ONE of Herefordshire's 'rebel' parish councils has taken its fight with Whitehall to the High Court. And if Kingsland can't make a case there then Europe is next says chair Rodney Smallwood.

Mr Smallwood wants a judicial review of the code of conduct now regulating parish council process. He says a clause requiring councillors to register interests and disclose those of their families exceeds government's sway over grass roots authority.

All 10 Kingsland councillors agree, as do a majority of those serving Brockhampton with Much Fawley, Lyonshall and Huntington.

That has Herefordshire leading the rural revolt over the code according to its enforcers the Standards Board for England (SBE) which can force councillors from office.

The first disqualification over the code came earlier this month.

Twenty-four complaints against 'rebel' councillors in the county are currently under SBE investigation. All relate to breaches of a code that those accused don't accept.

Such an 'exceptional' number of allegations - each of which is allocated around five weeks for inquiry - may need a specific strategy says SBE spokesperson Katie Inman.

The 'rebel county' tag is relative. Though four councils actively object, the other 130 are on board.

Since The Hereford Times first featured the issue in June about 49 councillors here are thought to have resigned because of the code - out of 1,226.

But to Mr Smallwood it's the minority that matters. He cites support for Kingsland's stance from like-minded parish councils and councillors across the country.

The application for judicial review is all about interpretation of exactly what allows the SBE to exercise the power invested in it.

A lawyer by profession, Mr Smallwood says forcing an 'ill thought out' legislation like the code with all its 'legal loopholes' on councils is akin to altering a contract once its signed - something Whitehall does not have the authority to do.

"We were democratically elected according to accepted terms and conditions, it's not for government to change those while we are in office, then force us from office because we won't comply."

The next test of the 'rebellion' lies in the county's council elections due in May, a contest that takes on an extra dimension with Herefordshire Council's intention of devolving specific services down to parish councils - an initiative the code is intended to cover.

Even if 'rebels' cease to be councillors once that election is called, theoretically there's nothing to stop them standing again - though they will probably be ineligible in the event of a win.

The High Court may say different, and if it doesn't Mr Smallwood speaks of Europe as the next stop.

"We could just walk away, it's certainly an option. But there's a democratic principle at stake, and we think that's worth fighting for.