To approve the issuing of Pre-Action Protocol letter (Stage 1 of the Judicial review process) against the Local Government Reorganisation (‘LGR’) decision of the Secretary of State for the Ministry of Housing, Communities and Local Government (‘MHCLG

August 24, 2026 Chief Executive (Officer) Approved View on council website

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Summary

The Chief Executive decided to approve the issuing of a Pre-Action Protocol letter against the Secretary of State for the Ministry of Housing, Communities and Local Government's decision on 24/08/2026. This letter initiates Stage 1 of the judicial review process concerning the decision to implement a four unitary proposal for local government reorganisation in Greater Lincolnshire.

Full council record

Purpose

This decision relates to the LGR decision of the Secretary of State for the MHCLG on the 16 July 2026 to move forward with the implementation of a four unitary proposal submitted by Lincoln City Council.

On the 6 February 2025, the MHCLG published correspondence and guidance to two-tier councils and unitary councils in Greater Lincolnshire to request the development of a proposal for LGR. The request set out the criteria, guidance for the development of the proposals and the timeline for the process. The proposal was to be submitted by the 28 November 2025.

On the 28 November 2025, the following 4 proposals for LGR in Lincolnshire were submitted, together with supporting documentation:

Boston Borough Council, East Lindsey District Council and South Holland District Council proposed 2 unitary councils. These would comprise the current areas of:

• Northern Lincolnshire: Lincoln, North-East Lincolnshire, North Lincolnshire and West Lindsey
• Southern Lincolnshire: Boston, East Lindsey, South Holland, North Kesteven and South Kesteven
City of Lincoln Council proposed 4 unitary councils. This includes a request to split existing district council areas between the proposed new councils. These would comprise the current areas of:

• Lincoln City: Lincoln, plus 12 wards from North Kesteven and 7 wards from West Lindsey
• Rural Lincolnshire: Boston, East Lindsey, South Kesteven, South Holland, plus North Kesteven minus 12 wards and West Lindsey minus 7 wards
• North East Lincolnshire to remain unchanged
• North Lincolnshire to remain unchanged
Lincolnshire County Council (supported by North East Lincolnshire and North Lincolnshire) proposed 3 unitary councils. These would comprise the current areas of:

• North East Lincolnshire to remain unchanged
• North Lincolnshire to remain unchanged
• Lincolnshire: Boston, City of Lincoln, East Lindsey, North Kesteven, South Holland, South Kesteven, and West Lindsey
North Kesteven District Council and South Kesteven District Council proposed 4 unitary councils. These would comprise the current areas of:

• Unitary Authority 1: North Kesteven, South Holland, South Kesteven
• Unitary Authority 2: Boston, City of Lincoln, East Lindsey, West Lindsey
• North East Lincolnshire to remain unchanged
• North Lincolnshire to remain unchanged
West Lindsey District Council did not submit a proposal.

Following the submission of the proposals, a consultation process was conducted. Throughout the consultation process, Lincolnshire County Council (‘the Council’) has engaged with MHCLG and has already highlighted a number of concerns/risks associated with the disaggregation of county wide services for Greater Lincolnshire.

On the 16 July 2026, the Secretary of State for the MHCG made the decision to move forward with the implementation of a four unitary proposal submitted by Lincoln City Council.

Upon significant review of the decision, the Council continues to have concerns in relation to the proposed model and, in particular, the financial sustainability, statutory assurance, service continuity and deliverability of the chosen proposal.

Having received legal advice in relation to the decision, the concerns of the Council and the reasoning (or lack thereof) behind the decision, including the failure to provide certain material documents, it is recommended that the Council proceeds to Stage 1 of the judicial review process by issuing a Pre-Action Protocol letter against the Secretary of State as detailed herein.

Decision

To approve the issuing of a Pre Action Protocol letter (Stage 1 of the judicial review process) in relation to the LGR decision of the Secretary of State for the MHCLG on the 16 July 2026 to move forward with the implementation of a four unitary proposal submitted by Lincoln City Council.

Alternative options considered

Not challenging the decision

Description: Accept the decision of the Secretary of State for the MHCLG to move forward with the implementation of the four unitary proposed model.

Reasons for rejection:
• This would be an acceptance of the identified concerns/risks in relation to the four unitary proposed model without any assurance that the concerns/risks can be properly managed/mitigated.
• This option would not be consistent with the representations around the concerns/risks already made in relation to the four unitary proposed model.
• Without legal challenge and proper assurance around the management and mitigation of the identified concerns/risks, the implementation could have an adverse impact on the Greater Lincolnshire area and its residents.
• Failing to challenge at this early stage may mean that the decision becomes statute barred from any such challenge at a future date.

Details

OutcomeRecommendations Approved
Decision date24 Aug 2026