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Council - Local Government Review

Welcome to the City of Durham pages on Local Government Review. On these pages you'll find all the latest news and developments on the City's challenge against proposals to create one single unitary authority for the whole of County Durham.

The Leader of City of Durham Council, Cllr Fraser Reynolds is assuring residents that the Council is determined to fight for local democracy in the face of the Government's decision to ignore the strength of feeling against a single "super" council for Durham.

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Papers have been issued to the Court to begin proceedings for a judicial review.

This is a joint action being backed by the City Council and the other six district and borough councils in the County.

The Durham districts are united in our resolution to challenge the Government's decision to impose a single unitary authority and protect our staff and the wishes of our residents.

The Durham districts feel this is now our next step after being disappointed by the Government's refusal to stop implementation, ignoring the overwhelming feelings of our citizens.

Next week, Shrewsbury and Atcham B.C. and Congleton B.C. will move forward to the hearing of their judicial review and because this case is similar in nature to our Durham districts' legal challenge, we await the outcome with interest, as it is likely to have an effect on our future course of action.

The Durham districts have until Friday 28 September to respond to the implementation document issued by Central Government in August and are working on preparing a joint response, supplemented by local information and comments from each individual area.

Article	Date
Healey announces plans for unitary council implementation	22nd August	View
Durham Districts to challenge the Government's decision on Single Unitary	9th August	View
Legal action looks likely	6th August 2007	View
Leader stands firm on local democracy	26th July 2007	View
Local Government Review Referendum Results	3rd July 2007	View
Durham Districts call for public consultation on Unitary Council	11th April 2007	View
City of Durham Council says 'NO' to Unitary Council	24th January 2007	View

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Background

On 26 October 2006, the Department for Communities and Local Government announced plans to change the way local authorities work. It published a White Paper, Strong and prosperous communities that aimed to give local people and local communities more influence and power to improve their lives.

The White Paper acknowledged that improvements have been made in public services in the last ten years thanks to record levels of investment, strong performance management and the hard work and commitment of local government and others.

Councils in two tier local government areas like County Durham, where services are delivered by a district or borough council and a county council, were invited to put forward proposals for the new way of working. Currently, local government in the county is organised on a 'two-tier' basis, with two types of council - seven district or borough councils and one county council.

The City of Durham wrote to the Government stating a preference to continue with the current two-tier structure, on an enhanced basis, rather than move to unitary re-organisation, the County Council submitted a proposal for a new unitary authority and the other six district and borough councils submitted proposals for a 'Pathfinder to Unitary'.

In July 2007, the Government announced that nine proposals for unitary status would go ahead towards implementation and this included the proposal from Durham County Council.

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Legal challenge

Following the Secretary of State's decision to progress the County bid, the City of Durham has taken legal advice and decided to challenge this decision through a judicial review.The Leaders of the seven district and borough councils in the county support this challenge.

The cost of this action is small and the initial advice is being paid for by all the Districts. The Referendum on establishing a Single Unitary was overwhelming - you clearly responded with a 76% majority that you do not want a Unitary Council. The Districts feel it would be wrong to ignore these wishes and not to explore all the alternatives.

The action being taken by the District Councils is against the Secretary of State and the Government, not against the County Council. In essence the challenge is based on the following;

1. The Secretary of State has no power to conduct the present process as the White Paper is no more than a legislative proposal.
2. The Secretary of State did not apply her own criteria in allowing proposals to proceed as the County Council's bid did not demonstrate a cross section of support from service users/citizens.
3. That the Secretary of State's two stage consultation process was one sided and unfair.

It is similar in nature to that of Shrewsbury and Atcham B.C. and Congleton B.C. who have a hearing in the High Court on 12/13 September, 2007. If this case is successful, it is hoped the Secretary of State would recognise the potential for further legal action from other Councils and review her stance. In any case, the City Council and the other Durham Districts will carefully consider the outcome of the Shrewsbury and Atcham B.C. and Congleton B.C. case before proceeding further to a full hearing in the High Court, where significant costs could be incurred.

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Our future working

Throughout this period of uncertainty, one thing is paramount - the City of Durham Council will continue to deliver top quality services to the you, the citizens of Durham City.

Cllr Richard Betton, Chairman of the Durham Districts Forum, said on behalf of the seven District Council Leaders: "We are the elected local representatives for the people of County Durham and we have a duty to listen to them and act on their views. The vast majority of them do not want a huge council that will be too remote. "Since the decision was announced, public and stakeholder opinion against the plan has been growing and district councillors have been inundated with complaints from residents who are furious that their views count for nothing in this matter. The strength of feeling is clear. So with that mandate, I feel we have a duty to take this opinion very seriously. This legal challenge is the appropriate route in a healthy democracy to have the views of the people heard."

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Key Documents

Document	Date
Councils' Proposals for Unitary Local Government - An Approach to Implementation	22nd August 2007	View
Open letter to County Durham Councillors	11 July 2007	View
Open letter to County Durham Council Chief Executive and Leader	11 July 2007	View
Collective response document by County Durham District Councils	3rd July 2007	View
Letter sent to Unitary Structures Consultation Team	3rd July 2007	View
Proposals for Future Unitary - Stakeholder Consultation.	27th March 2007	View
Durham County Council - Single Unitary proposal	25th January 2007	View

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Key Dates

Date
12/13 September 2007	The Shrewsbury Judicial Review
November/December 2007	Could see the enactment of the Local Government and Public Involvement in Health bill which will give the Secretary of State the powers she requires to implement the proposals contained within the White Paper and determine the City of Durham Council's end date (if legal challenge fails)
April 2009	The establishment of the new Council

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Other pages you may find useful

• Consultation - service delivery (PID 867)
• Planning consultations (PID 855)
• Referenda - information and advice (PID 724)