High Court judge refuses judicial review of council merger decision

A High Court judge has refused on the papers to give a group of opposition councillors permission to bring a judicial review challenge over a decision to merge two local authorities in the South West.

Fifteen councillors at Taunton Deane Borough Council had claimed that the local authority had exceeded its powers and failed to consult over the proposed combination with West Somerset, England’s smallest district.

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."

Mr Justice Lewis ordered the 15 claimants to pay £1,500 in costs associated with the challenge.

Cllr John Williams, Leader of Taunton Deane Borough Council, said: "This ruling is highly significant for us and our communities.

"This judgment is a vindication of our approach so far. It's also a testament to all the hard work and commitment of our officer team who have ensured we have acted properly and correctly at all times.

"We have always been clear that until both Taunton Deane and West Somerset councils had made their decisions on the proposal, we could not begin consultations.”

Cllr Williams added: "We are now consulting widely and are strongly encouraging people to give us their views.  In the New Year we will launch a series of public roadshows in Taunton Deane and West Somerset and hold meetings for our towns and parishes.

"The information and views that we gather will form part of our submission to the Secretary of State next year."