The questions put to MHCLG were:
Whether an in-person meeting of a parish council held on or after 7 May 2021 is lawful in accordance with Coronavirus restrictions; and that members of the public may attend, subject to social distancing guidelines; and that such meetings can be held in venues regardless of whether that venue is owned/controlled by the parish council; and whether a parish council meeting is lawful where due to Covid restrictions, no members of the public are admitted to the physical place, even if the meeting is not viewable via online means.
Their response is below:
“These are all good questions, but in the first instance I would stress that we cannot provide you with legal advice, and so I would urge you to instead obtain your own advice on how the Covid-19 restrictions apply to gatherings. The relevant regulations can be found here: The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021. Schedule 2 and Schedule 3 set out the regulations for gatherings in Step 2 and Step 3 respectively.
“However, in relation to your first point, our understanding is that all councils have been able to meet in person throughout the pandemic so long as they follow the relevant Covid-19 guidance on the safe use of council buildings. Current regulations include exceptions for gatherings that are held for work purposes or the provision of voluntary or charitable services, and as councillors are providing voluntary services they can attend council meetings.
“In terms of access to the public, each council will need to assess for themselves whether members of the public can attend meetings under the current regulations (and any future regulations) based on:
the restrictions that apply to gatherings,
any exceptions to those restrictions, and
whether those exceptions apply to members of the public.
“As of 4 May, the High Court has now clarified that current legislation does not prevent councils from providing video access to meetings, but that, “where the requirement for the meeting to be ‘open to the public’ or ‘held in public’ applies, members of the public must be admitted in person as well”. However, the court deliberately avoids stipulating how many members of the public should be able to attend, and we note that councils have routinely exercised their own judgment on this question in relation to, for example, the size of their meeting rooms and having had regard to any relevant legislation or guidance.
“In regards to venues, again I would stress that councils should obtain their own legal advice on how the Covid-19 regulations apply, but you should note that the current regulations do indicate where exceptions apply in relation to the organisation or facilitation of gatherings.”