A JUDICIAL review launched against the proposed merger between Taunton Deane and West Somerset councils has been dismissed by the High Court.
Taunton Deane Borough Council leader Cllr John Williams described the decision as 'vindication' and 'an answer to all our critics'.
Fifteen Taunton Deane Borough Councillors – acting in a private capacity – sought permission for the legal challenge earlier this year. But the court has ruled the challenge as 'premature and academic.'
The group of 15 based their claim on an apparent lack of consultation by the Borough Council before the decision to pursue a new council was taken.
In his ruling Mr Justice Lewis says the Secretary of State 'wishes consultation' to take place before he makes the final decision on the new council proposal under legislation.
He says: “Further, the defendant [Taunton Deane Borough Council] has itself resolved to consult and obtain views on a possible merger.
“In those circumstances, this claim is both premature and academic as those interested will have the opportunity to express their views before any decision is taken by the Secretary of State to make regulations merging the two councils.”
"We have just heard that the judicial review has been dismissed. The council officers put in a tremendous effort to make sure everything could go through and I think this is real vindication of the good work they have done," Cllr Williams said.
"I have always been confident that the council officers had put together a very strong case following all the appropriate rules and regulations and I am delighted that they have been vindicated because everything has been done correctly" he said. "It is an answer to all of our critics."
The news will come as a blow to critics of the merger including the Liberal Democrats in Taunton and Bridgwater and West Somerset MP Ian Liddell-Grainger.
Taunton Deane Borough Counicllor Ian Morrell, who spearheaded the legal challenge, said that the result did not 'vindicate' TDBC.
"In support of our community fifteen councillors stuck their head above the parapet and hands into their own pockets.
"The judge did not reject our common law challenge: the duty to consult before making a decision. Nevertheless the Court accepted that TDBC’s current consultation redresses the council’s adverse decision-making process - even if it avoids meaningful opinion on whether Taunton Deane should be abolished.
"TDBC is not vindicated. John Williams spent taxpayer’s money defending a council merger most residents disapprove of.”
In an angry speech to Parliament criticising the merger on Tuesday, Mr Ian Liddell-Grainger said he felt the judicial review had merit.
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He said: "In July, Taunton Deane Council approved the merger. That decision has now led to a legal challenge by a number of Taunton Deane’s councillors who insist that they were not told the truth.
"The legal challenge is powerful and is already causing the Taunton Deane leader and his team considerable anxiety."
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