Surrey County Council LGR leaflet misleading claim
Claims of potential corruptions of due process have been levelled at key figures linked to Surrey County Council’s local government reorganisation (LGR) plans. The charges were put in a letter to the Minister of State for Local Government and Homelessness by the borough council leader at Surrey Heath. It surrounds a publicity leaflet issued by the county council and sent to householders across Surrey. The advert featured the signatures and logos of leading public bodies and figures in the county including Surrey Police, the fire and rescue service and the police and crime commissioner – and publicly backs Surrey County Council plans to merge with its 11 boroughs and districts to form two mega councils.
They did so, he said, before a final alternative position for three new councils had been finalised – meaning it was impossible to know all the options. Councillor Shaun Macdonald has since asked the ministry whether there were reasonable grounds to test whether public bodies, civil servants and elected officials broke impartiality guidelines and due process. He says senior figures, whose roles should be politically neutral, worked together, and spent public money, to push for Surrey’s two mega councils plan.
The Ministry of Housing, Communities and Local Government said the statutory consultation set out information about both proposals, and was available on gov.uk. It added that councils are required to have regard to the publicity code and any concerns should be raised with the council concerned. Surrey County Council leader Tim Oliver said they engaged with their Surrey partners about Local Government Reorganisation (LGR) throughout the process of compiling their recommendation “as government, stakeholders and residents would rightly expect”. He added that many felt the proposal for two unitary councils was the best possible outcome for the county, “which will simplify the system, save money and strengthen community engagement” and that their partners “followed their own governance processes in formally acknowledging their support for the two unitary proposal.” He said: “Importantly, all councils across Surrey have communicated with residents throughout LGR, and will continue to do so, using various channels to ensure people have access to information and given every opportunity to engage with the process.”
A decision on whether to create two or three new councils was expected earlier this month but the Local Democracy Reporting Service understands this has been delayed to give further consideration to the three-council model. A formal decision is expected at the end of this month. Delays to the announcement create a tighter window on the opposite side ahead of next May’s shadow elections.
Surrey Police said it was consulted by the county council over the two unitary councils and that it backed the move as it reflected structures the force already had in mind “before, and independently of, any plans for LGR within Surrey”. A spokesperson for the force said: “Since the proposals reflected the existing ideas of the force as to our likely future structure, it was natural for us to support them. Surrey Police will continue to work closely with our partners to understand how this proposal and any subsequent decisions might affect our own operating model now or in the future.”
Police and Crime Commissioner Lisa Townsend said she set out her support for a proposed two-unitary model of local government in a letter to the leader of Surrey County Council in May. She added: “This was subsequently included as part of the submission to Government who are currently considering what option will be implemented here in Surrey. I believe a two unitary model will not only be a simpler and more cost-effective structure for local residents but it would also be better placed to support the efficient policing of Surrey in the future. Nothing outlined in the three-unitary proposal has caused me to change my mind. The two unitary model fits well with Surrey Police’s emerging plans for a revised policing operating model – work on which had begun long before the white paper for local government reform was even on the table. My office were not consulted directly by Surrey Heath Borough Council during this process. My Chief Executive was approached by another council Chief Executive who requested feedback to help inform the development of the three-unitary proposal and we were very happy to engage in this discussion. I do not consider my support for the two unitary model to be a political decision. My views on this topic are informed by what aligns best with the future plans for Surrey Police and what I believe is right for the Force and the people it serves.”
Part of Cllr Macdonald’s letter read: “Objectivity requires ‘holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias’. It is my view that a reasonable person would not accept that writing a letter of support prior to the publication of final proposals and the start of the statutory consultation process meets the Nolan Principle of Objectivity, as due diligence in the assessment of ‘best evidence’ had not been completed. A safer position for a public body would be strictly balanced, factual information about impacts across all final options as part of the statutory consultation. Police officers, in serving the Crown, are prohibited from engaging in political activity and must remain impartial. Publicly endorsing a specific governance option (e.g. an SCC-led ‘two unitary’ model) or allowing the force’s crest to be used in a marketing campaign risks breaching those duties, even if the issue is ‘cross-party’. He added: “I do request that in assessing all statutory responses due note is taken of the potentially corrupted process and biased publicity resulting from the undue influence of Surrey County Council over these public officials and bodies, and their inputs disregarded to avoid the potential risk of judicial review.”
Related reports:
Local government reform or just more layers?
Where do we stand on local government reorganisation in Epsom and Ewell and the County?
Surrey’s partner organisations support county council plans for local government reorganisation
Surrey Councils launch Local Government Reorganisation engagement
Surrey’s BIG debt question in local government reorganisation
Local Government Reorganisation in Surrey: Key Proposals
and others: search “reorganisation”.