What Constitutes Proper Consultation
In proper consultation, the decision-makers recognise that they are fallible, and so explain what they have done and what they are planning to do in enough detail for people to check that there are no errors.
There are legal requirements for proper consultation from the Court of Appeal  . The nature of consultation was defined by Lord Woolf MR in R v North and East Devon HA ex p Coughlan  EWCA Civ 1871, where four essential features were set out:
108. It is common ground that, whether or not consultation of interested parties and the public is a legal requirement, if it is embarked upon it must be carried out properly. To be proper,
The UK Government has also issued guidance on consultation that Government departments and other public bodies should follow .
Engagement should begin early in policy development when the policy is still under consideration and views can genuinely be taken into account.and
Every effort should be made to make available the evidence base at an early stage to enable contestability and challenge.
Clive Sheldon QC has provided a detailed account of the law .
|Last updated: 04 Sep 2016|