Legal challenge warning over Nottingham City Council budget as consultation nears

View over Nottingham City Centre
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Nottingham councillors have questioned whether the authority’s planned four-week budget consultation over the Christmas period could expose it to a legal challenge. Labour-run Nottingham City Council will soon publish its budget proposals for the financial year beginning April 2025.

However, before the budget is passed by councillors at the start of next year, it must go out to public consultation. The council will be holding a four-week consultation from December 17 to January 13, but some councillors have said it should have started earlier so people have more time to comment before the figures are set ahead of April.

During a Corporate Scrutiny Committee meeting on Wednesday (November 27) Cllr Sam Gardiner (Lab), the chair of the committee, said: “This actual scrutiny committee in 2023 made the recommendation the consultation be brought forward and started earlier, because it allows the time for proper consideration of responses, and also proper input and consideration from all scrutiny forums. It is disappointing we find ourselves in this. Can we record an assurance that we have, from next year, an earlier consultation on the budget?”

Cllr Neghat Khan (Lab), the leader of the council, said she would commit to an earlier budget consultation period next year. However she said the budget proposals had been “pushed back and back” due to changes in the council’s leadership and executive, as well as the resignation of Ross Brown, the authority’s corporate director for finance and Section 151 officer.

“We have got to start discussions early with the people of Nottingham and we recognise that,” she said. “This is where we find ourselves now because, as we’ve touched on it earlier, about the changes to officers, to the executive within the council, we’ve had a change to the Section 151 officer in this process, which has delayed things.

“One thing we will change from next year, because it is too late to do it this year, is attend meetings that are happening with community groups. We want to start talking to the people of Nottingham early. We find ourselves where we are this time but my commitment is that next year will be different.”

Concerns were also raised over whether the consultation would breach the four ‘Gunning Principles’. These legal principles define that a consultation is only legitimate when certain conditions are met, including that a final decision has not been made or predetermined, that sufficient information is made accessible and easily interpretable, that there is adequate time to take part; and that ‘conscientious consideration’ must be given to responses before a decision is made.

Cllr Gardiner said their worries could mean the consultation “might not be compliant with the principles”. Cllr Linda Woodings replied to say: “Other cities actually consult for a lesser time.

“We are where we are this year, and myself under Neghat’s direction as an executive member, all of the executive members, have prioritised the budget over other meetings and work streams. All of our focus will be on assessing the feedback, making sure we have sufficient and quality feedback.

“The advice we have received is this is compliant with the Gunning Principles, and if it is isn’t we could be judicially reviewed.” The budget consultation will be available in both paper and online formats, with hard copies distributed across the city’s library network.

Residents will be able to translate the online form to any language of their choice, and the council says it will use Artificial Intelligence (AI) to convert their answers back to English for consideration. There will be further engagement with the community and voluntary sector to assist those with differing literacy skills.