An attempt to challenge the expansion of Nottingham’s city boundary is likely to fail, according to new legal advice.
The government is pushing forward with its local government reorganisation (LGR) programme across England, and by 2028, sections of Broxtowe, Gedling and Rushcliffe will become part of an enlarged Nottingham city area to form a new unitary authority.
A second unitary authority will cover the rest of the county, meaning the current county area’s existing two-tier structure will cease to exist.
The government’s LGR plans have been shrouded in debate and criticism since their announcement in December 2024, with some council leaders voicing concerns about the potential impact on services and local representation.
Some have argued that the government has gone against its own criteria, which originally included requirements that existing districts and boroughs not be split up and that new councils have a minimum population of 500,000. Some believe the public consultation on the shake-up has not been taken into account.
Rushcliffe Borough Council, in a joint effort with Broxtowe Borough Council, decided to see if a judicial review of LGR was viable. A lawyer was subsequently appointed to assess whether the grounds for such a review had the “potential to succeed”.
Judicial reviews involve a judge reviewing the lawfulness of a decision or action made by a public body, but they can only be launched to challenge the way a decision was made, rather than the rights and wrongs of that decision.
The lawyer has concluded that an application for judicial review is more likely to fail than succeed.
The document concludes that there was nothing to suggest the government had materially changed its LGR criteria; that the government’s decision had taken into account boundary changes, finances, service delivery and consultation responses, that the consultation was legally sufficient, and that there are no viable grounds for a judicial review.
Councillor Neil Clarke ( Conservative ), leader of Rushcliffe Borough Council, said his authority is “considering what to do next”.
He said: “We’ve still got to have a conversation with Broxtowe about it, and we’ve still got to have a conversation within Rushcliffe Borough Council about where we proceed. It would be interesting to know what the MP’s view of it is as well.
“We’re still considering what the best course of action is… It’s still a work in progress.”
Broxtowe Borough Council leader Milan Radulovic (Broxtowe Alliance) said he was “disappointed” with the lawyer’s outcome.
He said: “I accept the judgment as read by a King’s Counsel – if they consider it unlikely to succeed, it’s almost certain we won’t continue.
“The point of judicial review is it doesn’t look at a decision, it looks at the process. What the King’s Counsel’s confirmation is, is that the government is quite right in what it says.”
On the report’s conclusions, Cllr Radulovic said they meant consultations on local government topics are “a complete and utter waste of time”.
He said he believes the consultation on LGR in Nottinghamshire was set after the government had made its decision on how Nottinghamshire authorities would merge and change.
He added: “The conclusion didn’t surprise me, it disappointed me. It demonstrates we’re no longer living in a democracy.
“The consultation was overwhelmingly against the LGR options.
“I will talk to my colleagues and give them my advice and we will take a decision accordingly. In my general opinion, go with what the King’s Counsel is saying.”
Elections for the two new unitary authorities – called ‘shadow’ elections – will take place in May 2027, creating two shadow authorities ahead of the new councils being formally established in April 2028.
By Lauren Monaghan, Local Democracy Reporter