Judgments
Devon & Norfolk v SSCLG [2010] EWHC 1456 (Admin)
21/06/10
In this case, James Goudie QC and Peter Oldham QC represented the interested parties, Norwich and Exeter City Councils. The Secretary of State for Communities and Local Government considered proposals under the Local Government and Public Involvement in Health Act 2007 for local government reorganisation in Norfolk and Devon. The City Councils sought unitary status. Near the beginning of a lengthy consultation process, SoS said that he would determine the case for change based on five criteria. When he came to make his decision, he departed to a moderate extent from these criteria in approving the change to unitary statu0s which the City Councils sought. The changes were then embodied in statutory instruments under the 2007 Act passed in the last days of the previous government. The County Councils brought ja udicial review claim against SoS, alleging that the change in decision making criteria undermined the fairness of the consultation process that had gone before it. SoS and the City Councils resisted on the basis that such departure as there was did not undermine the consultation process. The City Councils also argued, by reference to a line of authority in the House of Lords, that the judge should be slow to quash statutory instruments on public policy issues such as local government structure. The Court found the consultation process unlawful.
