Exeter’s and Norwich’s unitary status ruled unlawful

The government’s decision to grant unitary status to Exeter and Norwich was unlawful, a High Court judge has ruled today. This morning, Ouseley J allowed an application for judicial review, brought by Devon and Norfolk County Councils, to the Secretary of State’s decision to grant unitary status to Exeter and Norwich. They argue that the unfairness caused by the Government’s last-minute change of the basis for deciding on the matter was “real, plain and unlawful”. Ouseley J said “On the face of it, the decisions taken by the Secretary of State and the Minister simply made a mockery of the consultation process.” Responding to the judgment, John Hart, leader of Devon County Council, said: “It is a victory for common sense and a vindication of our decision to pursue legal action to get it overturned. “We always questioned the way in which the previous government had reached its final decision over Exeter and it is now clear that the process it followed was flawed. “This plan would have cost local people dearly and wasted millions of pounds at a time when we need to be fully focused on saving money and protecting frontline services.” Norfolk County Council leader Daniel Cox added: “Our prime interest in opposing a Norwich unitary has always been the long-term health and well being of Norfolk and Norwich.  “We firmly believe that city and county belong together and their residents should be protected from the costs and consequences of any break up and duplication of critical services and staff across two councils rather than one,” he said. Devon County Council and another v Secretary of State for Communities and Local Government Administrative Court (Ouseley J) 21 June 2010. Timothy Straker QC and Jonathan Moffett (instructed by Knights Solicitors, of Tunbridge Wells) appeared for the first claimants; Timothy Straker QC and Andrew Sharland (instructed by Knights Solicitors, of Tunbridge Wells) appeared for second claimants; Richard Drabble QC, Samuel Grodzinski and Timothy Buley (instructed by Treasury Solicitors) appeared for the defendant; James Goudie QC and Peter Oldham QC (instructed by solicitors for Exeter City Council and Norwich City Council) appeared for the interested parties