Local Government Reorganisation legal fight latest
All Leicestershire district and borough councils have filed a protective judicial review claim against the government’s decision on local government reorganisation (LGR) for Leicester, Leicestershire and Rutland.
The councils say the government’s current pause on decisions for local government reorganisation in England has left them with no choice but to take the next legal step to protect their position, having previously sought clarity from ministers and requested further information about the decision-making process for Leicester, Leicestershire and Rutland.
Five councils - Blaby District Council, Harborough District Council, Hinckley and Bosworth Borough Council, North West Leicestershire District Council and Oadby and Wigston Borough Council - announced in September they had issued a pre-action letter to the government as the first formal step in considering a legal challenge to the decision on local government reorganisation for Leicester, Leicestershire and Rutland.
Following relevant Cabinet meetings, all seven Leicestershire district and borough councils have agreed to proceed with filing a protective claim for judicial review.
The claim follows the government’s announcement in July of its plans to move forward with proposals to create two new unitary councils for Leicester, Leicestershire and Rutland, including an expanded Leicester boundary affecting parts of Blaby, Charnwood, Harborough and the whole of Oadby and Wigston.
The councils recognise the significant public concern that followed the announcement of the government’s preferred option, particularly among rural and semi-rural communities that would be affected by the proposed boundary changes.
The claim argues the government decision was not made in accordance with the law and without proper consultation.
It also argues the government did not properly consider the impact on local people or the costs involved.
Finally, it argues there was not a strong enough reason for the boundary changes that were approved.
Councillor Ben Taylor, Leader of Blaby District Council, said: "I am proud that Blaby District alongside our fellow Leicestershire district and borough councils are pressing ahead with the judicial review process. This protective claim reserves our right to do that.
"We have held out for as long as the legal timeframes allow to give the new Prime Minister and Secretary of State the opportunity to withdraw the July decision. Not only have they failed to do so but they have also failed to provide us with any clarity on what the pause to the LGR programme really means.
"This is the right decision to protect our villages, our local identity and the voices of the residents we represent. The government's proposals would have significant implications for our communities and were met with widespread local opposition. We have a responsibility to protect our legal position and ensure we stand up for the residents, businesses and partners who have raised serious concerns. We say no to this proposal."
The councils say they remain committed to working constructively with partners across Leicester, Leicestershire and Rutland, and that council services will continue as normal while the legal process is in progress.
Councillor Ben Taylor
Leader of the Council