FI16081

Request

Under the Freedom of Information Act 2000, I am writing to request the following information regarding this authority’s participation in the Government’s current programme of local government reorganisation: 

1. Legal Basis and Delegated Authority 

(a) Please provide any legal advice, opinion, or internal memorandum obtained by the council regarding its legal powers to submit proposals for local government reorganisation under the Local Government and Public Involvement in Health Act 2007 without a Full Council vote. 

(b) Please confirm whether the authority’s constitution delegates this power to the Executive (cabinet) or any specific officer(s). If so, provide the relevant section(s) of the constitution or governance documents. 

2. Formal Decision Records 

Please provide: 

(a) A copy of the formal record (e.g. cabinet minutes, officer decision notice, resolution) authorising the preparation or submission of a reorganisation proposal. 

(b) Dates and records of any Full Council or Cabinet meetings where the matter of reorganisation or devolution participation was discussed or approved. 

(c) Any officer delegations or internal authorisations related to this process. 

3. Justification or Special Circumstances 

(a) Has the council identified any legal, statutory, or operational justification for proceeding without a full council vote or formal public consultation? 

(b) Was any emergency condition (e.g. financial risk, statutory duty, or urgent directive) cited in relation to this decision? 

(c) If the council has been informed by any government body that participation is mandatory, please provide a copy of this instruction. 

4. External Engagement and Guidance 

• Please supply copies of correspondence, guidance, or meeting notes between this authority and: 
  • The Department for Levelling Up, Housing and Communities (DLUHC) 
  • Kent County Council (KCC) 
  • Any external consultants, strategic partners, or advisors
    ...relating to: 
  • The local government reorganisation process 
  • Submission timelines 
  • The role of consultation, Full Council approval, or cabinet authority 

Response

1. (a) Under Section 42 of the Freedom of Information Act, information in respect of which a claim to legal professional privilege (LLP) could be maintained in legal proceedings is exempt information. 

The client’s ability to speak freely and frankly with his or her legal adviser in order to obtain appropriate legal advice is a fundamental requirement of the English legal system. The concept of LPP protects the confidentiality of communications between a lawyer and client. This helps to ensure complete fairness in legal proceedings. 

In considering the public interest test, we consider that the public interest in maintaining the exemption outweighs the public interest in disclosure. We recognise that there is public interest in safeguarding openness and transparency in communications between client and lawyer. However, there is also strong public interest in ensuring frankness between lawyer and client, as this goes to serve the wider administration of justice. 

Additionally, we recognise that there is strong public interest in the matter of local government reorganisation, and that there is a need for local authorities to provide transparency in relation to this process. However, Dover District Council is currently working with other Kent Councils on a proposal which will be submitted to Government in November 2025. Disclosure of information regarding this process at this stage would prejudice the Council’s safe space to continue developing the proposal. Therefore, we consider that there is greater public interest in maintaining the exemption so that advice can continue to be exchanged freely, in order to ensure that Kent Councils can work as effectively as possible for Kent residents and customers.

(b) The powers are granted to the Leader via The Local Authorities (Functions and Responsibilities) (England) Regulations 2000. 

Part 3 of the Constitution sets out the Council’s approach to the responsibilities for functions. 

Under Section 21 of the Freedom of Information Act, we are not required to provide information in response to a request if it is already reasonably accessible to you. The Constitution is available here: https://www.dover.gov.uk/Corporate-Information/PDF/Constitution-2025-Issue-27-FINAL.pdf .

2. (a) Cabinet agreed the proposed Interim Plan Submission and the proposed Supplementary Submission on 17 March 2025.

Under Section 21 of the Freedom of Information Act, we are not required to provide information in response to a request if it is already reasonably accessible to you. The minutes from Cabinet are available here.

(b) Under Section 21 of the Freedom of Information Act, we are not required to provide information in response to a request if it is already reasonably accessible to you. Local government reorganisation and/or devolution was discussed at the following Cabinet meeting: 

17 March 2025 

(c) At the Cabinet meeting held on 17 March 2025 it was resolved that: (d)  That the Leader of the Council be requested to finalise a submission to Government in response to the LGR invitation. 

3. (a)  Dover District Council holds information relating to this request, but it is subject to Legal Professional Privilege.  As such it is exempt disclosure, under the Freedom of Information Act, by virtue of Section 42. 

Whilst we acknowledge the general public interest in transparency, and the importance of Local Government Reorganisation we believe this is not sufficient to overcome the level of confidentiality which is fundamental to the English legal system.  As such the exemption provided at Section 42 applies.

(b) Under Section 1(1)(a) of the Freedom of Information Act, we can confirm that, following a search of our paper and electronic records, we have established that this information is not held. This is because no emergency condition was cited in relation to this decision.

(c) Under Section 1(1)(a) of the Freedom of Information Act, we can confirm that, following a search of our paper and electronic records, we have established that this information is not held. This is because Dover District Council does not hold any instructions from any government body that participation is mandatory.

4. Please note that the Department for Levelling Up, Housing and Communities is now called the Ministry of Housing, Communities and Local Government (MHCLG). 

Under Section 21 of the Freedom of Information Act, we are not required to provide information in response to a request if it is already reasonably accessible to you. Some of the information you have requested is available here: 

• MHCLG letter to all two-tier Council Leaders setting out timelines
• MHCLG letter to all Kent Council Leaders setting out timelines and guidance for submitting proposals

Under Section 36(2)(b) of the Freedom of Information Act, we are not required to provide information in response to a request if disclosure would be likely to inhibit the free and frank provision of advice or the free and frank exchange of views for the purposes of deliberation. 

We consider that the disclosure of correspondence, guidance, and meeting notes between Dover District Council and Kent County Council, as well as between Dover District Council and external consultants, strategic partners, or advisors, would be likely to inhibit the free and frank provision of advice and exchange of views. 

With regard to local government reorganisation, the Council requires a safe space to develop proposals and reach decisions away from external interference and distraction. Disclosing correspondence, guidance or meeting notes regarding local government reorganisation at this stage would be likely to hinder the free and frank exchange of views or provision of advice going forwards, which may impair the quality of decision-making. 

In considering the public interest test, we consider that the public interest in maintaining the exemption outweighs the public interest in disclosure. We recognise that there is strong public interest in the matter of local government reorganisation, and that there is a need for local authorities to provide transparency in relation to this process. However, Dover District Council is currently working with other Kent Councils on a proposal which will be submitted to Government in November 2025. Disclosure of information regarding this process at this stage would prejudice the Council’s safe space to continue developing the proposal. Therefore, we consider that there is greater public interest in maintaining the exemption so that advice and views can continue to be exchanged freely, in order to ensure that Kent Councils can work as effectively as possible for Kent residents and customers.