I am a Local Authority employee. What rights of audience are open to me?

If you hold authorisation from your regulator regarding rights of audience, then you will be able to exercise the right of audience relevant to your practice rights.

If you are a Chartered Legal Executive, without additional practice rights, then whilst you are not authorised, you may be able to exercise some rights of audience via exemptions in the Legal Services Act 2007. Schedule 3, paragraph 1(3) means that a person can be exempt if they are not authorised, but has a right of audience before that court in relation to those proceedings granted by or under any enactment.

S222 of the Local Government Act 1972 allows a Local Authority to delegate powers to: “…prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them in their own name, and they may, in their own name, make representations in the interests of the inhabitants at any public inquiry held by or on behalf of any Minister or public body under any enactment.”

S223 of the 1972 Act allows a Local Authority to authorise any member of its staff to prosecute or defend designated matters in magistrates’ court.

S60 of the County Courts Act 1984 (as amended by the Crime and Courts Act 2013) states that where an action is brought in the County Court by a Local Authority for either the recovery of possession of a house belonging to the authority or the recovery of any rent, mesne profits, damages or other sum claimed by the authority in respect of the occupation by any person of such a house, then except where the rules of court provide otherwise, any officer of the authority by the authority for the purpose may address the court.

In relation to these, provided the Local Authority that you are working for has officer delegation functions specifically set out in its constitution, then the Local Authority will be able to appoint who they see fit to represent them in the above matters in court, and that would be the authority under which you will be able to exercise a right of audience.

If you are required to exercise a right of audience in the Court of Protection as a result of your work in the local authority, there is no right of audience that is granted to you by the Local Government Act. You may wish to consider the accreditation offered by the Law Society’s Mental Capacity (Welfare) Accreditation Scheme which is the recognised quality standard for practitioners who offer advice on health and welfare matters under the Mental Capacity Act.  The accreditation has been approved by the Court of Protection  in which case in which case more information is available here. You may be able to ask for permission to exercise a right of audience under Schedule 3 1 (1) (2) (b) of the 2007 Act, but that will be at the discretion of the Judge.

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