Fire authority to face court action?

TOWN Hall bosses at Warrington are to consider legal action against Cheshire Fire Authority over its controversial decision to end 24-hour cover at Birchwood Fire Station.
Council members voted unanimously in favour of the move after a stormy debate and fierce arguments over the wording of the motion.
The eventual resolution agreed by the council was to support the residents of East Warrington in their campaign to retain an effective fire and rescue service at Birchwood and that the executive board consider the case for seeking a judicial review of the decision by the fire service to use part-time firefighters at Birchwood.
Council leader Ian Marks expressed his doubts about the original motion which suggested the council should provide funding for residents to seek a judicial review.
He said had concerns about one public sector body supporting legal action against another at a time when funding was very limited and all public bodies were increasingly expected to work together and not against each other.
“Although the initial costs might be modest, the legal fees could rise to a substantial amount, so it would be like signing a blank cheque,” he said.
He wondered whether residents would be entitled to legal aid.
“Even if the court quashed the original decision, it is open to the decision maker to go back to the start and repeat the process correctly. A judicial review is not about the merits of the decision but the way it has been arrived at.”
Coun Marks stressed that the council fully supported the residents in their campaign.
Angry councillors condemned the fire authority for the way in which it had reached its decision – due to be implemented in January.
They claimed public consultation had been incomplete and poorly organised. The views of residents – 15,000 of who had signed a protest petition – had been completely ignored.
Coun Hans Mundry – a member of the fire authority – said the decision had been made by a sub-committee when Warrington members were not present.
Coun Chris Fitzsimmons said the fire authority had taken an outrageous decision and had been “breathtaking in their contempt for democracy.”
He added: “I don’t know what the cost of a judicial review would be, but it would be money well spent when dealing with a body like the fire authority.
Coun Pauline Nelson said: “The way we have been treated is disgusting. The people of Birchwood wanted to be consulted and they weren’t.”