Decision

Cabinet resolved to:

A.   Instruct the Director of Law and Governance to take all necessary and appropriate pre-action steps in contemplation of a potential claim for Judicial Review, including issuing the proposed pre-action correspondence and considering any response received from the Government.

B.   Delegate authority to the Leader of the Council, in consultation with the Director of Law and Governance, following consideration of the Government’s response to the pre-action correspondence and any further legal advice to determine whether it is appropriate to commence Judicial Review proceedings and, if so, to authorise the issue and conduct of those proceedings on behalf of the Council.

Reasons for the decision

On 21st July 2026, Cabinet resolved to instruct the Director of Law & Governance to seek and obtain specialist legal advice on the Council’s options regarding the LGR decision and to present that advice for the consideration of Cabinet at the earliest opportunity. This advice was subsequently heard and the Cabinet reached the above decision.

Other options considered

The Cabinet could have resolved to take no further action in relation to a potential Judicial Review challenge.