U-turn on council election postponement: Legal comment
The UK Government has confirmed it has withdrawn its decision to postpone 30 local elections that are due to take place in May 2026.
Local Government Secretary Steve Reed had previously approved 12-month delays to help push ahead plans for local government reorganisation, which will create two new tiers of local authorities – strategic and unitary authorities – in every area.
The Ministry of Housing, Communities and Local Government announced today it would no longer postpone elections after receiving new legal advice.
Laura Hughes, Partner and Head of Public Law at UK and Ireland law firm Browne Jacobson, said: “This shift in position has significant ramifications for direction of travel and timetabling for the local government reorganisation programme (LGR).
“It is possible to establish new unitary authorities without a year-long shadow period and this approach has been used before, particularly where the ‘continuing council’ model is adopted, though this could also be used where councils will not continue on the same geographies.
“However, MHCLG was widely expected to use orders based very closely on previous approaches to LGR to minimise drafting time and complexity.
“This change will undoubtedly slow things down as alternative approaches are explored. Equally, any transition period without elected members in place on new boundaries will potentially lead to slower progress with members possibly not as invested in a smooth transition if they are likely to lose their seats on election. We await with interest the government’s next move.”
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