A COUNCILLOR who lost his seat due to non-attendance said he believes he was unlawfully disqualified.

Sean Cullen, who served Whitehaven Central on Copeland council, attended only three meetings out of a possible 18 since he was elected in May last year.

Copeland council confirmed he was disqualified Under Section 85 of the Local Government Act 1972, whereby a councillor is automatically disqualified if he or she fails to attend a council meeting for a period of six months.

The Whitehaven News reported last week that Mr Cullen had been living in France, but still claimed his councillor allowance of £257.82 per month.

Now he said he is taking legal advice, as he believes it was an unlawful disqualification.

But Copeland council has rejected his claims and said Mr Cullen never approached them for advice on the matter.

He said: “Pre- and post election I had no idea that I would end up working in France, nor did I have any desire to.

“It was an incredibly difficult decision to make at the time for various reasons, most importantly being separated from my wife and three young children, not only was it emotionally hard being away for lengthy periods, but it was tough on my wife being at home with my children, my eldest son being disabled.

“Providing for my family and paying a mortgage, bills, etc is number one priority in my life.”

He also said that the allowance he received will be donated to charity.

Mr Cullen claims he sought advice from the council on what impact working abroad would have on his role as a councillor and believes he lost his seat due to “a technicality, lack of knowledge and inexperience.”

A spokesman for Copeland council said: “Mr Cullen did not formally notify Copeland Borough Council when he moved to France, nor did he approach us for advice regarding this matter.”

Mr Cullen said: “I am seeking legal advice as I believe that my attendance at the Mayor’s briefing qualifies as attendance, and therefore is unlawful disqualification.

“I have not been warned about attendance and no one has given me advice or heads up to inform me that I would be disqualified had I not attended.”

But the council said it is the responsibility of councillors to ensure they maintain their attendance.

A spokesman said: “It is the responsibility of elected members to ensure they maintain their attendance at meetings and there is no requirement for us to issue reminders to them.

“There is no appeal process to be followed in these circumstances. An election to fill the vacancy will now be held in accordance with legislation.”

Mr Cullen said he still wanted to be active in his community and set up a forum for parents who have children with disabilities.

He added: “I got finished just before Christmas and was looking forward to getting back into my role as councillor and fulfilling my pledges.

“Thanks to everyone who voted and supported me, apologies if you feel I have let you down.”