Leicestershire councils send pre-action protocol letter “to protect legal position” over local government reorganisation

In July then Secretary of State Steve Reed backed Leicester City Council’s proposal of two unitaries for Leicestershire, Leicester and Rutland. He also said he would exercise the power to modify the proposal to achieve the boundary change the city council requested.

However, earlier this month Angela Rayner, Reed's successor, announced that decisions on reorganisation in Essex, Hampshire, Norfolk and Suffolk and, where relevant, their neighbouring unitary authorities would be withdrawn in light of the new legal advice, while those for 14 other areas including Leicestershire were being paused and reviewed.

In a statement Blaby District Council, Harborough District Council, Hinckley and Bosworth Borough Council, North West Leicestershire District Council and Oadby and Wigston Borough Council said that although the government’s decision on LGR was currently paused, they needed to act now to protect their legal position.

The five local authorities said: “Any delay in issuing a pre-action letter would bring the risk of the councils losing the opportunity to challenge the decision within the required legal timeframe.

“Prior to taking this step, councils had sought clarity from government ministers as to the status of the decision on local government reorganisation in Leicester, Leicestershire and Rutland, but no response was received. Requests for further information about why the government selected the chosen option have also been declined.”

The five councils claimed that the Government’s own consultation demonstrated the strength of opposition to the expansion of the city boundary, with only 7% of respondents expressing a positive view of the Leicester City Council proposal.

The legal challenge focuses on two key issues:

• whether the Secretary of State had the information needed to properly assess the proposals and determine whether the Leicester City Council option was the best solution for growth and financial sustainability; and
• whether the Secretary of State had correctly followed the law in making their decision.

The five authorities added that they will “continue to liaise closely with county council colleagues, who have also initiated their own pre-action process”.

Cllr Stuart Bray, Leader of Hinckley & Bosworth Borough Council, said: “This process has already cost councils’ time, effort and public money that should be focused on delivering local services.

“Although the decision is paused, the legal deadline remains. With ministers yet to clarify its status, and further information still being refused, a pre-action letter is needed now to protect the council’s position. 

“We are working closely with other district and borough councils in Leicestershire because we share serious concerns about the impact these proposals would have on our communities. Residents deserve clarity, openness and proper consideration of the evidence before any final decision is made.”

An MHCLG spokesperson said: “We recognise the need to provide certainty as quickly as possible so areas have clarity over their future, and we will set out next steps as soon as possible.

“It would not be appropriate to comment on legal proceedings.”