Two more councils issue pre-action letters over local government reorganisation

This follows Lincolnshire County Council issuing a pre-action letter for the same reason last week.

Hertfordshire County Council said it had formally asked the Government to disclose all the evidence for its decision to create four unitary councils in Hertfordshire as part of LGR.

According to the council, its letter requests the disclosure of evidence, analysis and financial assessments that informed the decision, particularly in relation to financial sustainability, implications of the Fair Funding Review and population size.

The council clarified, however, that the letter is only to seek explanations and information before deciding whether any legal challenge should be pursued.

It added: “This is not a decision to launch a judicial review nor an attempt to stop LGR.”

Meanwhile, Newcastle-under-Lyme Borough Council is seeking clarification on what information the previous Secretary of State, Steve Reed, considered when deciding to merge Newcastle-under-Lyme, Stoke-on-Trent and Staffordshire Moorlands into a new North Staffordshire unitary authority.

The three authorities will be abolished and replaced by a single unitary authority in spring 2028.

A shadow authority will be created in May 2027, when the three councils will begin planning how to merge services and take on responsibilities from Staffordshire County Council, which is also being abolished.

Cllr Jonathan Gullis, Leader of Newcastle-under-Lyme Borough Council and Cabinet Member for Planning and Town Centres, said: “We want the Government to show us its working so we can properly understand how this decision was reached, what evidence was considered and whether the process was fair and robust.

“Once we have seen that information and considered the Government’s response, we can then take further legal advice and decide what legal avenues, if any, may be available to Newcastle-under-Lyme to challenge the decision.

“We fundamentally disagree with being forced into a merger with Stoke-on-Trent City Council when it is carrying around £791 million of debt and has required nearly £70 million of exceptional financial support from Government in recent years.”

Cllr Gullis added: “Newcastle-under-Lyme residents did not create Stoke-on-Trent’s debt, and they should not be expected to pick up the bill for it through higher council tax, cuts to local services or money being diverted away from our communities simply to deal with liabilities accumulated elsewhere.”

Cllr Steve Jarvis, Leader of Hertfordshire County Council, said: “This is a step we have taken reluctantly. Throughout this process we have sought constructive engagement with Government but we remain concerned that the four-unitary model is the most expensive, complex and disruptive option for Hertfordshire.”

“The Government's own consultation analysis also showed that the two-unitary proposal was the most popular option among respondents overall as well as Hertfordshire residents and key partner organisations. […] We will carefully consider the Government's response and consider what, if any, further action is appropriate.

“We remain committed to working constructively with Government, with our district and borough council colleagues and with all our local partners while seeking the clarity and transparency that residents deserve.”

Other councils to have launched legal proceedings or sent pre-action letters include Harlow Council, Essex County Council, Portsmouth City Council, Hampshire County Council, Norfolk County Council and Suffolk County Council.

An MHCLG spokesperson said: “Local government reorganisation will put one council in charge of decisions in Hertfordshire. 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.”

Lottie Winson