High Court judge refuses council permission for judicial review over local government reorganisation

A High Court judge has refused – following an oral hearing – to give Cumbria County Council permission to bring a judicial review challenge over government plans to reorganise the area into two unitary authorities.

In a statement Cumbria County Council pointed out that it has the right to appeal to the Court of Appeal, with any such appeal to be submitted within seven days of the High Court's decision.

The local authority added that it was “now considering its next steps”.

In July 2021 the then Secretary of State for Housing Communities and Local Government (now titled the Secretary of State for Levelling Up, Housing and Communities), Robert Jenrick, approved plans to split the county into two unitary authorities covering East and West Cumbria respectively.

The proposed East unitary council will cover the areas of Barrow, Eden and South Lakeland, and the West unitary will cover the areas of Allerdale, Carlisle and Copeland.

Cumbria was initially refused permission on the paper to bring its judicial review challenge. At the oral hearing this week (22 February) Mr Justice Fordham also refused permission.

Update: Mr Justice Fordham's judgment giving his reasons for refusing permission has been published today (25 February) in Cumbria County Council), R (On the Application Of) v Secretary of State for Levelling Up Housing and Communities [2022] EWHC 388 (Admin).