The law, available here, Schedule 6 of the Police Reform and Social Responsibility Act 2011 states clearly that there should be a minimum of 2 Independent persons on the Police, Fire and Crime Panel.
Recently one of those independent members, resigned, just ONE remains, Pauline Woodhouse.
Is the Panel therefore lawfully constituted? If it is not lawfully constituted can it meet on Tuesday 20 February.
If it does meet on 20 Feb, will any decisions and recommendations that it makes have any validity? The PFCC cannot employ a new Chief Fire Officer until there is a confirmation hearing, but surely that must be from a properly constituted panel. Would there be a risk of judicial review, would their meeting and recommendations be lawful?
Even if the committee does meet, and the legal folks are happy to run the meeting with just one independent member, this gives the Conservatives a greater percentage of the membership as 1 from 10 is clearly lower than 2 from 10. Is the PFCC trying to ensure he gets an easier time with more of his party colleagues on the Panel than independent minded members?
I have written to the Monitoring Officer of West Northants Council and the Chair of the Panel, Cllr David Smith to get them to set out their position.
Update:
WNC have replied to say that a vacancy on the panel does not make it invalid. It is not their remit to comment on the political balance but this is still an issue in the PFCC’s favour.