County to take “precautionary steps” to protect position during review of local government reorganisation

In July the then Secretary of State Steve Reed selected a four-unitary proposal for Lancashire, Blackpool and Blackburn with Darwen.

This was one of 14 decisions paused by his successor, Angela Rayner, last month ahead of a review.

Cllr Stephen Atkinson, Lancashire’s Leader, said he had “consistently pressed for any decision about the future shape of local government to be supported by robust evidence and a transparent process”.

He added that the Government had not confirmed that the decision made in July had been withdrawn or that the review would lead to a fresh decision.  

"Without that clarity, there is a risk that the council could lose the opportunity to challenge the July decision, should that prove necessary,” Cllr Atkinson said. 

"Cabinet has therefore authorised proportionate steps to protect the council’s position. If satisfactory confirmation is not received from the Government within the limited time available, this could include issuing a protective claim and asking the court to pause the proceedings while the review takes place. 

"This is a precautionary step and does not mean that the council has committed to pursuing legal action. Legal proceedings would always be a last resort and would only be considered after further correspondence from the Government and appropriate legal advice."

At its meeting last week Lancashire’s Cabinet was asked to “approve that the Director of Law and Governance, in consultation with the Leader of the Council and the Deputy Chief Executive and Section 151 Officer, be authorised to take such legal steps as are considered necessary and proportionate to protect the Council's position.

“Those steps may include taking no immediate action, seeking further clarification, commencing protective proceedings and seeking a stay, or taking any associated procedural step, including discontinuing or withdrawing proceedings where appropriate.”

A further update report is to be be brought to the Cabinet when the information is available on the outcome of the Government’s review for Lancashire with options provided on next steps “including the continuation of any protective proceedings or withdrawal”.

Amber Valley Council last week revealed that it had issued a pre-action letter to the Government over its currently paused plans for local government reorganisation in Derbyshire and Derby.

Five district and borough councils in Leicestershire have also recently sent a pre-action letter to the Government over its decision on LGR, despite the pause.