Harborough and four other councils sent a pre-action letter on 21 September, the first step towards a judicial review of the plan to split the district.
Harborough District Council has taken the first formal step towards challenging the government in court over the plan to split the district. On Monday 21 September it sent a pre-action letter to the government, jointly with four other Leicestershire councils.
The council announced the move the same day. The five councils that signed are:
- Blaby District Council
- Harborough District Council
- Hinckley and Bosworth Borough Council
- North West Leicestershire District Council
- Oadby and Wigston Borough Council
Charnwood and Melton, the county’s other two district councils, are not among them. The councils say Leicestershire County Council “has also initiated their own pre-action process”.
Why act now if the plan is on hold
The decision being challenged was made on 16 July. The government chose two unitary councils for Leicester, Leicestershire and Rutland, with some Harborough villages moving into an expanded Leicester. On 7 September it put that decision under review, along with 13 others.
A review is not a withdrawal, though. The councils say they “must act now to protect their legal position”. A delay would risk “losing the opportunity to challenge the decision within the required legal timeframe”.
That timeframe is set by the court rules. Under rule 54.5 of the Civil Procedure Rules, a judicial review claim must be filed “promptly” and no later than three months after the grounds first arose. Counted from 16 July, three months runs to mid-October.
The council also says it asked ministers what the pause meant for the Leicestershire decision and got no reply. Requests for the reasons the government picked the option it did “have also been declined”.
What the councils would argue
The release sets out two grounds:
- whether the Secretary of State had the information needed to judge whether the Leicester City Council option was the best one for growth and financial sustainability
- whether the Secretary of State followed the law in making the decision
The councils also point to the government’s own consultation. They say only 7% of respondents took a positive view of the Leicester City Council proposal. We have not been able to check that figure against the consultation results.
What happens next
A pre-action letter is not a court case. Under the pre-action protocol for judicial review, the government “should normally respond within 14 days”. Counted from 21 September, that would be around 5 October.
The councils will then decide whether to go to court. The council’s leader, Cllr Simon Whelband, was clear that nothing is settled:
“Issuing a pre-action letter does not mean a legal challenge will definitely proceed, but it allows us to keep that option open while we await the government’s response.”
He said the government’s preferred option “would have significant implications for Harborough and for rural communities across Leicestershire”.
The release does not say what the challenge has cost so far, or who would pay a share of it between the five councils. We will ask.
What it means for you
Nothing changes to council services, bills or bin days. The May 2027 district elections still go ahead on today’s boundaries, which the government confirmed on 7 September.
The places most affected are the ones the July decision would move into a Leicester-based council. The district council names them as Great Glen, Little Stretton, Newton Harcourt, Scraptoft, Stoughton, Thurnby and Bushby, Willoughby Waterleys and Wistow. If you live in one of them, your future council now depends on two things: the outcome of the government’s review, and whether this challenge reaches court.
Our council tax page sets out who charges what today.
Sources
- Leicestershire councils come together to challenge plans for Local Government Reorganisation, Harborough District Council, 21 September 2026, for the letter, the five councils, the two grounds, the 7% figure and Cllr Whelband’s comments.
- Leicestershire councils challenge plans for Local Government Reorganisation, Blaby District Council, 21 September 2026, the same joint statement as published by a second signatory.
- Government announces LGR decision, Future LLR Councils, 16 July 2026, for the date of the decision.
- Local Government Reorganisation decision under review, Future LLR Councils, 7 September 2026, for the review and the May 2027 elections.
- Civil Procedure Rules Part 54 and the Pre-Action Protocol for Judicial Review, Ministry of Justice, for the three-month limit and the 14-day response.
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