A parish councillor who has spent months living at her home in France has returned to take up her position amid a wave of controversy.

Cllr Fabienne Hughes took a place at the councillors' table at Bearsted Parish Council last week, but before the meeting could get under way, fellow councillor Denis Spooner called a point of order and challenged her right to be there.

Cllr Spooner said that because Cllr Hughes had not been present for any council meeting in six months she was automatically disqualified by law.

He said that she had last attended on April 27 and so the six months expired on October 27.

Council chairman Martin Broughton initially declared: "I am unsure what to do."

But the parish clerk then supplied him with advice that she had obtained from the Kent Association of Local Councils (KALC) that the absence was permitted provided the councillor's apologies had been accepted by the council.

Council minutes showed apologies for Cllr Hughes had been given.

Cllr Spooner insisted the law stated that the councillor's term in office automatically expired unless, before the end of the six-month period, a motion was taken by the full council to approve the absence, which he said hadn't happened.

He was supported by borough councillor Val Springett, speaking at the meeting as a member of the public. She said: "Mrs Hughes should not be at the table.

"To extend the time beyond six months there must be a separate agenda item tabled before the expiry of the six-month period. That is a fact in law."

She suggested that Mrs Hughes "gracefully leave the meeting, while the council takes further advice".

But Cllr Graeme Hannington said: "We've had this from Cllr Spooner before."

He suggested Cllr Spooner, who is also a Maidstone borough councillor, was confusing the rules for borough councils with those for the parishes.

Cllr Hughes said that she had been back in the country for some time. She would have attended the September council meeting but it had been called off because of the death of Queen Elizabeth II.

A debate arose as to whether a note to "accept" apologies in the minutes was the same as "approving" them amid confusion around local government law.

The chairman eventually ruled that on the basis of the evidence had in front of him - the advice from KALC - Cllr Hughes could continue.

Her husband Jon Hughes is also a Bearsted parish councillor but is not facing the same scrutiny as he had returned back to Kent and attended a meeting during the six-month period.

Section 85 of the Local Government Act 1972 states: "If a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority."

But the law does not specify what constitutes "approval".

The issue surrounding Cllr Hughes' absence and living in France while remaining a parish councillor was reported in June in national newspapers.

Cllr Hughes complained later in the meeting of "harassment".