New Forest District Council (NFDC) has taken the decision not to pursue a Judicial Review of the government’s local government reorganisation (LGR) decision after receiving independent legal advice that there is no realistic prospect of success.
Cllr Jill Cleary, Leader, said: ‘This Council has left no stone unturned in seeking to establish the prospects of overturning the government’s LGR decision. We explored all available legal options and sought to identify any grounds that might provide a realistic basis for challenge. In light of that, the decision not to pursue a Judicial Review is not one we have taken lightly, but when two sets of independent legal advice have told us that a Judicial Review would fail and, ultimately, would not change the government’s LGR decision, continuing down that route would not be in the best interests of our residents.’
In March 2026, the government confirmed a five-unitary model for Hampshire and the Isle of Wight, meaning New Forest district will be served by two new councils from April 2028. A new Mid Hampshire Council and a new South West Hampshire Council will be created, with the Waterside parishes of Totton and Eling, Marchwood, Hythe and Dibden and Fawley joining the latter.
At its meeting on 3rd June 2026, Cabinet considered independent legal advice and a further independent opinion from King’s Counsel, which both highlight significant concerns about any legal action succeeding.
The Council previously committed to carefully considering concerns raised by residents, members and stakeholders to ensure all available options were properly explored.
More than 20,000 people have signed a petition calling for a judicial review of the decision and local people, businesses and charities say they think the change could break up the community.
While the legal route will not be pursued by NFDC, the Council’s focus now turns to ensuring New Forest residents are strongly represented as LGR moves forward.
Cllr Cleary added: ‘I recognise that many people feel very strongly about the plans. We have from the start opposed the option now selected by government and have consistently fought for an option that keeps the Forest whole.
‘We did not support any proposal that would have seen any part of the Forest absorbed into a more urban, city-centred authority. We opposed strongly the boundary changes that would split our historic communities, and unanimously voted to support a submission to government last year that reflected that position clearly and unambiguously.
‘I will continue to raise objections with government on the decision they have taken, we fundamentally disagree with the decision. This makes our responsibility to fight for the strongest possible future representation for New Forest residents, even more important. My promise in this remains to best represent our communities, to protect local services, shape future arrangements, and ensure local voices are heard throughout the transition.’
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