Financially embattled Thurrock Council is preparing to launch legal action against over 20 other local authorities as it seeks to recover funds lost in a series of controversial investments.
The unitary authority in south Essex effectively declared bankruptcy two years ago after amassing a staggering £1.5 billion in debt from borrowing and high-risk investments. A significant portion of its financial troubles stems from solar energy investments, which Thurrock claims were overvalued by the Association for Public Service Excellence (APSE).
Allegations of negligent valuations
Thurrock alleges that APSE, which provides advisory services to councils, delivered negligent and inflated valuations of the solar assets that the council heavily invested in. A spokesperson for Thurrock stated that the council relied on these valuations, which “led to significant financial losses… with a negative impact on taxpayers.”
APSE has strongly denied the claims, rejecting the accusation that its valuations were responsible for Thurrock’s losses. The organisation warns that any legal proceedings initiated by Thurrock could drag all 250 councils affiliated with APSE into costly legal battles.
Potential nationwide fallout
The councils facing potential lawsuits include Luton, Southampton, Cardiff, Wolverhampton, Hertfordshire, and South Tyneside, among others. APSE has cautioned that Thurrock’s legal strategy could impose substantial financial burdens on local authorities across the UK.
APSE’s Chief Executive, Mo Baines, expressed concern about the wider implications, stating:
“This would lead to significant legal costs on other councils, which we believe has no merit.”
She warned that seeking independent legal advice could cost each council approximately £25,000. Moreover, under court rules, a claim against representative councils could become binding on all APSE members.
Baines questioned the fairness of the approach, asking whether taxpayers in areas like Norwich or Northumberland should bear the cost of Thurrock’s financial mismanagement.
Legal actions and recovery efforts
In addition to targeting local authorities, Thurrock has initiated High Court proceedings against businessman Liam Kavanagh and his firm, Rockfire Group, which received hundreds of millions in investments from the council.
The council, now under Labour leadership since May 2024, has emphasised its responsibility to explore every avenue for recovering funds. Council Leader John Kent said:
“We have a duty to consider all lines of recovery.”
Last year, Thurrock managed to recoup £513 million through asset divestments, which helped repay part of its debts. A further £90 million is anticipated to be recovered this year, reducing its debt to approximately £1 billion.
Systemic failures and accountability
A 2023 government-commissioned report identified systemic failures and a “dereliction” of leadership in Thurrock’s previous Conservative administration as contributing factors to its financial collapse.
The council’s current budget for 2024-25 stands at £172.4 million, with efforts ongoing to stabilise its financial position. However, critics argue that its legal strategy could create a ripple effect, harming councils and taxpayers far removed from Thurrock’s situation.
A wider warning
Thurrock’s plight highlights the risks associated with councils engaging in large-scale commercial investments to offset funding shortfalls. While such strategies can yield high returns, they also expose local authorities to significant financial vulnerabilities, particularly when external valuations and projections fail to align with market realities.
The councils potentially facing legal action include:
- Bolsover, Derbyshire
- Bournemouth, Christchurch and Poole
- Bristol
- Cardiff
- Derby
- East Riding of Yorkshire
- Eastleigh, Hampshire
- Flintshire
- Gedling, Nottinghamshire
- Hertfordshire
- Isle of Wight
- Luton
- Oxfordshire
- Preston
- South Oxfordshire
- South Tyneside
- Southampton
- Stockton-on-Tees
- Swansea
- Vale of Glamorgan
- Warrington, Cheshire
- West Lindsey, Lincolnshire
- Wolverhampton
As Thurrock’s legal proceedings unfold, the case is poised to set a significant precedent for how councils navigate financial disputes and address the fallout from risky investments.