On 8 September 2026, Attorney General Ellie Reeves KC MP published updated legal risk guidance for government lawyers advising Ministers on whether policy and operational decisions are lawful. The Attorney General's Office said the guidance, developed with senior government lawyers, was then in operation across all departments and replaced guidance issued in 2024.

The guidance states that a decision or policy is unlawful only where no tenable legal argument supports it. Where a tenable argument exists, even with a high risk of a successful challenge, it says a Minister may properly proceed if given a clear and full assessment of the risk. It asks lawyers to identify ways of reducing legal risk, including advising on wider policy or legislative reform where a law is a significant barrier, and says assessments should be revisited as facts, evidence and case law develop. It applies equally to international law.

An escalation framework requires consultation with the Law Officers in specified circumstances, including concerns about legality or constitutional propriety, disagreement between departments, or significant and sensitive policy implications. Reeves said the guidance was part of building a more agile state, with legal advice helping Ministers find lawful ways to get things done.