Judicial Review request for Cumbria council reforms to be scrutinised

Cumbria is to be divided into two new council areas. Credit: ITV Border

The decision to launch a judicial review into local government change in Cumbria has been called-in by the county council's scrutiny board.

By 2023, the county is set to be governed by two unitary authorities, which will replace the current two-tier setup of one county and six district councils.

Not everyone is pleased about the reforms though and on September 23, the county council's cabinet made the decision to launch a judicial review, or legal challenge, against the proposals.

A spokesperson for Cumbria County Council said: "This followed careful consideration by Cabinet of the Government's response to the pre-action protocol letter submitted by the council in August. As with all Cabinet decisions, this decision is subject to the council's call-in procedure.

"In parallel with this legal process, the council will continue to work with Government and district council colleagues on the planning for the creation of the new councils."

Three county council members - Arthur Lamb, Ben Shirley and Chris Whiteside - have sought to "call-in" the cabinet's decision to launch a judicial review into reorganisation. The review will now be looked at by the scrutiny committee who will determine whether or not it was the right decision.

In their letter, they said: "The resources and potential cost involved are not proportionate to the likelihood, or lack of it, of achieving any change."

Conservative councillors feel that the judicial review is a "waste" of council time and taxpayers' money.

Liberal Democrat councillor Peter Thornton, a member of the cabinet said: "Our constitution allows any three members to take a cabinet decision to the scrutiny board and three of our members have done that."

The scrutiny board will now consider if the judicial review was the right decision or if they should send it back to cabinet.

Cllr Thornton said: "The main thing for me is that this doesn't get in the way of the work that's being done to prepare the new authorities."

Many Labour members feel that the split is designed to consolidate Conservative power.

Cllr Thornton understands the concerns but said that a considerable amount of work is needed to prepare for the two councils in 2023: "Our group would rather the judicial review wasn't happening.

"We hope that Government will work to set an early date for the hearing. As Liberal Democrats, our effort really now is being put into working out how the new councils will work."

The Centre for Public Scrutiny defines the "call-in" procedure as preventing: "the overweening exercise of power by Cabinet."

The call-in will be discussed at County Hall, Kendal, on Monday October 11 at 2pm.