Reform UK council facing legal challenge over local paper “ban”

The letter, sent by CMS LLP on behalf of Reach Midlands Media Limited, the publisher of Nottinghamshire Live and its print title the Nottingham Post, argues that the decision was unlawful on the basis of "irrationality".

It also contends that the ban breached 2012 local government regulations, Article 10 of the European Convention of Human Rights and Nottinghamshire County Council's own councillor code of conduct.

According to the paper, the council implemented its ban in late August, following the publication of an article about local government reorganisation, which contained a claim that those not voting for Cllr Barton's preference on the issue could be suspended.

The council went on to block Nottinghamshire Live's reporters - including local democracy reporters managed by the publication - from interviews with the council's leader, Mick Barton.

It also removed the paper from the council's distribution list for press releases and banned the paper from any publicly-funded council events, Nottinghamshire Live said.

The council has since lifted its ban on the local democracy reporters, but the remaining restrictions are still in place, according to the paper.  

In an article detailing the challenge, Oliver Pridmore, Agenda Editor for the paper, wrote: "The legal letter challenges in particular the removal of Nottinghamshire Live from the council's distribution list and the ban on attending publicly-funded council events.

"It ultimately calls on Councillor Barton and all other relevant councillors to withdraw the ban in full, in particular by reinstating Nottinghamshire Live to all of the council's email distribution lists that we were part of before the ban."

Nottinghamshire Live argues that the ban was an executive decision made by the council, despite arguments from the council that Cllr Barton and others simply made the decision in their capacity as politicians.

Regulations require that executive decisions are supported by a written statement recording the decision, the reasons for it, alternative options considered and rejected and a record of any conflict of interest declared.

"None of these obligations were met, hence the argument that the council is effectively breaching local government regulations," Pridmore wrote.

The letter calls on the council to remove the ban in full, in particular by reinstating Nottinghamshire Live to all of the council's email distribution lists. It also states that the council should allow the paper to attend events paid for with public money and relating to council business, which other publications are allowed to attend.

Nottinghamshire Live has also threatened to complain to the Local Government and Social Care Ombudsman.

Cllr Mick Barton and Nottinghamshire County Council have both been approached for comment.

Adam Carey