Two more councils launch legal challenges over reorganisation decisions
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Kent County Council and East Sussex County Council have become the latest councils to announce judicial review proceedings over local government reorganisation (LGR) plans in their respective areas.
The Government announced its decisions on plans to replace two-tier local authorities with unitary councils in 14 areas on 16 July this year. However, it has since paused reorganisation activity in these areas pending a review, following “updated and privileged legal advice”.
The proposals for Kent and East Sussex were among the 14 areas affected by the pause announced on 7 September. The announcement also coincided with the withdrawal of the Government’s previous reorganisation decisions for Essex, Hampshire, Norfolk and Suffolk.
The Government’s now-halted plans for Kent would have seen the creation of four new unitary councils. This was despite Kent County Council initially supporting a different proposal that would have seen the creation of a single unitary authority for all of Kent.
According to Kent's leader, Cllr Linden Kemkaran, the local authority has repeatedly questioned the Government about the move since July, but has been "ignored".
Announcing the legal challenge, she said: "We've repeatedly asked some straightforward questions. Why was this option chosen for Kent? How was that decision reached? And where is the evidence behind it?
"We asked for answers in July. We wrote again twice in August. And we wrote again in September. Each time, our questions remain unanswered.
"I made it clear at the time of writing in September that if we did not receive a satisfactory explanation, I would consider taking the appropriate legal steps. That’s exactly what we’re now doing."
She added: "The Government has now paused the process, but its decision still stands.
"We have a responsibility to stand up for Kent residents and protect the county's interests. That's why we're moving forward with a legal challenge.
"This isn't about opposing change. It's about making sure decisions that will fundamentally change Kent's future for decades are properly explained and backed by clear evidence.
"Residents have a right to understand how these decisions were reached, and we'll continue pushing for those answers on Kent's behalf."
East Sussex meanwhile issued its legal challenge on Friday 9 October, according to a BBC news report.
A council spokesperson confirmed the legal action today, stating that it had been lodged on a “protective basis” to preserve the council’s position in relation to the applicable legal time limit while the government’s review is undertaken.
The council added: “We are seeking a stay of the proceedings pending the outcome of that review, at which point it will consider its next steps.
“We maintain that reorganisation would work best keeping East Sussex together and remain focused on delivering excellent services to residents.”
The council has previously said it opposed the Government's plan to transfer parts of East Sussex to Brighton and Hove.
Kent and East Sussex join a growing list of councils to have launched legal challenges against LGR in their regions.
Lewes District Council announced its own “protective legal action” last week, adding that the halting of the LGR programme had been partly to blame for a decision to temporarily pause its local plan preparation.
Similar steps have meanwhile been taken by Lancashire County Council, Amber Valley Borough Council, and five district and borough councils in Leicestershire.
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