Local government reorganisation plans to be paused: Legal comment
The UK Government has confirmed today it will pause many of its decisions on local government reorganisation (LGR).
Housing, Communities and Local Government Secretary, Angela Rayner, will tell Parliament that decisions on Essex, Hampshire, Norfolk and Suffolk have been withdrawn, while changes to 14 other areas will be paused and reviewed.
This follows “updated and privileged” legal advice being provided to government.
Local government reorganisation plans were set out under Sir Keir Starmer’s government, with an ambition to establish two tiers of local government – a strategic authority on top of a local authority, with borough and district councils being abolished – in every area of England.
Laura Hughes, Partner and Head of Public law at UK and Ireland law firm Browne Jacobson, said: “It’s been clear from the moment that Andy Burnham stepped foot in No 10 that devolution is the number one priority when it comes to the future of local government.
“The Prime Minister wants every local area to be armed with the powers he enjoyed as Greater Manchester Mayor, while further financial resources are coming their way soon with the Chancellor today confirming he will set out a roadmap to fiscal devolution at the Budget.
“All this will take up plenty of officer time within authorities that are already stretched, making it not just ambitious but probably unachievable to run LGR and devolution streams in tandem. It therefore felt somewhat inevitable that local government reorganisation would be deprioritised, particularly with the threat of judicial reviews in some areas where there has been widespread local opposition to decisions.
“Government’s reluctance to publicly disclose information relating to legal claims that are in motion or threatened by the 14 areas where LGR decisions were recently made pointed to a nervousness in Westminster about how those decisions were made.
“The emphasis on ‘privileged’ legal advice being given to government suggests that today’s announcement reflects a decision based on legal risk. However, this decision is also politically convenient for a Prime Minister looking to focus more on devolution as it effectively creates the space to do just that.
“Within the local government sector, there will be a mix of frustration at possible wasted costs and further uncertainty, and relief that the unrealistic timetables have been relaxed. Questions remain on the length of this pause, and whether it really is just a pause or a full stop.
“We now expect the Government to focus on going further and faster with devolution. We have previously seen government put strategic authorities in place on short timetables, so it’s possible that if work starts now that some areas could have mayoral elections in May 2027.”
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