise are welcome - every day's a schoolday as far as I'm concerned! |
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TerrymacMaster SmokieUnited Kingdom1923 Posts
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06 Jun 2013 | Posted - 08 Feb 2012 : 11:55:00 PM
Hi Woodentop... It was just what I have read about in the papers (jumping to conclusions?) where comments people have made, during legal cases, have incurred the wrath of the law... just assuming it applied to all... Still, I am not gonna test it on here!! ...
Anyway, shall wait to see what happens Thursday.... Still hoping that the Arbroath Councillors who voted for it in past change their mind..
Terrymac
I have only one voice but I still strive to make a difference. |
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woodentopWee Smokie236 Posts
Last here:
31 May 2013 | Posted - 09 Feb 2012 : 12:11:15 AM
quote:
Originally posted by Terrymac
Hi Woodentop... It was just what I have read about in the papers (jumping to conclusions?) where comments people have made, during legal cases, have incurred the wrath of the law... just assuming it applied to all... Still, I am not gonna test it on here!! ...
Anyway, shall wait to see what happens Thursday.... Still hoping that the Arbroath Councillors who voted for it in past change their mind..
Prejudicial comment made during the course of a criminal jury trial might attract the wrong kind of attention but otherwise we still retain the right to free speech and discourse (not completely unrestricted of course).
Reporting of ongoing court cases goes on all the time, as we can see by watching the TV news most evenings.
If the court decides to impose reporting restrictions, that's a different matter - can't think off the top of my head where that has ever been applied in a JR context though.
As far as the issue in hand is concerned, the councillors "should" have taken legal advice as to whether a JR stands a reasonable chance of success (see Wednesbury test of reasonableness and associated fun and games) - I'd like to think that the council aren't in the business of just having another roll of the dice. |
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TerrymacMaster SmokieUnited Kingdom1923 Posts
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06 Jun 2013 | Posted - 10 Feb 2012 : 7:41:42 PM
Report no 114/12 was considered in private by Angus Council (9 February) and certain information contained within the report remains exempt from disclosure.
The council can confirm that elected members voted, 16 votes to 13, in favour of commencing judicial review proceedings in the Court of Session to challenge the legality of the decision of the Scottish Ministers to refuse to consent to the closure of Muirfield and Timmergreens Primary Schools in Arbroath.
This matter will be reported in the minute of the meeting in due course.
As this moves into legal process the council will be unable to make any further comment on the matter.
I shall only "post" any news or court reports here rather than my thoughts/feelings on subject until completion of the judicial review.
Terrymac
I have only one voice but I still strive to make a difference. |
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boristhespieMaster Smokie Arbroath, Scotland1036 Posts
Last here:
05 Sep 2012 | Posted - 11 Feb 2012 : 11:25:24 PM
Could the information commissioner not compel councils to open material when there is no justification for any embargo?
Booooooo! |
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woodentopWee Smokie236 Posts
Last here:
31 May 2013 | Posted - 12 Feb 2012 : 12:28:10 AM
quote:
Originally posted by boristhespie
Could the information commissioner not compel councils to open material when there is no justification for any embargo?
Stick a FOI request in and let us know how you get on.
http://www.whatdotheyknow.com/ |
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TerrymacMaster SmokieUnited Kingdom1923 Posts
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06 Jun 2013 | Posted - 04 May 2012 : 5:56:47 PM
Well it appears that Angus Council put in a request to delay proceedings on the "judicial review" as they wish to present a different line of arguement.. It has been delayed until 29th June... However now that Ewan Smith has been elected as an SNP Councillor and there is a new ruling body within the Council maybe this Fiasco shall be resolved and the request for a judicial review withdrawn.... Hopefully the newly elected Angus Councillors can bring a clearer and more suitable schools proposal forward that the parents of Timmergreens/Muirfield shall be happy about, not forgetting the rest of Arbroath as well as the whole County.
Terrymac
I have only one voice but I still strive to make a difference. |
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TerrymacMaster SmokieUnited Kingdom1923 Posts
Last here:
06 Jun 2013 | Posted - 09 May 2012 : 5:31:46 PM
With the SNP taking full control of the local authority following council elections, the party have today (Wednesday) released a statement confirming they are to scrap the review as soon as possible.
They have also pledged to take the Arbroath Schools’ Project back to the consultation phase.
Let us hope that the residents/parents of Timmergreens and Muirfields, and Arbroath, really respond to the new consultations and that the new Councillors, not just "note" any concerns, but, include them, in any decision made on how the Arbroath Schools Project should proceed.
Terrymac
I have only one voice but I still strive to make a difference. |
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| Posted - 24 Aug 2012 : 07:10:59 AM
Read in the Courier today that Arbirlot has been given a C and D rating for condition and suitability. This makes me very sad, but how can you take seriously a report that specifies Timmergreens new bike shed is on a list of priority works to be done. http://www.thecourier.co.uk/News/Angus/article/24510/report-reveals-90-of-arbroath-area-primary-school-buildings-failed-suitability-review.html
Laura xx |
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TerrymacMaster SmokieUnited Kingdom1923 Posts
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06 Jun 2013 | Posted - 08 Mar 2013 : 10:22:25 AM
New School for Wardykes... New School for Timmergreens... Small repairs and maintenance to all other Arbroath schools over next five years... Full upgrades proposed for all schools by 2024.. Is this the final decision?
Courier report : http://www.thecourier.co.uk/news/local/angus/angus-council-committee-votes-to-replace-arbroath-primary-schools-1.75424
Can this be the proposal acceptable to the majority of the Arbroath electorate?
Terrymac
I have only one voice but I still strive to make a difference. |
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8ballWee SmokieArbroath, Scotland257 Posts
Last here:
06 Apr 2013 | Posted - 08 Mar 2013 : 9:36:07 PM
0h my giddy Aunt.. |
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TerrymacMaster SmokieUnited Kingdom1923 Posts
Last here:
06 Jun 2013 | Posted - 29 Mar 2013 : 9:42:44 PM
Well, it is all over... Councillors decided, with a 25 to 3 majority at a full Council meeting, to replace and upgrade the primary schools in Arbroath over quite a few years... full report in all local papers with details.
Common sense seems to have prevailed for the "decided" amalgamation of Muirfields/Timmergreens that would have housed all their pupils in a new school adjacent to the Westway (corner of Hospitalfield estate)... All as decided by the previous "Alliance" Council administration... This is now not an option!
Terrymac
I have only one voice but I still strive to make a difference. |
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New Primary School 
