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Mystery
Wee Haggis


Mystery

2 Posts
Last here:
15 Apr 2012
Posted - 01 Feb 2012 :  10:55:16 PM Show Profile Visit Mystery's HomepageSend Mystery a Private Message Reply with Quote
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. sad
Terrymac
Master Smokie


Terrymac

United Kingdom
2255 Posts
Last here:
12 Oct 2014
Posted - 04 Feb 2012 :  2:59:32 PM Show Profile Visit Terrymac's HomepageSend Terrymac a Private Message Reply with Quote
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.
Terrymac
Master Smokie


Terrymac

United Kingdom
2255 Posts
Last here:
12 Oct 2014
Posted - 08 Feb 2012 :  8:41:11 PM Show Profile Visit Terrymac's HomepageSend Terrymac a Private Message Reply with Quote
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.
woodentop
Wee Smokie


woodentop

318 Posts
Last here:
14 Oct 2014
Posted - 08 Feb 2012 :  10:07:58 PM Show Profile Visit woodentop's HomepageSend woodentop a Private Message Reply with Quote
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!
Terrymac
Master Smokie


Terrymac

United Kingdom
2255 Posts
Last here:
12 Oct 2014
Posted - 08 Feb 2012 :  11:55:00 PM Show Profile Visit Terrymac's HomepageSend Terrymac a Private Message Reply with Quote
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.
woodentop
Wee Smokie


woodentop

318 Posts
Last here:
14 Oct 2014
Posted - 09 Feb 2012 :  12:11:15 AM Show Profile Visit woodentop's HomepageSend woodentop a Private Message Reply with Quote
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.
Terrymac
Master Smokie


Terrymac

United Kingdom
2255 Posts
Last here:
12 Oct 2014
Posted - 10 Feb 2012 :  7:41:42 PM Show Profile Visit Terrymac's HomepageSend Terrymac a Private Message Reply with Quote
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.
boristhespie
Master Smokie


boristhespie

Arbroath, Scotland
1042 Posts
Last here:
22 Nov 2013
Posted - 11 Feb 2012 :  11:25:24 PM Show Profile Visit boristhespie's HomepageSend boristhespie a Private Message Reply with Quote
Could the information commissioner not compel councils to open material when there is no justification for any embargo?

Booooooo!
woodentop
Wee Smokie


woodentop

318 Posts
Last here:
14 Oct 2014
Posted - 12 Feb 2012 :  12:28:10 AM Show Profile Visit woodentop's HomepageSend woodentop a Private Message Reply with Quote
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/
Terrymac
Master Smokie


Terrymac

United Kingdom
2255 Posts
Last here:
12 Oct 2014
Posted - 04 May 2012 :  5:56:47 PM Show Profile Visit Terrymac's HomepageSend Terrymac a Private Message Reply with Quote
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.
Terrymac
Master Smokie


Terrymac

United Kingdom
2255 Posts
Last here:
12 Oct 2014
Posted - 09 May 2012 :  5:31:46 PM Show Profile Visit Terrymac's HomepageSend Terrymac a Private Message Reply with Quote
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.
ScottishRose
Wee Smokie


ScottishRose

Scotland
291 Posts
Last here:
05 Oct 2014
Posted - 24 Aug 2012 :  07:10:59 AM Show Profile Visit ScottishRose's HomepageSend ScottishRose a Private Message Reply with Quote
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
Terrymac
Master Smokie


Terrymac

United Kingdom
2255 Posts
Last here:
12 Oct 2014
Posted - 08 Mar 2013 :  10:22:25 AM Show Profile Visit Terrymac's HomepageSend Terrymac a Private Message Reply with Quote
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.
8ball
Wee Smokie


Arbroath, Scotland
292 Posts
Last here:
25 Aug 2014
Posted - 08 Mar 2013 :  9:36:07 PM Show Profile Visit 8ball's HomepageSend 8ball a Private Message Reply with Quote
0h my giddy Aunt..
Terrymac
Master Smokie


Terrymac

United Kingdom
2255 Posts
Last here:
12 Oct 2014
Posted - 29 Mar 2013 :  9:42:44 PM Show Profile Visit Terrymac's HomepageSend Terrymac a Private Message Reply with Quote
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.
Derek
Supreme Master Smokie


Arbroath, Scotland
2612 Posts
Last here:
11 Oct 2014
Posted - 11 Jul 2014 :  4:19:12 PM Show ProfileSend Derek a Private Message Reply with Quote
Latest on New School rebuild project.

http://www.thecourier.co.uk/news/local/angus-the-mearns/another-step-in-10-6-million-arbroath-schools-project-1.464604
Terrymac
Master Smokie


Terrymac

United Kingdom
2255 Posts
Last here:
12 Oct 2014
Posted - 11 Jul 2014 :  7:38:31 PM Show Profile Visit Terrymac's HomepageSend Terrymac a Private Message Reply with Quote
I think that these options chosen, and being fulfilled, are fully supported by the majority of parents in Arbroath and in fact by the majority of the populace.

Terrymac
I have only one voice but I still strive to make a difference.
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