Plan to merge town and parish councils paused after judicial review threat
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Plans to merge two parish councils into one in Somerset have been paused in light of a judicial review threat alleging flaws in the consultation and decision-making process.
Members of Somerset Council backed a motion last week to delay a decision on combining Huish Episcopi Parish Council and Langport Town Council, after the local authority's monitoring officer, Alyn Jones, said there "are legal issues that require careful consideration before making any decision on the proposed merger".
Somerset's Constitution & Governance Committee recommended that Full Council approve the plans in September 2025, despite a community governance review advising that the decision be delayed in order to conduct further consultation.
The report said the outcome of a previous consultation was "inconclusive, particularly with regard to reflecting community interests and identities".
It noted that there was an overall approval rate of 52% for the proposals, but approval among respondents from Huish Episcopi was only 33%.
Despite this, the committee resolved that the merger was "needed", noting that members of both councils wished it to proceed.
Members were due to vote on the matter at a full council meeting last week, but agreed to delay the decision in light of the legal threat.
Jones’s advice attached to the agenda item said the council had received a letter from lawyers acting for the Huish Episcopi Residents Association just six days before the meeting.
The correspondence set out objections to the committee's recommendation and included allegations that the consultation and decision-making process adopted by the council was unlawful, irrational and non-compliant with the council’s constitution.
Local Government Lawyer understands that the grounds allege the consultation process was rendered unlawful by the failure to take its results into account, and that the decision was based on irrelevant considerations and a predetermined preference for merger.
It is also understood that the six-ground claim alleges that the statutory requirement for clear and sustained local support was not met and the decision is irrational and inconsistent with comparable cases.
Jones said: "Following a review of the issues raised, including discussions with the case officers and consideration of the report placed before the Community and Governance Committee on 11 September 2025, we have concluded that there are legal issues that require careful consideration before making any decision on the proposed merger."
He advised that the decision be adjourned in order to obtain legal advice before the matter is referred back to Somerset's Constitution and Governance Committee.
Adam Carey
Plans to merge two parish councils into one in Somerset have been paused in light of a judicial review threat alleging flaws in the consultation and decision-making process.
Members of Somerset Council backed a motion last week to delay a decision on combining Huish Episcopi Parish Council and Langport Town Council, after the local authority's monitoring officer, Alyn Jones, said there "are legal issues that require careful consideration before making any decision on the proposed merger".
Somerset's Constitution & Governance Committee recommended that Full Council approve the plans in September 2025, despite a community governance review advising that the decision be delayed in order to conduct further consultation.
The report said the outcome of a previous consultation was "inconclusive, particularly with regard to reflecting community interests and identities".
It noted that there was an overall approval rate of 52% for the proposals, but approval among respondents from Huish Episcopi was only 33%.
Despite this, the committee resolved that the merger was "needed", noting that members of both councils wished it to proceed.
Members were due to vote on the matter at a full council meeting last week, but agreed to delay the decision in light of the legal threat.
Jones’s advice attached to the agenda item said the council had received a letter from lawyers acting for the Huish Episcopi Residents Association just six days before the meeting.
The correspondence set out objections to the committee's recommendation and included allegations that the consultation and decision-making process adopted by the council was unlawful, irrational and non-compliant with the council’s constitution.
Local Government Lawyer understands that the grounds allege the consultation process was rendered unlawful by the failure to take its results into account, and that the decision was based on irrelevant considerations and a predetermined preference for merger.
It is also understood that the six-ground claim alleges that the statutory requirement for clear and sustained local support was not met and the decision is irrational and inconsistent with comparable cases.
Jones said: "Following a review of the issues raised, including discussions with the case officers and consideration of the report placed before the Community and Governance Committee on 11 September 2025, we have concluded that there are legal issues that require careful consideration before making any decision on the proposed merger."
He advised that the decision be adjourned in order to obtain legal advice before the matter is referred back to Somerset's Constitution and Governance Committee.
Adam Carey
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