County council abandons legal threat over reorganisation decision

Writing to council leaders across Essex, the county council's leader, Cllr Kevin Bentley, said his cabinet wanted to "be clear that, despite assertions to the contrary, Essex County Council has only ever said it would seek legal advice, and there has been no decision to pursue legal action".

However, he stressed that the county still has significant concerns about the financial impact of the Government's plans, and the risks associated with disaggregating social care and education services.

Cllr Bentley had previously criticised the Government’s justification for the decision as “thin” while threatening to bring a legal challenge.

But in a letter seen by Local Government Lawyer, Cllr Bentley has now backed away from a legal challenge, while noting that the council still wishes to focus on understanding and managing the risks involved in reorganisation.

Raising concerns about social care and education, he wrote: “Social care in particular, operates as a highly integrated system, and dividing this system into five parts, at pace, carries material risk. It is a means tested service and, while demand for care is higher in lower income areas, the corresponding ability of individuals to pay towards it is lower.

"This is a very real risk that we need to work together on to ensure that no new local authority — especially in the North East — is set up to fail."

He said there has been "little visibility" of how the risks would be managed, but that the council had now been reassured by the publication of the draft Structural Change Order and the progress towards a single, coherent implementation approach.

"This gives us greater confidence that, with the right governance and behaviours, some of these risks can be managed (albeit not removed altogether)," he wrote.

Cllr Bentley meanwhile said that success will require "strong and consistent collaboration between all parties from the outset, to ensure services remain safe, legal and financially sustainable".

The letter continued: “We are encouraged by the governance arrangements now emerging, and we remain convinced that, if we maintain a spirit of collaboration, openness and mutual respect, we can give ourselves the best chance of protecting residents — particularly the most vulnerable — and achieving the extremely tight timescales for implementation, through this transition.”

Commenting on the letter, a spokesperson for Essex County Council said the local authority will continue to work alongside Greater Essex's existing councils to implement reorganisation and create the new councils by April 1, 2028.

It added: "As this work progresses, the council will stay acutely focused on the impact on adult and children’s social care. These services support people with the greatest needs and changes of this scale must be handled carefully to avoid disruption.

"The council is clear that decisions must be planned carefully and based on evidence, so that people’s lives and opportunities are protected and no new council is put at risk - especially in areas where people need the most support."

Adam Carey