Call for transparency over judicial review decision

A council will not answer questions about its decision to take the government to court, citing confidentiality, the BBC understands.

Michael Hadwen, Suffolk County Council's Reform leader, authorised the start of legal proceedings against the government on June 18 - a decision formalised by his cabinet later that month.

Their legal challenge, costing up to £500,000, questions the government's decision to scrap Suffolk's county, district and borough councils and replace them with three unitary authorities with more powers.

When several of the council's opposition parties sought to formally challenge the leader's decision – a 'call in' – on grounds which included openness and cost, the council rejected it, sources told the Local Democracy Reporting Service.

The cabinet decision was made on 29 June, and opposition councillors submitted call-ins straight away. If accepted, any executive decision would be frozen until it had been reviewed by the scrutiny committee.

However, sources have revealed the council's monitoring officer has now rejected the call-ins, with the 26-page reasoning for doing so deemed confidential, so it will not be released to the public.

Richard Rout, the Conservative Group leader, said the decision to keep the information confidential was "frankly disgraceful".

"We don't think that this decision was made properly, and that's why we tabled our challenges, but the council has barred me from sharing what's in the report," he said.

"It's just secrecy after secrecy – we're having to force and lever information out of this administration."

Andrew Stringer, the Green Group's leader and the council's main opposition, said: "It's disappointing that [the Reform administration] does not seem to be welcoming of scrutiny; it is worrying that this stuff is getting locked down so tight.

"In local government, we are supposed to act as open and transparent as we possibly can, and I see no reason to keep it confidential."

Cllr Martin Cook, the Labour Group's leader, said: "Nobody can have any assurance that the decision was made completely lawfully while this report remains hidden."

Cllr Inga Lockington, leader of the Lib Dems, joined other parties in criticising the administration for how it handled the issue.

The Local Democracy Reporting Service also reported that the monitoring officer is set to present a Section 5A report to cabinet members.

These are reserved for when the monitoring officer is of the opinion that a proposal, decision, or omission made by the council is, or is likely to be, illegal or causes maladministration.

Asked directly, Suffolk County Council refused to answer questions on whether the call-ins had been rejected or whether a Section 5A report was due.

The authority also declined to comment on whether it had done anything wrong.

A council spokesperson said: "Our monitoring officer has already sent a detailed response on this matter, and we do not plan to comment further."

Opposition groups have called on the council to release the report by the end of the week, with redactions where needed.

They further called out the administration for not following its pledge to be open and transparent.

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