Laura Hughes, partner at UK and Ireland law firm Browne Jacobson, examines whether Reform UK’s local election successes will impact local government reorganisation.

The political shift signalled by this month’s local elections arrives at a critical moment for Labour’s ambitious local government reorganisation plans.

Shortly after winning the general election, Sir Keir Starmer’s party signalled its intention to deepen devolution, while transforming the make-up of councils across England.

However, Reform has now taken control of nine county councils – Derbyshire, Durham, Kent, Lancashire, Lincolnshire, North and West Northamptonshire, Nottinghamshire, and Staffordshire – plus City of Doncaster Council. The party has also secured mayoral positions in Greater Lincolnshire, and Hull and East Yorkshire combined authorities.

This change in national political trajectory – and potential opposition from Reform to losing tiers of local government and boundary changes – throws up questions about whether Whitehall now needs to accelerate plans and be firmer in its approach.

Labour's reorganisation agenda.

The Government's English Devolution White Paper, published in December, outlines plans for creating strategic authorities – the new name for a combined authority or combined county authority – in every area across England, with most having elected mayors and an enhanced set of standardised powers. The proposal aims to eliminate two-tier structures where they still exist.

Already, 21 areas have submitted proposals for new two-tier arrangements, sharing £7.6m in funding from the Ministry of Housing, Communities and Local Government to sweeten the deal.

Achieving these objectives was always going to have varying levels of buy-in across different areas. We expect the English Devolution Bill to follow this summer, and it will be interesting to observe what level of force the Government decides to leverage from legislation in the establishment of strategic authorities.

Reform's potential impact

If Reform-controlled councils oppose reorganisation, as suggested in some local manifestos, this creates challenges for neighbouring local authorities and the Government.

However, proposals don't require universal approval. Other local authorities – including city councils sharing boundaries with Reform-controlled counties, or district councils underneath them – can submit reorganisation proposals. While the Government must consult affected authorities, it isn't obligated to adopt their views.

The Government must consult with every local authority affected by a reorganisation proposal that was not party to a submission. While it must consider consultation responses, its ultimate decision doesn't have to adopt the views of those consulted. There is no specific criteria to be taken into account in any decision, but the Government is required to take account of all relevant considerations, enabling it to give significant weight to its own views on national policy.

The upcoming English Devolution Bill will likely introduce mechanisms to compel reorganisation, potentially strengthening the Government's position against legal challenges from dissenting councils.

Reform mayors and devolution

Reform's general election manifesto was silent on devolution, so there's no indication it will seek to block Labour's plans for the creation of strategic authorities in every area.

Some previous Reform candidates for new combined authorities and combined county authorities pledged to scrap the mayoral role. However, an elected mayor is a non-negotiable part of devolution deals for Whitehall and is embedded in the constitution that established these authorities.

Instead, the key concern with Reform mayors like Dame Andrea Jenkyns (Greater Lincolnshire) and Luke Campbell (Hull and East Yorkshire) will be how they might use devolved powers to align with Reform's national agenda, particularly on issues like net zero policies.

Strategic approach for local authorities

For local authorities facing reorganisation, proactive engagement remains crucial. Councils that can't reach consensus risk having boundaries redrawn by neighbours or mandated less favourable arrangements by central government.

While the political winds are shifting, the advice to local authorities remains the same – it's best to take the ‘carrot’ rather than the ‘stick’ handed out by Whitehall, which is determined to push through local government reorganisation.

Where consensus can’t be reached on new two-tier local government areas, councils run the risk of their boundaries being picked off by neighbours to create their own unitary authorities.

It’s therefore imperative for councils of various political colours to put their heads together and develop proposals for new authorities, sometimes including several options as some areas have done.

Moving forward with local government reform

Despite political shifts, the fundamental redesign of local governance continues. The success of this transformation will depend on balancing central government direction with local flexibility, while navigating the new political realities created by Reform's electoral breakthrough.

Authorities that engage constructively with the process are likely to secure better outcomes than those that resist what appears to be an inevitable reorganisation of England's local government landscape.