Ministry issues Q&A document for councils following pause to local government reorganisation

The document also says: “We recognise that the pause to implementation creates uncertainty for affected councils and understand the need for clarity. The Minister has committed to update Parliament on the review of the Local Government Reorganisation programme, including the timetable, when Parliament returns in October.”

On 7 September, Secretary of State Angela Rayner announced that decisions on reorganisation in Essex, Hampshire, Norfolk and Suffolk and, where relevant, their neighbouring unitary authorities would be withdrawn in light of the new legal advice, while those for 14 other areas were being paused and reviewed.

Reorganisation in the two places without decisions – Cambridgeshire and Peterborough and West Sussex – will also be the subject of the review.

The Q&A, published on the Local Government Association's website, says that during the pause the Government will consider the programme “as a whole”.

The document, which currently covers 30 questions, confirms that the Government will not publish or comment on the legal advice it received, but insists that the legal powers to do LGR “remain valid”.

Any costs resulting from the various judicial review proceedings will be determined in the usual way, it adds.

In response to a question as to whether areas with withdrawn decisions would still receive transition funding and whether areas would be compensated for costs incurred to date, the document says: “We recognise and appreciate the significant work that councils and partners have undertaken to date. As part of the pause, Government will consider council costs and how to support areas through the next stage of the process.”

The Q&A confirms that the Government has asked councils to pause work on implementing decisions, but says areas “may wish to continue with cross-cutting activities”. MHCLG officials will be in touch with all impacted areas about what this means for them.

In relation to a question on what councils should do about staff they have employed for LGR, the document says councils “remain responsible for their own staffing and employment decisions and should take appropriate HR and legal advice”.

It adds: “Government recognises that councils have made practical arrangements to support local government reorganisation, and that the pause creates uncertainty. During the pause, councils should consider whether LGR-specific work needs to be paused, scaled back or refocused, while continuing activity that remains useful in any scenario.”

The Q&A meanwhile says the timetable for any elections to future shadow unitary councils will be considered as part of the Government’s review. In her statement in the House of Commons on 7 September, Angela Rayner said elections in 2027 will take place on existing boundaries.

The 30th and final question looks at whether the exemption in respect of moving from a committee system to a Cabinet system for councils undergoing LGR still applies.

The Q&A says: “Unprotected committee-system councils are required to move to leader and cabinet governance by 29 June 2027 unless a structural changes order has been made to implement a proposal for LGR.  

“The Secretary of State may extend that deadline by up to one year, to 29 June 2028, where she considers that a structural changes order is likely to be made in relation to the council during that period. Any extension would need to be granted before 29 June 2027.”

It is expected that the Q&A will be periodically updated over the coming months.