Local Government Lawyer

 

Trafford Council Director of Legal and Governance


The Minister for Local Government, Devolution and Regional Growth has this week stressed that local government reorganisation (LGR) and devolution are "two distinct processes", as Nottinghamshire County Council becomes the latest authority to launch judicial review proceedings over reorganisation plans in its area.

Answering a written question in the House of Commons, Jim McMahon said the Government's decision to pause its LGR programme would not affect its wider devolution agenda.

He told Parliament: "Devolution and local government reorganisation are two distinct processes. The recent announcement of a pause pending review on the Local Government Reorganisation Programme does not impact our overall ambition to achieve full devolution coverage by the end of 2028.

"Unitary local government can help with the smooth functioning of strategic authorities, but it is not generally a prerequisite for their establishment. We will be confirming next steps on the creation of new strategic authorities soon."

His comments come as Nottinghamshire County Council joins at least 10 councils in pursuing a judicial review challenge against the Government's LGR plans.

The council said its decision to launch proceedings follows the announcement of a pause in the reorganisation programme by the Secretary of State for Housing, Communities and Local Government, Angela Rayner.

Cllr Mick Barton, Leader of Nottinghamshire County Council, said: “This is about openness, transparency and accountability. Decisions that will shape local government in Nottinghamshire for decades to come should be capable of proper scrutiny.

“By pausing the process, the government has decided that its own decision should be reviewed. If a review is necessary, the sensible course would have been to withdraw the original decision and make a fresh determination once its review had been completed.”

He added: “Instead, the original decision remains in place, and the legal clock continues to run. This leaves us with no choice but to take steps to protect Nottinghamshire residents and preserve their right to challenge the decision, if necessary."

Nottinghamshire joins a growing list of councils to have launched legal challenges against the Government's reorganisation plans.

Kent County Council, East Sussex County Council and Lewes District Council launched their own challenges earlier this month.

Similar steps have been taken by Lancashire County Council, Amber Valley Borough Council and five district and borough councils in Leicestershire.

Adam Carey

See also: Local Government Reorganisation Paused: the Implications for Local Authorities

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