The UK government has significantly altered its legal guidance for ministers and civil servants, moving away from a 'risk-averse' approach that critics argued hindered effective governance. New Attorney General Ellie Reeves has rescinded changes implemented by her predecessor, Lord Hermer, which had been in place since September 2026.
Under Lord Hermer's guidance, government lawyers were instructed to emphasize adherence to international law, with a clause encouraging civil servants to report potential legal challenges to ministerial actions. Critics contended that this approach gave Hermer an 'effective veto' over government policy and that the guidance excessively prioritized international law.
Reeves, a former barrister, has now issued new advice stating that departments should proceed with plans even if they anticipate legal challenges. The updated guidance encourages ministers and civil servants to feel "empowered to accept higher levels of risk," particularly given the government's substantial majority. The advice emphasizes that where a "tenable legal argument" exists, decisions can constitutionally be made by the minister.
"This is about getting things done," Reeves stated in comments to The Times. "It may have a higher legal risk, and we're not changing how risk is classified. Where there's a tenable legal argument it's important that government lawyers make it clear that it is a decision they can lawfully take even though there might be a higher level of legal risk."
She added that she wants government lawyers to "think creatively what mitigations can be put in place" and to empower ministers to make decisions. The previous guidance, according to reports, had added 23 references to international law and instructed legal staff to assume that every government decision could face a challenge, a departure from earlier advice that suggested challenges were unlikely.
Critics had previously accused Lord Hermer of 'blocking' the government's ability to act, citing instances such as the UK's response to Iran's strikes on Israel and the handling of the Chagos Islands dispute. Hermer himself had defended his changes in January 2025, asserting that his aim was to underscore the importance of the rule of law and to prevent the dilution of legal standards. He had also previously apologized for comparing calls to withdraw from the European Convention on Human Rights to the early days of Nazi Germany.