Navigating Change: Key Legal Developments in Local Government – Autumn 2025
As autumn unfolds, the legal landscape for local government in England and Wales continues to shift under the weight of financial strain, legislative reform, and judicial scrutiny.
A key development this season is the High Court’s ruling in Mazur v Charles Russell Speechlys LLP [2025] EWHC 2341, which clarified that non-authorised staff—such as paralegals and trainees—cannot conduct litigation, even under supervision. Worse still, many experienced CILEx lawyers who are qualified but lack their litigation certificate now find themselves in an impossible situation. Whilst the judgment may seem technical to the world at large, its practical consequences are far-reaching for local authority legal teams.
Many councils rely on a blended workforce to manage increasing caseloads within tight budgets. The Mazur ruling has disrupted this model, making it harder for experienced but now we learn, non-authorised practitioners to contribute meaningfully to not just litigation work, but potentially the governance of their authority at the more senior level. This will surely intensify recruitment challenges, as councils will have to compete with the private sector for a limited pool of fully authorised solicitors—often without the resources to offer competitive salaries.
Retention will also be under pressure. Talented junior staff, previously able to progress through hands-on litigation experience, now face restricted roles, potentially stalling career development. The result will be a growing skills gap if something isn’t done, at a time when demand for legal expertise is rising.
This is all happening against the backdrop of wider financial pressures. Councils are grappling with escalating costs in adult social care, housing, and legal services, while also responding to the Labour Government’s ambitious housing and planning reforms. Legal teams are navigating changes to nutrient neutrality rules, permitted development rights, and infrastructure funding—all of which require robust legal input.
In Wales, the Corporate Joint Committees (Amendment to the Local Government Act 2003) (Wales) Regulations 2025 are now in force and amend section 33(1) of the Local Government Act 2003 to enable direct funding, improving capability and capacity to deliver functions.
Legislative activity remains high, with bills such as the Planning and Infrastructure Bill and the Renters’ Rights Bill progressing through Parliament. These could significantly alter local authority powers, particularly in housing enforcement and tenant protections. I haven’t even mentioned reorganisation yet!
In this climate of reform and resource constraint, local government lawyers remain vital. Their expertise ensures councils operate within the law, protect public interests, and adapt to the shifting legal terrain with resilience and professionalism. LLG as always remains focused in supporting our members through all these challenges.
Helen Bennett
Executive Director of Policy & Governance, LLG
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