Legal teams warn of lack of resources to handle council reorganisation

The findings come from an exclusive Local Government Lawyer research report on local government reorganisation and devolution, which also found that the majority of respondents believe the process will take years to fully complete.

Half of respondents predict their councils will continue sharing services more than two years after vesting day – the day when the new unitary authorities officially replace their predecessor councils. A further 19% expect it will take between one and two years for services to be fully separated.

The survey highlights particular concerns around negotiating section 16 agreements, which set out how assets, liabilities and services will be divided.

More than three-quarters (86%) of respondents listed these agreements among their top three worries about being “safe and legal” on vesting day.

Drafting a working constitution was also a major concern, with 64% listing it in their top three worries.

Legal professionals warned that untangling and merging services will be challenging across almost all areas, with adult social care and children’s services emerging as the most complex. Seventy-five per cent of respondents said disaggregating these services would be “very complex” or “somewhat complex.”

IT systems, including case management and departmental data, were also flagged, with 31% rating them “very complex” and 56% “somewhat complex.”

More than half (62%) of respondents also warned that recruitment would become harder while councils are undergoing reorganisation.

However, when asked about the impact of reorganisation on recruitment post-reorganisation, 40% said it would become easier, 33% said it would not change, and 27% said it would become harder.

Elsewhere, more than half of respondents predicted that the new unitary councils will enjoy a significantly increased legal budget, while a further 19% said the legal budget would experience a slight increase.

New working efficiencies might also be achieved through greater adoption of legal technology, according to the report. For instance, 75% of respondents say adoption of new technology, including AI products, will increase either significantly (44%) or slightly (31%).

The full report includes articles from legal experts on governance frameworks; the transfer of property, contracts, data and liabilities; navigating employee rights; insurance cover; and the role of legal technology, and more. It can be read here.

Adam Carey