TOWN Hall chiefs at Warrington are being urged NOT to take court action against Cheshire Fire Service over its controversial decision to end round-the-clock cover at Birchwood Fire Station.
A report to the council’s executive board, to be considered next week, will recommend that the borough council should not institute judicial review proceedings against the fire service.
A resolution passed at the last meeting of the borough council asked the executive board to consider the case for a judicial review of the fire service decision.
It was supported by all members of the council following a number of amendments to a motion originally put forward by the opposition Labour group.
The effect of the fire service decision will be that from next year, Birchwood Fire Station will cease to open round-the-clock and will rely on part-time firefighters at night.
In a report to the executive, council solicitor Tim Date points out that a judicial review is not a mechanism for challenging the merits of a decision by a public body – only the legality of the decision.
He says while the fire service decision may be unpopular it was difficult to detect any flaw in the decision making process.
In addition, a challenge must be made within three months – and the council would encounter a significant hurdle in complying with the time limit.
The court could also be highly critical of one public body using public money to take action against another public body.
Cost of preliminary action – seeking leave to seek a judicial review – would be £1,000 and in the event of it being unsuccessful, the other side’s costs would also have to be paid. If the action progressed further costs would be “significantly greater.”
Mr Date said even if the court were to judge the fire service decision unlawful it would be open to the fire service to reconsider the matter and come to the same conclusion again.
He adds: “There is no evidence to demonstrate that there is any realistic prospect of success in challenging the decision in question.”
