Government asks Nottinghamshire Council to hold fire on LGR legal challenge

The Government has asked Nottinghamshire Council to hold fire on a legal challenge over the biggest boundary shake-up in five decades while a review takes place.

Council leader Coun Mick Barton said the Reform-led authority had a “good case” for a potential judicial review of Local Government Reorganisation known as LGR.

Conservative opposition leader Coun Sam Smith criticised its handling as an inconsistent Little Britain “Vicky Pollard” approach after the Government paused LGR for review on September 7.

The plans had faced criticism since Labour announced them in December 2024 amid concerns the process was being rushed and could affect services and representation without properly considering public views on options for reshaping local government.

Council leader Coun Mick Barton said Nottinghamshire had been 'down the line from day one'. Photo: Submittedplaceholder image
Council leader Coun Mick Barton said Nottinghamshire had been 'down the line from day one'. Photo: Submitted

Nottinghamshire was among councils considering legal action and Coun Barton wrote to the Government in early September seeking clarification through a pre-action protocol letter which is intended to obtain information and address problems before further judicial review proceedings are considered.

Coun Barton said no response had arrived and told a cabinet meeting on September 22 that he was giving the Government until September 24 to reply while the meeting heard the Government had invited the authority not to progress its potential challenge.

Deputy monitoring officer Sara Pregon said the Government considered it premature to give a substantive response to the letter or for judicial review proceedings to be progressed while LGR remained under review.

Coun Barton said: “It is the council’s position that the Government should be able to respond to their pre-action protocol letter notwithstanding the review.”

Tory group leader Coun Sam Smith said Reform had taken political advice from 'Vicky Pollard'. Photo: Submittedplaceholder image
Tory group leader Coun Sam Smith said Reform had taken political advice from 'Vicky Pollard'. Photo: Submitted

Councillors voted to delegate authority to Coun Barton to commence legal proceedings over the Government’s LGR decision after receiving external legal advice despite the process being paused.

This means the council will decide whether to pursue a judicial review after receiving the Government’s response to its request for clarification.

Documents estimated total council costs of between £450,000 and £500,000 if proceedings reached the substantive stage with the sum covered by a contingency budget.

Judicial review claims generally must be made within three months of the date their grounds first arose which in this case was the Government’s decision on July 16.

Coun Barton told the Local Democracy Reporting Service that Nottinghamshire had followed Government guidelines and legislation from day one describing its proposal as “bulletproof” before saying the Government chose the city council’s cross-border option despite the Government’s requirements on borders and finances.

Coun Smith said Conservative councillors had voted in July for a motion to pause LGR in Nottinghamshire and write to the Government while Reform voted against it but had only now formally voted to trigger a judicial review following external legal advice.

He said: “They’ve taken political advice off Vicky Pollard – yeah but no but yeah but no but yeah.”

Responding Coun Barton said the Conservatives had done nothing with LGR for 10 years and that the council had taken legal advice and employed its own King’s Counsel.

He added Coun Smith had applied no pressure and had not attended meetings while Reform opposed LGR but had six months to submit an option before the Government chose one.

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