Parliament: LGG eyes legislative reform
The Lawyers in Local Government (LGG) group is to seek “legislative clarification and reform” in response to the Mazur ruling, instead of intervening in the Court of Appeal
“Local authorities occupy a unique and distinctive position under the Legal Services Act 2007, and it is increasingly clear that their role in the conduct of litigation cannot be fully or appropriately addressed through an appeal,” it said in a policy statement [1] last week.
LGG said Mazur has created “significant uncertainty for local authorities in relation to the use of legal executives and unqualified legal staff in the delivery of litigation services”, which has had “a tangible impact on service delivery, workforce confidence, and long-established models of legal practice within local government”.
But it identified a “broad consensus” across the sector that, while the outcome of Mazur has had “unfortunate and disruptive consequences for both the public and private sectors”, the judgment itself was “a credible interpretation of the law”.
The group – which has 5,100 members – went on: “In these circumstances, LLG considers that the most effective and responsible course of action is to pursue legislative clarification and reform, rather than look to overturn the decision through litigation.”
Depending on the clarity provided by the Court of Appeal after its hearing on 24 February, LLG said it was minded to commission “detailed legal advice focused exclusively on the position of local authorities”. It would then consult with members “to identify best practice, identify workable models, and agree shared priorities for legislative reform”.
Based on this work, LLG “will actively engage with government to seek a change in the law”.
It explained: “Our objective is to secure a framework that enables local authorities to continue delivering litigation services efficiently and proportionately, without unnecessary increases in cost, and without undermining the diversity, accessibility, and multiple routes into the legal profession that local government has long championed.”
In the meantime, the group is to issue guidance on how local authorities can minimise risk in the delivery of litigation services, and run a webinar on how to manage employee relations issues “lawfully and sensitively”.