Amber Valley Borough Council takes first step towards legal challenge over borough split
Amber Valley Borough Council has issued a pre-action letter to the Government as the first formal step towards a potential legal challenge to its decision on Local Government Reorganisation in Derbyshire.
In July, the Government announced that Derbyshire’s existing councils would be replaced by two new unitary authorities. Under the chosen proposal, known as Option B1, Amber Valley would be split between the two new council areas.
The Government paused work to implement the decision in September while it reviews the wider Local Government Reorganisation programme. However, the decision for Derbyshire has not been withdrawn, and it remains unclear what the review will mean for Amber Valley.
The Leader of Amber Valley Borough Council, Councillor Chris 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said: “We remain concerned that, although the Government has paused work to implement its decision, it has not withdrawn its decision to split Amber Valley between two new councils.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.
“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 sets out the council’s concerns about the Government’s decision and the basis for a potential legal challenge. It gives the Government an opportunity to respond before the council decides whether to begin court proceedings.
The matter will be debated at a meeting of Full Council, with any decision on whether to proceed with a full judicial review put to Cabinet.
Councillor Emmas-Williams added: “This is potentially the biggest shake-up of local government in a generation, and it needs to be done right. Our action is about ensuring Amber Valley’s voice is heard.
“In the meantime, our focus remains on delivering the day-to-day services our residents rely on, which continue as normal.”
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