Westminster Policy News & Legislative Analysis

Minister writes to councils on Publicity Code in reorganisation

Alison McGovern, Minister of State for Local Government and Homelessness, wrote to council leaders on 19 November 2025 reminding them to adhere to the Publicity Code while developing local government reorganisation proposals. The correspondence was sent to leaders in East Sussex and Brighton and Hove; West Sussex; Essex, Southend-on-Sea and Thurrock; Hampshire, Isle of Wight, Portsmouth and Southampton; Norfolk; and Suffolk. The guidance applies in England.

The letter notes concerns and queries about whether some council communications may appear to support a favoured option and reiterates that authorities must have regard to the Code. It defines publicity broadly as communications addressed to the public and asks leaders to take particular care over objectivity, even‑handedness and the appropriate use of publicity in all material related to reorganisation.

Published in 2011, the Publicity Code is statutory guidance under section 4 of the Local Government Act 1986, meaning councils must consider it when taking decisions on publicity. The Code sets seven principles: lawfulness, cost‑effectiveness, objectivity, even‑handedness, appropriate use of publicity, regard to equality and diversity, and care during periods of heightened sensitivity.

The Minister highlights the need for additional caution before elections and referendums. This sits alongside the statutory bar on party‑political publicity in section 2 of the 1986 Act, reinforcing that publicly funded material should be factual and not designed to influence support for a political party.

Enforcement powers are available. Section 4A of the 1986 Act enables the Secretary of State to direct specified authorities to comply with some or all provisions of the Code. Before any direction is issued, councils must receive written notice and a period-at least 14 days-to make representations.

The letter advises leaders to seek the advice of their Monitoring Officer. Monitoring Officers have a statutory role in reporting matters they consider unlawful or amounting to maladministration, and their sign‑off is relevant where councils are publishing material on options for reorganisation.

For communications teams working on reorganisation, the practical consequence is that explanatory content should be balanced between options and clearly evidence‑based. The Code’s provisions on appropriate use of publicity also apply beyond reorganisation, including limits on the frequency and content of council‑run newspapers and restrictions on spending public funds on lobbyists to influence local opinion on political issues.

The letter sets no new processes or deadlines; it functions as a formal reminder to apply the existing statutory framework to all reorganisation communications in the named areas. Government has also published overview pages for each area’s reorganisation work linked from the announcement page.