Attorney General Ellie Reeves KC MP has today published updated legal risk guidance for government lawyers. This new guidance, developed with senior government lawyers, is now in operation across all departments and replaces the previous 2024 guidance.
The framework aims to help lawyers provide Ministers with practical, solutions-focused advice on achieving policy objectives within the law. It states that a decision or policy is only unlawful if no tenable legal argument exists to support it. Ministers can proceed even with a high risk of a successful challenge, provided they receive a clear and full assessment of the risk.
The guidance encourages lawyers to take a proactive approach to identify ways of reducing legal risk, including advising on options for wider policy or legislative reform. It also confirms that legal risk assessments should be revisited as facts, evidence, and case law develop. The guidance applies equally to the assessment of risk under international law.
Attorney General Ellie Reeves stated that the guidance is part of building a more agile state, where legal advice helps Ministers find lawful ways to get things done. She added that it ensures lawyers give clear, practical advice on how risk can be reduced or managed.