A man who was prevented from asking an oral question at a council meeting about a historic child abuse settlement has been granted permission to take the local authority to court.
John Affleck was told by the Royal Borough of Windsor and Maidenhead that he could not ask a supplementary question at a full council meeting on 25th July 2023. The council cited concerns about his previous conduct, including becoming agitated at meetings and sending emails to councillors that were described as aggressive and distressing.
Mr Affleck, who was subjected to sexual abuse as a child, wanted to question the council about a 2006 settlement agreement involving a man he says was one of his abusers. The settlement contained a confidentiality clause, and Mr Affleck believes it was used to protect the individual during a later criminal trial. The council disputes this and says the settlement related only to civil claims.
In an email explaining its decision, the council said it had a duty of care to protect its staff from harm. Mr Affleck was also banned from entering council premises where formal meetings were held.
He brought a legal challenge arguing that the ban breached his right to freedom of expression under Article 10 of the European Convention on Human Rights.
A High Court judge, Mr Justice MacDonald, has now ruled that Mr Affleck’s case is arguable and deserves a full hearing. The judge extended the time limit for bringing the claim, noting that although it was filed late, Mr Affleck had initially pursued a different legal route.
The judge acknowledged the council’s concerns about Mr Affleck’s behaviour, including an incident in which he poured petrol over his alleged abuser in a courtroom in 2010. However, he found it arguable that the council’s decision to ban the oral question was a disproportionate interference with political speech, which enjoys the highest level of legal protection.
Permission for judicial review has been granted, and the case will now proceed to a full hearing.
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