This publication by Lawyers in Local Government covers a wide range of legal issues to consider throughout LGR and devolution including reflections from LGR-experienced councils and guidance on issues such as assets, employee rights, insurance, legal tech, and setting up strategic authorities.
Page 4: A marathon, not a sprint
Local government lawyers are bracing for a massive increase in work as reorganisation gets underway, with many warning they lack the capacity to deliver the complex work needed to reach a ‘safe and legal’ vesting day. Adam Carey looks at the results of our exclusive survey of senior legal officers currently taking part in the first wave of reorganisation.
Page 10: LGR: What is involved and what you need to know
Bevan Brittan’s local government team explores the key legislative framework and the practical steps authorities must take to ensure a smooth transition to new unitary structures.
Page 14: When two (or three or four or more) become one
Simon Goacher of Weightmans provides personal insight into what does and does not work in relation to reorganisation, alongside a look at the main challenges that lie ahead for those set to undergo the process.
Page 18: It’s later than you think
Dmitrije Sirovica of Browne Jacobson speaks to former Bournemouth, Christchurch and Poole Council chief executive Graham Farrant about what works – and what does not – in delivering local government reorganisation.
Page 22: Dealing with the assets and liabilities of former authorities
Local government reorganisation will not only reshape governance structures but also trigger a complex and far-reaching transfer of property, contracts, data and liabilities. Tiffany Cloynes, Rebecca Gilbert and Megan Tam of Capsticks provide a detailed look at legal framework governing the transition to ensure a smooth handover on vesting day.
Page 26: Navigating employee rights through reorganisation
Local government reorganisation will bring complex workforce challenges for councils, from TUPE transfers and potential redundancies to significant forthcoming reforms in employment law. Ruth Rule-Mullen of Forbes Solicitors explores the employment quagmire that councils reorganising could find themselves in, with an emphasis on redundancy.
Page 30: What reorganisation means for councils’ insurance cover
Kella Bowers of Forbes Solicitors details the key challenges that councils will have to overcome in relation to the important, but often overlooked, necessity of insurance in relation to litigation and large structural changes.
Page 32: Devolution: What is involved and what to you need to know
The English Devolution and Community Empowerment Bill promises a major shift in governance, planning and public service delivery, as new strategic authorities take shape across England. Bevan Brittan’s local government team considers the legal and practical implications for councils as devolution accelerates.
Page 36: How will strategic authorities operate?
Strategic authorities are set to play a central role in England’s devolution agenda, with new powers, governance arrangements and mayoral responsibilities. Tiffany Cloynes, Rebecca Gilbert and Megan Tam of Capsticks examine what the reforms mean for councils, governance structures and collaboration across devolved areas.
Page 40: Reorganisation: The legal tech perspective
Tanya Corsie of Iken examines the practical impact of local government reorganisation on legal teams, arguing that alongside governance and workforce change, technology will be critical to a smooth transition.
Page 44: A return to Regional Police Authorities?
The planned abolition of Police and Crime Commissioners by 2028 signals a major shift in police governance, but key questions remain over the role, powers and boundaries of the proposed Policing and Crime Boards. Vanessa Cooper and Amy Stokes of TLT explore the structural and legal uncertainties facing police forces.
This article outlines issues for legal teams to consider around LGR, procurement and contracts, looking at what councils can do to mitigate potential risks and take advantage of opportunities.
- the statutory process
- opportunities, risks and challenges
- engaging with procurement teams
- drafting tender and contract provisions
- corporate actions.
This article considers ongoing responsibility for historic liabilities, noting that when councils merge, dissolve or are replaced by new authorities, their legal obligations do not disappear. If responsibility for those liabilities is not clearly identified at the point of reorganisation, successor bodies may inherit significant financial and legal exposure with little warning.
- the persistence of longtail risk
- uncertainty breeds despite – and cost
- restructuring pressures and missed priorities
- the legal consequence of change
- a narrowing window of opportunity
- governance beyond the political cycle.