Suffolk County Council joins the list of councils taking legal action against Local Government Reorganisation plans

Why is Suffolk taking this action?

The Council argues that the Secretary of State departed from his officials' advice, exceeded his statutory powers and failed to apply the Government's own published criteria when making the decision. It argues that the reorganisation could cost around £40 million to deliver, in the process creating significant disruption to public services.

It states: “Deciding to continue with a judicial review is not an attempt to replace the Government's preferred three-unitary model with a single authority, but to ensure decisions of this scale are made lawfully, transparently and in accordance with the Government's own published process.”

What are the implications of the judicial review?

If Suffolk County Council is successful its judicial review, the consequences could extend well beyond Suffolk, however, the exact impact will depend on why the court rules in its favour. Possible implications could include:

A precedent affecting other judicial reviews

Although a High Court judicial review does not automatically invalidate decisions elsewhere, a judgment establishing that ministers misunderstood or misused their statutory powers would be highly persuasive in other cases.

This is particularly relevant because similar proceedings have already been initiated or announced by Norfolk, Essex, Hampshire and Portsmouth County Councils. A successful Suffolk case could strengthen those authorities' arguments or even prompt additional councils to bring challenges.

Government decisions could be quashed

If the court found the decision unlawful, it would normally quash the decision rather than substitute its own preferred outcome.

That would mean ministers would have to reconsider the proposals lawfully, taking account of the court's reasoning. Depending on the judgment, this could involve:

·       Reopening consultations;

·       Reconsidering alternative unitary models;

·       Producing fuller evidence and reasoning; or

·       Making fresh decisions using a legally compliant process.

Timetables for reorganisation could slip

Whether delays spread beyond Suffolk would depend on whether the court identifies a defect unique to Suffolk or one affecting the Government's wider methodology.

The Government might need to change its national approach

If the court criticises the way ministers evaluate competing proposals, for example, how they applied population thresholds, financial sustainability tests or community identity criteria, then the Government could need to revisit guidance for every remaining LGR area.

That could affect councils whose proposals have not yet received final approval, as well as future rounds of reorganisation.

Political effects

Even if the judgment were narrowly confined to Suffolk, it could encourage other councils to resist reorganisation, increase parliamentary scrutiny, make ministers more cautious when issuing future decisions and increase pressure for negotiated settlements rather than imposed structures.

Forbes comment:

“Local Government Reorganisation was billed to be the biggest overhaul of local government for a generation, but these plans could be on track for derailment if a judicial review finds one of more of the decisions taken by the government to date to be unlawful.

“Currently, we are not aware that any High Court hearings have begun in any of the LGR judicial review cases announced to date. The Essex County Council case is the furthest advanced, having sent its pre-action protocol letter to the Secretary of State in mid-May, but currently we’re waiting for the court to decide whether to grant permission for the judicial review to proceed.

“Only time will tell what the outcome will be, but any substantive High Court judgment in Suffolk is likely to become one of the leading authorities on how the Government can lawfully implement the current reorganisation programme.”