Campaigners claim alternative route to legal challenge over Dorset reorganisation

Opponents of local government reorganisation in Dorset claim to have discovered a new route to a legal challenge.

A QC’s opinion for Christchurch Borough Council in March said there were no realistic grounds on which to challenge the government’s decision to merge it with Bournemouth and Poole in a new unitary council. Another council would be created to cover the rest of Dorset.

A motion proposed by two councillors at next week’s full council meeting at Christchurch stated that both the application for reorganisation by the other councils and the government’s decision “are ultra vires and therefore unlawful”.

It added: “It would be a constitutional outrage for the UK Parliament to approve secondary legislation which amends the Local Government and Public Involvement in Health Act 2007 with retrospective effect, thereby enabling Christchurch Borough Council to be abolished against its will and that of its residents.”

This position has been endorsed by local Conservative MP Sir Christopher Chope.

An opinion poll conducted by the council found 84% of residents opposed Christchurch’s abolition.

The motion said that because the Secretary of State did not use his powers under Section 2 of the 2007 Act to invite reorganisation proposals, Christchurch could not use the power in Section 3(6) of that Act to make its own proposal and that ministers had therefore avoided the requirements in Section 7(3) of that Act for consultation.

A motion on reorganisation from leader David Flagg though would see Christchurch throw in the towel.

It said that both an opinion from barrister Nathalie Lieven QC of Blackstone Chambers and her subsequent supplementary note left the council with no credible legal path forward.

Cllr Flagg’s motion said a further opinion had been sought on the legal points raised in the other motion to the council but, “at the time of writing this report around the outcome of a further legal opinion, it is recognised that in the event that the advice remains consistent with earlier advice and the opportunity for challenge does not realistically exist, the council must consider its next steps”.

He proposed a strategy outlining actions the council should take in its final year ahead of the expected 2019 reorganisation.