AN AGGRIEVED Penrith man has told the district authority that he will submit an application for legal action as he claims that the council has "breached his human rights."
Penrith Town Council member Jonathan Davies has sent pre-action protocol letters to Eden District Council and its leading councillors, informing them of his plans to launch a Judicial Review.
If Mr Davies’ application for legal action is successful, he will argue to a judge that the council has breached his human rights by investigating standards complaints made against him.
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Eden Council’s standards process was carried out when complaints were made against Mr Davies by a county council member on one occasion and a fellow town councillor more recently.
Mr Davies argues that the complaints should never have been considered by Eden Council as the offending comments were made on social media.
He therefore claims he was not acting as a councillor at the time and the statements should not be subject to the Code of Conduct.
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A spokesperson for Eden District Council said: “The council is satisfied with the process that was followed in the determination of the complaints made against Penrith Town Councillor, Jonathan Davies.
“Cllr Davies has been advised that he can make a complaint to the Local Government Ombudsmen, if he is dissatisfied with the decision of the Complaints Assessment Panel. The Council will respond to Cllr Davies’ pre-action protocol letter regarding his request for a judicial review in due course.”
Mr Davies has been told that this is the appropriate process and that he has no right of appeal through the council’s standards processes.
He said: “I am shocked at the response of Eden Council so far to say there is no right of appeal for me.
“Even criminals have a right of appeal but apparently a volunteer supporting the community as a councillor has no rights anymore under the Lib Dem administration at Eden Council.”
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