All seven Leicestershire district and borough councils have filed a protective judicial review claim against the government’s decision on local government reorganisation (LGR) for Leicester, Leicestershire and Rutland. The councils stated that the government’s current pause on LGR decisions in England left them with no alternative but to take this legal step to safeguard their position. This follows previous attempts to seek clarity from ministers and obtain further information regarding the decision-making process for the area.
Previously, five councils – Blaby District Council, Harborough District Council, Hinckley and Bosworth Borough Council, North West Leicestershire District Council, and Oadby and Wigston Borough Council – had announced in September the issuance of a pre-action letter to the government. This was the initial formal step in considering a legal challenge to the LGR decision. Following relevant Cabinet meetings, all seven Leicestershire district and borough councils have now agreed to proceed with filing a protective claim for judicial review.
The claim is a response to the government’s July announcement of plans to create two new unitary councils for Leicester, Leicestershire and Rutland. These proposals include an expanded Leicester boundary that would affect parts of Blaby, Charnwood, Harborough, and the entirety of Oadby and Wigston. The councils acknowledged the significant public concern generated by the government’s preferred option, particularly among rural and semi-rural communities impacted by the proposed boundary changes.
The legal argument asserts that the government's decision was not made in accordance with the law and lacked proper consultation. Furthermore, it is argued that the government failed to adequately consider the impact on local residents and the associated costs. The claim also contends that there was insufficient justification for the approved boundary changes.
Councillor Ben Taylor, Leader of Blaby District Council, expressed pride in the joint action. "I am proud that Blaby District alongside our fellow Leicestershire district and borough councils are pressing ahead with the judicial review process. This protective claim reserves our right to do that," he stated. "We have held out for as long as the legal timeframes allow to give the new Prime Minister and Secretary of State the opportunity to withdraw the July decision. Not only have they failed to do so but they have also failed to provide us with any clarity on what the pause to the LGR programme really means."
Councillor Taylor added, "This is the right decision to protect our villages, our local identity and the voices of the residents we represent. The government's proposals would have significant implications for our communities and were met with widespread local opposition. We have a responsibility to protect our legal position and ensure we stand up for the residents, businesses and partners who have raised serious concerns. We say no to this proposal."
The councils emphasised their continued commitment to working constructively with partners across Leicester, Leicestershire, and Rutland. They assured the public that council services will continue to operate as normal throughout the legal process.
