LOCAL ELECTIONS 2010: Polls chaos: threat of court challenge - Human rights lawyer ready to represent voters
Published: 14 May 2010
by ROISIN GADELRAB
LEADING human rights lawyer Richard Stein has been lined up to appeal for a judicial review into why up to 40 Islington voters were turned away from a Highbury polling station.
As those unable to vote at St John’s Highbury Vale School last week consider taking a legal challenge to the High Court, the Tribune can reveal that no extra staff were put on to deal with the increased turnout.
Part of the hold-up has been blamed on polling staff having only one copy of the electoral register between them, in which to tick off names.
Although the number of voters was always expected to be high and the population of Highbury West has increased, only six staff (three per shift) manned the station, leading to uproar when queues began to form and up to 40 people were barred from voting as doors closed.
But the Town Hall insists all procedures were followed, which meant staff had to stop issuing ballot papers by 10pm. The same numbers of staff were on duty as in 2005 – 277 across 89 polling stations.
It is believed the population of Highbury West has risen by at least 1,500 with the building of the Highbury Square development as well as other new housing blocks.
Islington North Green Party candidate and barrister Emma Dixon witnessed the scenes as voters, many of whom had tried to make it to the ballot box up to three times, were told they could not have a ballot paper – even though they were inside the school by 10pm.
She took down the details of 30 would-be voters and has written to them to offer to help anyone who wishes to appeal to the High Court for a judicial review under the Human Rights Act. Mr Stein, of Leigh Day & Co, is ready to represent them.
He said: “We’re exploring it to see if there’s a basis for a challenge to the approach the returning officer took. They should have given ballot papers to everybody that was there and available to vote at 10pm but we’re going to have to investigate it. Although it’s unlikely to make a difference on this occasion, it’s an important principle.”
Ms Dixon said: “There could be claims for compensation but my feeling is this isn’t about the money. We would ask a judge to say: if you’re inside the polling station by 10pm you can vote. It shouldn’t be dependent on how quickly the staff are acting.
“They should have brought more people in.”
Islington’s returning officer, Town Hall chief executive John Foster, said his staff were just following the rules.
He added: “The council takes its role in promoting democracy very seriously. We have reviewed the events of last week. Like all the other 88 polling stations in Islington, the one at St John’s Highbury Vale School was fully staffed with six polling officers from 7am till 10pm.”
He added: “During the course of the day, 6,866 people cast their vote at that polling station. Unfortunately, 36 people were unable to vote because the law says the polling station must close at 10pm. I’m sure this is disappointing for those people who weren’t able to vote, but we have to follow the law.”