On 16 December 2024 Jim McMahon, Minister for Local Government and English Devolution, wrote to all leaders of two tier Councils and neighbouring authorities in England setting out where there may be areas ‘which might be in scope for a Joint Programme of devolution and Local Government reorganisation to set out a clear process and key milestones’. The Government has made it clear that its vision is for ‘Simple Structures’.  

The letter stated that Government will favour reorganisation for two tier areas and unitary authorities where: 

1. there is evidence of failure; or 
2. their size of boundaries may be hindering an ability to deliver sustainable high quality public services. 

The intention is to invite proposals in January 2025 from all councils in two tier areas and small neighbouring unitary.  

Subject to a few exceptions, it is envisaged that any new councils created will have a population of 500,000 or more, final decisions are to be made on a case by case basis. Any reorganisation will not delay devolution.  

Inaugural mayoral elections are to take place in May 2026. 

With regard to reorganisation, Government is to take a phased approach and deliver new Unitary Authorities in 2027 and 2028. Jim McMahon has indicated laying secondary legislation to postpone Local Council elections from May 2025 to May 2026, where it will help the area to deliver both reorganisation and devolution ‘to the most ambitious timescale’.  

He outlined the following two scenarios where elections could be postponed; 

1. areas who want to join the Devolution Priority Programme  - In such a case they will be invited to submit reorganisation proposals by autumn 2025.  
2. areas who need reorganisation to unlock devolution - In such a case they will be invited to submit reorganisation proposals by May 2025. 

Where elections are postponed Government will work with the areas to move elections to new ‘shadow’ unitary councils as soon as possible. 

Any request to postpone local elections is to be submitted on or before Friday 10 January. 

The request must set out the following – 

1. how postponing the election in May would enable the Council to make progress with reorganisation and devolution in parallel in the Devolution Priority Programme; or  
2. how postponing the May election would speed up reorganisation and enable the area to benefit from devolution as quickly as possible once new unitary structure are in place. 

At present it isn’t known what new unitary Councils will be created or what areas they will cover but the plans are ambitious and Government wants to move ‘at pace’. What is clear is this will be the biggest reorganisation since the 1970s and will be extremely challenging. 

Some comments to date with regard to cancelling electoral call suggested concerns with calling a mandate to continue and also around the extremely tight deadline to respond. 

Elections have been postponed before, for example May 2021 when the reorganisations in Cumbria, North Yorkshire and Somerset took place. At present Devon, Essex and Hertfordshire CC are considering requesting postponing the May elections. 

How Capsticks can help

Capsticks will be monitoring parliamentary progress and considering the effects of the proposed changes and our experienced Local Government team will be producing regular updates to keep you informed. Please contact Tiffany Cloynes and Rebecca Gilbert with any questions orconcerns you may have