Attorney General publishes new guidance to support lawyers across government in providing more solutions-focused legal advice
The Attorney General, Ellie Reeves KC MP, has today published updated legal risk guidance for government lawyers advising Ministers on the lawfulness of policy and operational decisions.
The guidance sets out a clear framework for assessing and communicating legal risk, helping lawyers give Ministers practical, solutions-focused advice on how to achieve their policy objectives within the law.
It makes clear that a decision or policy is only unlawful where no tenable legal argument exists to support it. Where a tenable legal argument does exist, even if the risk of a successful challenge is high, the guidance confirms that it is proper and constitutional for a Minister to proceed, provided they are given a clear and full assessment of the risk involved.
The guidance asks lawyers to take a proactive and creative approach to identify ways of reducing legal risk, including by advising on options for wider policy or legislative reform where a particular law is a significant barrier to a policy aim. It also confirms that legal risk assessments are not fixed, and should be revisited as facts, evidence and case law develop.
The guidance applies equally to the assessment of risk under international law, reflecting the government’s overarching duty, set out in the Ministerial Code, to comply with the law, including international law and treaty obligations.
The guidance was developed with senior government lawyers and is now in operation across all departments, replacing previous 2024 guidance.
Attorney General, Ellie Reeves KC MP, said:
A government that delivers for the public needs a state that can move quickly and confidently. This guidance is part of building a more agile state, one where legal advice helps Ministers find lawful ways to get things done.
Government lawyers play a vital role in helping Ministers deliver for the public, lawfully and effectively. This guidance is about ensuring that lawyers give Ministers clear, practical advice, not just on whether something is legally risky, but on how that risk can be reduced or managed, so that government can continue to serve the public as best it can.
Notes to editors
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This guidance replaces the Attorney General’s Legal Risk Guidance issued in 2024.
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It applies to lawyers and other officials advising Ministers and decision-makers across government on lawfulness and legal risk in domestic and international law.
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It sets out an escalation framework requiring consultation with the Law Officers, via line managers and Legal Directors, in specified circumstances, including where there are concerns about legality or constitutional propriety, disagreement between departments, or significant and sensitive policy implications, consistent with the Cabinet Manual.
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The full guidance is available at: Guidance: Attorney General’s Guidance on Legal Risk - GOV.UK