A row has broken out ahead of a council meeting to discuss whether croft property can be used towards care charges.
Comhairle nan Eilean Siar (Western Isles Council) has included property held in crofting tenure when assessing liability for care charges, in line with legal advice received in 2004.
Following a meeting last month, it was decided to suspend any ongoing action until the council considered its policy position. It was also decided to seek a second legal opinion.
A report to the council’s meeting on 6 May says the new opinion, from QC Sir Crispin Agnew, one of the foremost authorities on crofting law, was consistent with previous advice.
The report says the opinion confirms it would not be lawful to exclude croft property from financial assessment for care charges and that the chief executive has asked colleagues to resume consideration of cases.
Officials recommend councillors note the new opinion, that the suspension has been lifted and that the previous policy should continue.
But the authority’s SNP Group claim officials have ignored a decision for the matter to return to the council for further scrutiny.
SNP councillor Calum Macmillan accused council bosses of making a “mockery of decision-making in the Western Isles. Our communities deserve better.”
He added: “Reverting to the original controversial practice of forcing the sale of croft houses is not competent and must therefore be withdrawn, as the required information has yet to be presented to councillors.”
Gordon Murray, leader of the SNP Group on the council, added: “We respect the democratic process so we want all information about this procedure to be in front of the councillors so we are able to set the policy.
“We are very disappointed in the process which seems very anti-democratic.”
