Stratford-on-Avon District Council to challenge Government's Tier decision

UPDATE 7 DECEMBER: This afternoon the District Council received an email from the Government's Legal Department stating that it would not be possible to finalise a substantive response to our letter by their own deadline of 4pm this afternoon, this follows the failure to meet the deadline of 5pm on Thursday last week. It is extremely disappointing that they have as yet not responded to our concerns, we have however been assured that the response will be provided by midday tomorrow.

Following receipt of their response we will need to fully consider how to proceed in conjunction with our legal advisors, following which we will issue a further statement, we expect that this will be forthcoming in the next couple of days.

It is encouraging that the number of cases within the District per 100,000 over 7 days based upon figures published tonight is 45.4 (28 November to 4 December), and further endorses our belief that Stratford-on-Avon District should not be in Tier 3.   No further comment will be made at this time. 

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UPDATE 3 DECEMBER: This afternoon, Thursday 3 December, the District Council has received a letter from the Government Legal Department stating that it has not been possible to respond to our concerns within our letter by 5pm today, they have promised however, to respond substantively to our claim by 4pm on Monday 7 December.

Whilst it is disappointing that we have not had a response by our deadline it is appropriate that we wait for this response before determining our next course of action following which we will be able to releasing a further statement. It should be noted however, that it is very pleasing that comments from a number of senior politicians including the Prime Minister indicate that the next review, in mid-December, will be on a lower level of geography.

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Stratford-on-Avon District Council is challenging the Government's decision to put Stratford-on-Avon District into Tier 3 after the current lockdown restrictions end.

Today, Tuesday 1 December, the District Council has sent a Judicial Review pre-action protocol letter to The Secretary of State for Health and Social Care (the DHSC).

Tony Jefferson, Leader of Stratford-on-Avon District Council said: "This is not an action we take lightly, however none of the data we see warrants Stratford-on-Avon District being placed in Tier 3. It is very disappointing that the government did not use much greater granularity in deciding on tiers.

"I know that they have looked at a number of factors including the rates in all age groups, particularly older people who are more vulnerable to the virus; and we have to take into consideration the pressure on our local hospitals and NHS services. However, none of the metrics for our District warrant it being placed in tier 3. The decision to put Stratford District in Tier 3 therefore appears arbitrary and irrational.

"There is widespread feeling of disbelief and anger locally at Stratford District being in Tier 3. Our hospitality businesses are devastated by the news. People know the relevant numbers for the area and fail to see the decision as either an accurate reflection of the situation or fair. Locally, Tier 3 is just not seen as credible. 

"The prospect of a review as late as 16 December is no consolation. Most hospitality businesses will not now open before Christmas, I understand the effort and logistics make this very difficult. The consequences for business survival and unemployment could be significant. This against the context of Stratford-on-Avon being seen as the 4^th hardest hit council area in the country.

"This is why we have taken the dramatic step of initiating a Judicial Review pre action protocol."

The District Council is requesting the DHSC retracts the decision to put Stratford-on-Avon District into Tier 3 and put it into Tier 1 or 2 and/or to take all necessary steps to withdraw and/or amend the relevant regulations.

Notes to editors

Based on the information that Government used in relation to the tiering decision, the Council had a 7 day rate/100,000 of 118.4 - the number of cases over 7 days/100,000 from 20-26 November was 83 and as at 30 November was 73.

Of the 30 local authorities in the West Midlands, only Malvern Hills had a lower rate than Stratford District.  It has been reported that Stratford has the lowest case rate anywhere in the country allocated to Tier 3.

The 7 days case rates/100,000 for the other areas in the same cluster as Stratford District are:

• • Nuneaton and Bedworth : 337.2
  • North Warwickshire :  311
  • Solihull : 269.4
  • Rugby : 264
  • Coventry : 218
  • Warwick : 209.4

The most significant problem in this group relates to Nuneaton and Bedworth and North Warwickshire, neither of which share a border with Stratford District, and travel to work information shows that there is no link from the south to the north of the County or vice versa.

However, Stratford District does share a border with Redditch Borough Council which has been placed in Tier 2.  Redditch Borough had a 7 day case rate/100,000 of 297.9, almost 3 times the rate for Stratford District.