Nottinghamshire County Council has launched legal proceedings challenging the Government’s decision over the future structure of councils across the county.
The authority has issued a claim for judicial review over the Government’s local government reorganisation (LGR) decision, which could lead to the biggest shake-up of local councils in Nottinghamshire for decades.
Under the Government’s decision announced in July, parts of Gedling, Broxtowe and Rushcliffe would be brought together with Nottingham to form an expanded unitary authority, while the remaining areas would become part of a second Nottinghamshire authority.
The move would ultimately replace the existing two-tier system of county and borough or district councils with larger unitary authorities responsible for providing local services.
However, the LGR process was paused by Communities Secretary Angela Rayner in September following new legal advice. The Government’s original Nottinghamshire decision has not been withdrawn.
Nottinghamshire County Council has now pursued its legal challenge after what it described as “careful consideration” of issues surrounding the Government’s decision-making process.
A judicial review does not determine whether a decision itself was right or wrong. Instead, it considers whether a public body’s decision was made lawfully.
The council’s claim has been lodged as a protective judicial review claim, intended to preserve the authority’s legal position because judicial review applications are subject to strict time limits. The original Government decision on Nottinghamshire’s reorganisation was made on July 16.
October council documents also revealed that the Government wrote to the authority on September 24 confirming that its original decision for Nottinghamshire had not been withdrawn despite the subsequent pause.
Nottinghamshire County Council leader Cllr Mick Barton said the authority had been seeking a clear explanation of how the decision was reached and what evidence had been used.
He said:”This is about openness, transparency and accountability. Decisions that will shape local government in Nottinghamshire for decades to come should be capable of proper scrutiny.”
He said the Government’s decision to pause the process meant it was effectively reviewing its own decision.
Cllr Barton said the council believed the more sensible approach would have been to withdraw the original decision and make a fresh determination once the Government’s review had been completed.
But because the original decision remains in place and the legal time limit continues to run, he said the authority had little choice but to act to protect its legal position.
He added:”We will continue to engage constructively with government, but we will also continue to stand up for the people of Nottinghamshire and seek answers about how this decision was reached.”
The county council had already taken preliminary steps towards a potential challenge. Cllr Barton previously sent the Government a pre-action protocol letter seeking clarification about the basis on which the Nottinghamshire LGR decision had been reached.
The Government’s reorganisation plans are particularly significant for Gedling borough.
Under the July proposals, urban parts of Gedling would become part of a new Greater Nottingham authority alongside Nottingham and areas of Broxtowe and Rushcliffe, while the remainder of Gedling would join the proposed Nottinghamshire authority.
The planned shake-up had been expected to lead to new unitary councils assuming responsibility for local services from April 2028, although the subsequent Government pause has placed the timetable under review.
The judicial review claim will now be considered through the court process.
