Somerset to re-run community governance review after ultra vires warning

Officers at the council recommended members delay a decision to merge Huish Episcopi Parish Council and Langport Town Council, after the local authority received a judicial review threat challenging the lawfulness of the CGR.

Members have now backed recommendations to carry out a second CGR from scratch.

They also accepted a recommendation that the council "acknowledge that the 12-month period for completing a CGR had lapsed by operation of law and therefore the council has no legal authority to proceed" with the initial CGR.

The council abruptly moved to delay a decision on the merger in May, backing a motion from Somerset's monitoring officer, Alyn Jones, which warned that there were "legal issues that require careful consideration before making any decision on the proposed merger".

His motion followed a legal threat from the Huish Episcopi Residents Association that had been submitted just six days before the meeting.

The legal correspondence set out objections to the committee's recommendation to merge the two parishes 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.

A new officer's report, considered last week (2 July), noted that Section 93(8) of the Local Government and Public Involvement in Health Act 2007 requires that a CGR be completed within 12 months from the date the council receives a valid petition or application.

It said that the petitions for the Community Governance Review (CGR) for Huish Episcopi and Langport were received on 27 November 2024, and the CGR should have been completed within 12 months of that date.

"Proceeding with the current CGR means the Council would be acting ultra vires," the report added.

The council will now convene an extraordinary meeting in September to advance the new plans and aims to complete the new review by February 2027.

Adam Carey