Council prepares legal action over county shake-up

A council has started the first formal step towards a potential legal challenge over the government's paused plans for local government reorganisation.

Labour-led Amber Valley Borough Council has issued a pre-action letter to the government raising concerns about a proposal that could see Amber Valley divided between two new unitary authorities.

Ministers announced the plans in July as part of a wider shake-up of local councils, although work to implement the changes was paused in September pending a review.

In response to Amber Valley's letter, the government said it was working to ensure the review "delivers the best possible outcome for councils and local people".

The council said day-to-day services for residents would continue as normal while the matter is considered.

Other councils have taken similar steps to challenge the government on the issue.

Councils such as Essex and Hampshire have had their plans withdrawn in light of new legal advice received by the government.

A pre-action letter is typically the first stage in seeking a judicial review.

The government's preferred option for a Derbyshire shake-up would divide Amber Valley between two new council areas covering the north and south of the county.

Parts of Amber Valley in the northern council would include Aldercar and Langley Mill, Alderwasley, Alfreton, Dethick, Lea and Holloway, Hazelwood, Heanor and Loscoe, Ripley and South Wingfield.

Meanwhile, areas which would join the southern council include Belper, Denby, Duffield, Holbrook, Kilburn, Kirk Langley, Mackworth, Mapperley, Quarndon, Shipley and Smalley.

Leaders in Amber Valley had not favoured the move, with leader Chris Emmas-Williams stating he was "disappointed" following the announcement in July.

"This wasn't Amber Valley Borough Council's preferred option, and proposals to split the borough received the lowest level of support through our public consultation in June 2025," he said.

In a statement on Friday evening, Emmas-Williams said: "We remain concerned that, although the government has paused work to implement its decision, it has not withdrawn its decision to split Amber Valley between two new councils.

"We have raised serious concerns directly with the government about the proposed boundary changes, how it assessed the proposals against its own criteria and reached its decision, and whether it properly considered the evidence submitted and views shared by local people."

He added: "We have not taken this legal step lightly. We believe splitting Amber Valley is the wrong decision, and our responsibility is to stand up for the people and communities we represent."

The pre-action letter gives the government an opportunity to respond before any decision is taken on whether to begin court proceedings.

The issue will be debated by a meeting of the full council in the coming weeks, with any decision on pursuing a judicial review considered by the cabinet.

Prime Minister Andy Burnham commented on LGR during a visit to Derbyshire in August.

Speaking in Ilkeston, he said it was a process "about improving the effectiveness of local councils and consolidating their resources".

But he added: "I'm always prepared to look again at issues and coming in, I will take a look at the consultation and the responses, and I know sometimes these changes are not easy."

A government spokesperson said: "We are reviewing the local government reorganisation programme until we are satisfied that the right process is in place, it complies with the law, and it meets the priorities of the new administration.

"We will ensure this review delivers the best possible outcome for councils and local people – including council costs - and we will move quickly to complete this work to give places certainty."

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