COUNCILLORS are considering legal action after they were banned from voting on a multi-million-pound school rebuild project they had sought to scrutinise.

Five Liberal Democrats had called on Durham County Council to re-think its decision to rebuild Esh Winning Primary School, near Durham City, on a village green, at a cost of £7.3m.

But they were banned from voting on the motion – because, yesterday’s scrutiny committee meeting heard, it was clear from their motion they had already made up their mind about it.

The furious councillors are considering further action, including pursuing a judicial review.

Afterwards, Councillor Nigel Martin, the Lib Dem leader, said: “We think this is the worst piece of legal advice an officer has ever given to this council.”

Councillor David Stoker said: “It’s like fighting with one hand behind your back.”

However, Councillor Paul Stradling, who chaired yesterday’s committee, told the meeting he had taken legal advice on the issue and intended to stand by it.

The controversy centres on whether the school should be rebuilt in the centre of Esh Winning or on its existing site, at the village outskirts.

Teachers, parents and governors have claimed moving the school would jeopardise its environmental work, which has won praise from the Hampton Court Palace Flower Show and Government ministers.

However, the council’s overview and scrutiny management board yesterday voted not to send the decision back to cabinet, meaning it is now likely to move into the planning process.

Afterwards, Councillor John Wilkinson, who represents Deerness Valley, said: “Eighty per cent of parents wanted the school built on its present site.

“I don’t feel this council has taken any notice of the local population.”

Durham County Council hopes to open the new school in September 2011.