Suffolk becomes latest council to issue pre-action letter over reorganisation

In March this year, the Ministry of Housing, Communities and Local Government backed plans to divide Suffolk into three unitary authorities, instead of the county council's preferred option of a single unitary authority covering all of Suffolk.

The litigation is one of the first acts of the council's newly appointed Reform UK administration, which took control after this month's local elections.

In its legal letter, the council argues that the proposal goes beyond the Secretary of State’s legal powers and does not follow the statutory process set out in legislation.

It also contends that the decision departs from the Government’s own published criteria without clear justification.

The council has also asked the Secretary of State to explain how the decision was reached, including the analysis behind it, and to withdraw the proposal. If a satisfactory response is not received, the council will consider initiating formal judicial review proceedings, it said.

Cllr Michael Hadwen, Leader of Suffolk County Council, said he did not want the council to undergo a "costly and chaotic reorganisation" that was based on a "flawed process".

He said the legal action would help protect the county from "expensive and unnecessary upheaval", adding: “We were clear before the election that we do not support reckless local government reorganisation by the Government, and that we would take all possible steps to protect residents and taxpayers’ money. That’s what we’re doing.

“We are therefore calling on the Government to listen, reconsider its approach, and abandon its plans. Any decision about the future of Suffolk must be made properly and transparently. We believe this proposal fails on these key tests.”

A spokesperson for the Ministry of Housing, Communities and Local Government confirmed receipt of the pre-action protocol letter but said it would be inappropriate to comment on potential legal proceedings.

The spokesperson said: “Local government reorganisation will put one council in charge of decisions in their area. This will speed up the construction of new homes and infrastructure, improve public services and boost regional growth to put more money in peoples’ pockets.”

The challenge comes two weeks on from Essex County Council issuing its own pre-action protocol letter challenging plans to split Essex into five unitary authorities.

It also follows a third confirmed pre-action protocol letter issued by neighbouring Norfolk County Council last month. It is understood that Norfolk’s administration aims to pursue a judicial review.  

Cabinet members at Hampshire County Council are meanwhile set to discuss the merits of a legal challenge next week and whether to take further advice, after the local authority sent a pre-action protocol letter in late April.

A spokesperson for Hampshire said: "The Council is currently waiting for the Secretary of State's comprehensive response on this matter before deciding next steps."

The Cabinet at New Forest District Council will this week (3 June) consider the local authority’s response to the Government’s preferred option for local government reorganisation in Hampshire and the Solent, having received advice that a legal challenge would have no real prospects of success.

Adam Carey