Cash-strapped councils have reportedly decided to stop paying practising certificates fees – which could have disastrous consequences for local authorities and their legal teams, a representative body for local government lawyers has warned.
The cost-cutting measure was revealed in a ‘policy position statement’ issued by Lawyers in Local Government yesterday.
LLG said some authorities were looking to reduce spending due to ongoing financial stresses ‘and consequently are making the decision to remove funding for practising certificates’. However, the statement explains that the Legal Services Act requires solicitors to have a practising certificate to conduct reserved activities, such as certain legal work in children’s services, adult social care, licensing and property litigation.
Solicitors needing a practising certificate must pay an annual fee, which is £337 for 2023/24.
Unreserved activities, such as planning advice and regeneration, do not require a practising certificate. ‘That said, it is desirable, not least because particularly in smaller teams, individuals without practising certificates may stray into reserved activities because there is no one else to do the work. In any authority, it may not be spotted in the middle of a busy period and a lawyer may inadvertently stray into reserved activities which is a risk to them personally as well as the authority,’ the statement said.
LLG lists several implications for councils should they withdraw funding. For instance, solicitors would have to stop acting in a matter if it becomes contentious. Juniors may fail to spot when a matter becomes contentious, putting them under professional risk. Withdrawal of PC funding would erode pay and benefits packages, affecting morale, recruitment and retention.
‘LLG unreservedly supports the provision of practising certificates in both reserved and unreserved activities to ensure that lawyers and the local authorities who employ them are enabled and protected,’ the statement concludes.
