Five areas in England look set to move ahead with local government reorganisation (LGR) after a UK Government announcement today.

The Ministry of Housing, Communities and Local Government (MHCLG) said it was ‘minded-to’ proceed with LGR in East Sussex and Brighton and Hove; Gloucestershire; Oxfordshire; Warwickshire; and Worcestershire.

This follows a decision last month to withdraw decisions for Essex, Hampshire, Norfolk and Suffolk, as well as to pause and review proposed changes to 14 other areas. 

Laura Hughes, Partner and Head of Public Law at Browne Jacobson, said: “The government’s announcements on LGR today don’t come as a total surprise to anyone aware of what has been going on in the background. 

“We know that many of the 14 areas in relation to whom announcements were made today had launched judicial review proceedings of the government’s earlier decisions. The deadline for launch of those judicial reviews was 16 October. 

“Throughout the pre-action processes prior to the launch of formal legal action the government has refused to disclose the basis for its decision making. The withdrawal of decisions in relation to nine areas does not of itself deal with any related judicial reviews, but we can anticipate that the government will seek to conclude any claims by consent with the local authorities involved, although it will need to bear the legal costs incurred to date. 

"In relation to the five areas where it has been announced that the government is ‘minded-to’ adopt a particular geographical solution, one is a completely new announcement (Brighton and East Sussex); and four are in relation to areas in respect of which prior decisions had been taken. 

"It would appear from the government's announcement that all those decisions are being framed as ‘minded-to’ decisions, with further engagement being undertaken presumably before final decisions are taken.

“This is likely to mean that any challenge to those decisions could be made within three months of the new final decision notwithstanding the deadline for a judicial review of any previous decisions having passed. Again, this suggests that there is not total confidence from the government in the legality of the previous decisions in relation to those areas. 

“We await with interest next steps as to final decisions in relation to the five areas; and what further steps will be taken in relation to the other areas undergoing local government reorganisation. It seems likely given the further engagement being undertaken in respect of the five areas that there will be additional procedural steps taken before final decisions are adopted in relation to the other areas."