At LLG’s largest conference , council lawyers confront restructuring plans and the Mazur ruling
This year’s Lawyers in Local Government (LLG) governance conference brought record attendance as council solicitors confronted unprecedented change across the sector. Chief executive Deborah Evans described it as the organisation’s “biggest one-day conference in a while”, reflecting the scale of reforms and legal challenges now facing local authorities.
A major focus was the Westminster government’s continuing plans to overhaul local government structures. Last year, ministers published an English Devolution white paper calling on councils in all remaining two-tier areas, and neighbouring small unitary authorities, to produce proposals for joint devolution and reorganisation. More recently, Westminster announced that it intends to reform the standards and conduct framework for local government, introducing a mandatory code of conduct and behaviour code across all tiers of authority.
Among the opening sessions, delegates examined the implications of the Public Office (Accountability) Bill, widely known as “Hillsborough Law”. Although not yet in force, the bill is expected to have significant consequences for councils, elected members, officers and their legal advisers. It creates a new legal duty of candour requiring public servants to act truthfully and support investigations, replacing the current misconduct in public office offence with tougher sanctions, including potential imprisonment.
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Womble Bond Dickinson partner Siân Ballingall told attendees that the duty will change how councils operate. If a coroner contacts the authority, she said, all relevant information must be volunteered immediately, requiring rapid internal escalation. Lawyers, she warned, will not be able to “drag their feet and cherry-pick” disclosures. Fellow partner Francesca Hodgson noted that private-sector contractors may also fall within scope, given the number of local authority functions outsourced to external bodies.
Delegates heard that the duty may require councils to refine their policies, induction processes, and statement-sign-off procedures. Questions were also raised about how authorities should resource legal representation in inquests and inquiries. One attendee highlighted the insurance implications, noting that insurers may step in and direct the level of representation needed.
The conference was told that the bill is progressing quickly through parliament. It completed its second reading in the House of Commons last week and now sits with the public bill committee, which is expected to report back by 11 December.
Attention then turned to the role of monitoring officers. Research by the Local Democracy Research Centre, LLG and Browne Jacobson found that many officers feel insufficiently protected to perform their governance duties without fear of reprisal. In response, LLG has established the Association of Monitoring Officers (AMO), offering a dedicated space for professional support. Vice-president Helen Bradley recalled her early experiences of “imposter syndrome” and said the new AMO helpline, launching in January, will build on LLG’s existing peer network. Former LLG president Rachel McKoy will serve as executive director.
The final sessions addressed a ruling that has sent “shockwaves” through the sector: the High Court’s decision in Mazur. Handed down on 16 September, the judgment confirmed that unauthorised individuals cannot conduct litigation, even under supervision. Delegates discussed what this means for councils, many of which employ staff involved in litigation work who are not legally qualified. Matthew Reed KC of Landmark Chambers said Mazur leaves significant questions unanswered about the relationship between authorised lawyers and unauthorised staff within litigation teams.
“What local authorities need to decide is what they are going to do in the face of Mazur,” Reed said, noting that councils must reconsider how their litigation departments are structured in order to comply with the law.