Reed chose five-unitary Essex model despite officials recommending three councils, letter reveals

Writing in response to Essex County Council's judicial review threat, the Government Legal Department (GLD) noted that officials from the Ministry of Housing, Communities and Local Government (MHCLG) told Reed the three-unitary option meets all the Government's criteria for LGR "more strongly than the other three proposals".

"It is the only proposal we assess to be financially viable within five years, which is particularly pertinent given unsupported debt in Thurrock," the advice added. The advice also stated that all of the proposals being considered met the Government's criteria.

The Secretary of State chose the five-unitary approach in March this year, leading Essex County Council to issue a pre-action protocol letter over the decision.

Explaining his decision at the time, Reed said the five-unitary proposal best met the Government's criteria and highlighted the model's focus on the county's five urban centres.

He also said the proposal would help deliver housing in line with local needs, and noted that the proposal was supported by 10 out of the area's 15 councils.

Cllr Peter Harris, Leader of Essex County Council, has now said the council will launch a judicial review challenge "in the coming days" unless the Government withdraw its proposals.

Responding to the GLD's letter, Cllr Harris said: "The fact that a Secretary of State was prepared to ignore the advice of highly paid, experienced officials not just from his own department but across Whitehall on a decision affecting 1.7 million Essex residents is beyond staggering and a major embarrassment."

He added: "To choose the worst financial option meant effectively jeopardising the future of services to our most vulnerable adults and children.

“The credibility of this whole process is in tatters. I have already written to the Government asking them to withdraw their proposals. Unless they do, we will have no choice but to launch a judicial review of their decision in the coming days.”

Essex's pre-action protocol letter advances the following six grounds against the decision: inadequate reasons, procedural unfairness, inadequate consultation, misapplication of the Secretary of State’s own criteria, irrationality, and breach of the public sector equality duty.

MHCLG dismissed all of the grounds in its response to the pre-action protocol letter.

The County Councils Network (CCN) has urged the Government to reassess its approach to local government reorganisation (LGR) in light of the correspondence.

Earlier this month, the CCN wrote to the Prime Minister, Sir Keir Starmer, and Housing Secretary Steve Reed warning that the Government's LGR decisions risked undermining the delivery of essential services.

Commenting on the Government's response to Essex County Council's pre-action protocol letter, CCN Chair-Elect Cllr Sean Matthews said: "The extracts of the ministerial advice published today in Essex, and media reports of the advice received on the decision in Norfolk, are deeply alarming and validate CCN's warnings."

He added: "The letter to Essex confirms that officials advised ministers that alternative proposals were stronger on financial viability, service resilience, delivery of public services and community engagement.

"Despite those warnings, ministers pressed ahead with an option they were told was unlikely to be financially viable within five years and which carried significant risks for adult social care, children's services and SEND provision."

Cllr Matthews continued: "These revelations demand an urgent reassessment of the decisions already taken, and the Government must now fully disclose all the underpinning evidence and ministerial advice.

"At a time when the Government is planning to make further announcements on the remaining areas in the coming weeks, today's information will further erode trust in the process. It is inconceivable that the Government should continue making decisions at pace when the integrity of the process is in serious doubt."

Adam Carey