District urges neighbouring councils to clarify legal process for planned merger

Sedgemoor District Council has urged its neighbours, Taunton Deane and West Somerset Councils, to clarify the legal process to be used for their proposed merger.

In a letter to the leaders of the two authorities, Sedgemoor’s Leader, Cllr Duncan McGinty, and its chief executive, Kerry Rickards, last month said: “Currently your consultation questionnaire document is silent as to the process that the ‘merger’ will follow. We are very much of the view that the Local Government and Public Involvement in Health Act 2007 process should be used and not the Cities and Local Government Devolution Act 2016.

“Before a proper consultation with communities, neighbouring authorities and stakeholders can be fully undertaken, clarifying the process the Minister [Communities Secretary Sajid Javid] is to follow is vital. We would very much encourage the Minister to use the 2007 Act process. It is certainly more appropriate to this type of local government reorganisation and would allow the Boundary Commission to consider wider issues of community relationships as well as where the current boundaries of any new authority may be drawn.”

The authors of the letter said they were convinced that such issues were central to deciding what the extent of a new district council in Somerset would be and only the 2007 Act process ensured these issues were properly considered.

“It is our view that the 2016 Act process was not intended for use in such a merger, but designed for the creation of new Authorities through devolution deals. As the notes to the Act clarify it is to be used ‘where devolution deals ....... are agreed ........ and where it may be appropriate for existing Councils to establish a combined authority’. That is not the case with your proposed merger,” they wrote.

Earlier in the letter, Cllr McGinty and Ms Rickards said they were supportive of Taunton Deane and West Somerset’s ambitions to make significant savings to council budgets and reduce the cost of council services to their citizens.

“It is very regrettable that you find yourselves in a position where your financial position has led members to vote for the abolition of both councils,” they said, adding that it would be their preference that the financial position of the councils could be secured and West Somerset continued to represent its communities “in the excellent way it has done since 1974.”

However, the letter went on to say that they feared that the issue of representation and democratic accountability would be lost in the minister’s considerations “when the financial case seems so pressing and has dominated all consideration thus far”.

Cllr McGinty and Ms Rickards said they were supportive of Taunton Deane and West Somerset’s move to place their request before the Secretary of State.

“We are very much of the view that this must follow the 2007 Act process and will be keen to put representations to the boundary commission on where any new boundaries are drawn,” they said.

“We feel that there are a number of communities that currently and historically relate to Sedgemoor and whose interests will be best served by being within the Sedgemoor District Council Boundary. As a matter of urgency therefore, we would request the Minister to determine which process he intends to follow and inform interested parties as early as possible.”

The existence of the letter emerged after it was posted by Ian Liddell-Grainger, MP for Bridgewater and West Somerset, on his website.

A spokeswoman for Taunton Deane said: "This letter was submitted as part of the public consultation on the proposal for a new council. No specific response has been sent to Sedgemoor District Council. The responses to the consultation will be publically available once they have been collated."

In December 2016 a High Court judge refused on the papers to give a group of 15 opposition councillors at Taunton Deane permission to bring a judicial review challenge over the decision to merge.

The claimants had contended that the local authority had exceeded its powers and failed to consult over the proposed combination.

In Ian Morrell & Ors v Taunton Deane Borough Council Mr Justice Lewis said the power to merge was one exercisable by the Communities Secretary by the making of regulations under s. 15 of the Cities and Local Government Devolution Act 2016.

The judge noted that, according to the defendant council’s acknowledgment of service, the Secretary of State “wishes there to be consultation on a proposed merger before he makes regulations”.

He added: “Further, it appears that the defendant [Taunton Deane Borough Council] has itself resolved to consult and obtain views on a possible merger.

"In those circumstances, this claim is both premature and academic as those interested will have the opportunity to express their views before any decision is taken by the Secretary of State to make regulations merging the two councils."