WHITWORTH Town Council is planning a legal challenge to a decision by Rossendale Borough Council to remove its ability to run its own services.

Whitworth town clerk Ron Pickup is preparing statements to be presented before a judge in chambers.

He says Rossendale is acting illegally in deciding to take over the running of the town's cemetery, swimming pool and civic hall.

He said: "We are not their agents. An agency agreement was asked for when the town and borough councils were established after local government reorganisation, but Rossendale rejected it, so it is an equal partnership.

"I believe they cannot take away services without a request from us and they have not had that and they have not got the approval of this council for the action which is proposed."

Rossendale councillors last week decided to take over the services from April 1 1997.

Mr Pickup said there was a similar proposal in 1985, but the local authority gave up when it realised they could not remove the powers.

Whitworth council leader and Rossendale Coun Eileen Kershaw said: "The only reason we are pushing for this is because we want an unbiased legal opinion to find out whether what Rossendale is doing is correct."

Mr Pickup said if the judge granted leave, an injunction would be sought to stop Rossendale taking over.

He added: "I would hope when Rossendale realises its position it will desist with this."

Conservative and Labour members and the single Independent on on Whitworth Council voted in favour of pursuing a judicial review, but Labour councillor and former Mayor Christine Adamson voted against.

Deputy leader and press officer of Rossendale Labour party David Quinn said: "We have been advised by officers they have said we are at liberty to decide where we spend Rossendale's money and that is what we have done."

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