Council in Derbyshire issues pre-action protocol letter over paused reorganisation decision

Under Option B1, announced in July 2026, Amber Valley Borough Council would have been split between two new unitary authorities.

In September Secretary of State Angela Rayner announced that, the decision for Derbyshire and Derby – alongside 13 other areas – would be paused pending a “rapid review”.

She also withdrew, in light of updated legal advice, decisions for four areas that had been the subject of legal proceedings.

In a statement Amber Valley noted that the Government’s decision for Derbyshire had not been withdrawn, adding that “it remains unclear what the review will mean for Amber Valley”.

The Leader of Amber Valley Borough Council, Cllr Chris Emmas-Williams, said: "We remain concerned that, although the Government has paused work to implement its decision, it has not withdrawn its decision to split Amber Valley between two new councils.

"We have raised serious concerns directly with the Government about the proposed boundary changes, how it assessed the proposals against its own criteria and reached its decision, and whether it properly considered the evidence submitted and views shared by local people.

"We have not taken this legal step lightly. We believe splitting Amber Valley is the wrong decision, and our responsibility is to stand up for the people and communities we represent."

Amber Valley said the pre-action letter sets out the council’s concerns about the Government’s decision and the basis for a potential legal challenge.

The Government will have an opportunity to respond before the council decides whether to begin court proceedings.

The borough council added that the matter would be debated at a meeting of Full Council, with any decision on whether to proceed with a full judicial review put to its Cabinet.

Cllr Emmas-Williams added: "This is potentially the biggest shake-up of local government in a generation, and it needs to be done right. Our action is about ensuring Amber Valley’s voice is heard.

"In the meantime, our focus remains on delivering the day-to-day services our residents rely on, which continue as normal."

Last month five district and borough councils in Leicestershire also sent a pre-action letter to the Government over its decision on LGR, despite the pause to the programme.

The Leader of Kent County Council meanwhile said she was still considering a legal challenge to the Government’s decision to back a four-unitary proposal for Kent and Medway. This was also one of the decisions paused by the Secretary of State in her September statement.