Lancashire County Council has made a legal move to ensure the door remains open for it to formally challenge a controversial local authority shake-up, after ministers "refused" to answer a key question about the process.
Reform UK-run County Hall has lodged a so-called ‘protective claim’ in relation to the government’s plans for local government reorganisation in Lancashire, replacing the existing 15 councils with four unitary authorities.
The authority’s cabinet provisionally agreed earlier this month to take the step if the government didn't provide requested information by a deadline that threatened to cut off the county’s right to launch a judicial review of the overhaul.
The Ministry of Housing, Communities and Local Government (MHCLG) did not respond to the request, so LCC has started proceedings at the High Court of Justice Administrative Court.
The cabinet also voted for a referendum to be held on the process, a request ministers have previously denied.
After announcing the shake-up in April, in September the process was paused for a review to take place in Lancashire and across more than 20 other areas.
LCC issued a pre-emptive claim for what is known as a ‘stay’ to the three-month time limit for a legal challenge, which had been due to run out on October 16.
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Should that be granted, County Hall will retain the option to seek a judicial review.
LCC leader Councillor Stephen Atkinson, a long opponent of changes to local government in the county, has now also put his referendum idea back on the table.
He was previously told the council is welcome to hold one, but the government may not pay any attention to it as it “is not part of the statutory process”.
At a council meeting last week, Reform's Cllr Daniel Matchett claimed LGR was leading to councils putting off decisions.
However, Labour group leader Mark Clifford told the Reform group they need to accept it "is happening" and condemned the cost of a potentially pointless referendum, which would cost around £2.5 million.
He added: “The problem is you want to put extra things in the way, because you guys just don’t believe in local government reorganisation.
"You call yourself ‘Reform’, but you don’t want to reform it. The two-tier system doesn’t work; it’s inefficient. This is going to save a lot of money."
Cllr Atkinson claimed there was no mandate for LGR and that it would cost £90m to implement, but backers of the planning four-council option point out it would achieve savings of £195m and annual benefits of £82m compared to the current system.
The Progressive Lancashire group claimed LGR was trying to "marginalise the power and influence of local government", while Conservative Cllr Aidy Riggott claimed LGR would not benefit residents.
The Liberal Democrats' Cllr David Whipp said a non-binding referendum would be a waste of money.
A vote for the referendum passed, as did LCC's request for the government to "fully reimburse" costs incurred on LGR.
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