King's Counsel confirms no credible grounds for judicial review. Conservative administration accuses Labour of “surrendering Oxford Street” and challenges Sadiq Khan, who has so far refused to meet, to engage with the Council and residents.
Westminster's new Conservative Council has today accused the previous Labour administration of failing local people “at every turn” on Oxford Street, after King's Counsel confirmed that the legal window to challenge the Mayor's pedestrianisation in court has closed.
In one of his first acts as Leader, Cllr Paul Swaddle OBE instructed the Chief Executive on 18 May to seek formal legal advice on the grounds for challenging the Mayor's decision of 26 February 2026. That advice was received on 26 May.
King's Counsel has concluded that:
- The only legal route available to the Council would be judicial review.
- There are no credible grounds for a judicial review with any material prospect of success.
- Civil Procedure Rules require such claims to be filed promptly and within three months. That deadline expired on 26 May.
- Permission to file would have been refused for lack of promptness in any event. The change of administration at the Council would not have been accepted as justification for the delay.
Conservative councillors in opposition repeatedly called for legal action against the Mayor's decision and proposed a Council fighting fund to challenge it, which was blocked by Labour. The Conservative administration has accused its predecessor of “collusion and capitulation” between a Labour Council, a Labour Mayor and a Labour Government.
Cllr Swaddle has also confirmed that he has written to the Mayor of London inviting him to meet. The Mayor has not replied.
For the Mayor's scheme to be implemented, Transport for London must make a Traffic Management Order under section 6 of the Road Traffic Regulation Act 1984, and vary the relevant bus services under section 183 of the Greater London Authority Act. Westminster City Council is a statutory consultee on both. The TMO response will be led for the Council by Cllr Tim Barnes, Cabinet Member for Growth, and the administration has committed to using the consultation to challenge the scheme on accessibility, traffic displacement, air and noise pollution, and the impact on disabled and elderly residents who depend on direct bus access.
Cllr Paul Swaddle OBE, Leader of Westminster City Council, said:
“Westminster Labour failed local people at every turn on Oxford Street. They surrendered Oxford Street to Sadiq Khan. They voted down our fighting fund to challenge the Mayor's vanity project. Their collusion and capitulation has left it too late to legally challenge Sadiq Khan's ill-conceived scheme via Judicial Review.
“A Labour Government, a Labour Mayor and a Labour Council, all working hand in glove against the city they were meant to serve. That is Labour's record in Westminster.
“But this Conservative administration will not walk away from the people Labour ignored. We will continue to explore every possible legal option. We will fight for the disabled and elderly residents who depend on direct buses. We will fight for the businesses and workers who make this street one of the great commercial heartlands of London. And we will fight for the residents who were shut out of decisions about their own neighbourhood.
“The Traffic Management Order consultation is the next live opportunity, and we will use it. I have invited the Mayor to meet with me to discuss our concerns, but he has not replied. Sadiq Khan needs to understand that Westminster will not be ignored. He should sit down with the city his scheme affects most and find a plan that actually delivers for residents, businesses and workers.”
