Litigation and Licensing
Litigation and Licensing forms part of the Council's in-house legal service.
Our main functions include -
• The provision of legal advice to the Council, it's committees and officers. Our solicitors provide advice on a variety
of issues including housing, social work, education, data protection, employment and human rights. This can range from homelessness
and tenancy issues to children in care and mental health issues. We also provide advice to the Moray Adoption and Fostering
Panel, where the panel considers whether or not adoption is the best course of action for children in the care of the Council
and considers approval of foster carers and prospective adoptive parents
• The provision of a comprehensive litigation service to the Council. Our solicitors provide specialist legal advice
to the Council in Court-related matters, and represent the Council in court on a regular basis. Litigation includes taking
action for recovery of rent arrears and other debts owed to the Council, anti-social behaviour orders, eviction orders for
council tenants, guardianship orders for incapable adults, child protection orders, freeing for adoption orders, parental
responsibilities orders and for the detention of persons with a mental illness in hospital. Court actions often also arise
out of contractual disputes, planning and environmental health. While most of the Court actions involving the Council are
heard in Elgin Sheriff Court, some matters require to be heard in the Court of Session in Edinburgh. When this is the case
the Council engages Edinburgh agents to act as a local contact. The Council's lawyers provide legal advice to manager throughout
all Council services, including specialist advice to Personnel Services. We advise in relation to employment contracts, disciplinary
matters and grievances, and employment law generally. We also provide representation for managers at internal hearings and
representation for the Council at employment tribunals
• Clerking the Exclusions and Admissions Appeals Committee
• The management and administration of the Licensing Board
• The management and administration of Licensing under the Civic Government (Scotland) Act 1982
Contact: Principal Solicitor (Litigation & Licensing)