Local government reorganisation decisions: Legal comment

The UK Government has announced decisions on local government reorganisation in Essex, Suffolk, Norfolk and Hampshire.  

Local Government Secretary Steve Reed confirmed that five unitaries will be created in each of Essex and Hampshire, plus three in both Norfolk and Suffolk. These will replace existing councils across these counties. 

A decision is yet to be reached in East and West Sussex, with further consultation to take place including a “modified proposal” by ministers.  

Hannah Payne, Senior Associate in the government team at UK and Ireland law firm Browne Jacobson, said: “Westminster will view these decisions in Essex, Suffolk, Norfolk and Hampshire as a major milestone in its local government reorganisation agenda at a time when it has faced challenges in implementing plans in some parts of the country.  

“However, populations in 12 of the 15 proposed unitary authorities are substantially under the 500,000 mark it said were required for new council areas, representing a significant step back from the government’s initial position on this issue. 

“While the essence of local government reorganisation is about streamlining council functions and sharing resources, an outcome of five unitary authorities in both Essex and Hampshire feels like a row back on the ambitions of large-scale authorities. Three of the four areas also feature boundary changes, despite government initially indicating this would be the exception rather than the norm when creating new unitaries. 

“Diverging local identities between rural and urban areas appears to have been one of the key barriers to establishing the larger unitary authorities initially anticipated. 

“With these counties being among the priority areas for local government reorganisation, and a decision on Sussex’s future delayed until the summer, the challenges encountered suggests that identifying a suitable way forward for new unitary authority areas may require further thought.  

“In addition, we understand some areas have contemplated judicial reviews if decisions didn’t align with their objectives, so the reactions to these decisions will be interesting.  

“Local government reorganisation remains a very bold plan, however, and creating some certainty about what this policy look likes enables these areas – and others that will follow – a roadmap to make a success of this policy.”