Stratford-on-Avon District Council is challenging the Government’s decision to put it into Tier 3 after the current lockdown restrictions end.
The Conservative-controlled council said it had sent a judicial review pre-action letter to the Health Secretary.
Tony Jefferson, leader of the 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.”
Mr Jefferson added that hospitality businesses were “devastated” at being placed into Tier 3, and that the prospect of a review by December 16 was “no consolation”.
A Government spokesman welcomed MPs voting to approve the new tiered system to replace the national lockdown in England and said ministers will work with those who expressed concerns.
He said: “We welcome tonight’s vote which endorses our winter plan, brings an end to the national restrictions and returns England to a tiered system.
“This will help to safeguard the gains made during the past month and keep the virus under control.
“We will continue to work with MPs who have expressed concerns in recent days.”