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R (Moseley) v London Borough of Haringey [2014] UKSC 56

The Supreme Court's authoritative restatement of what fairness requires of a public consultation. Moseley confirmed the four Gunning Principles as the benchmark for lawfulness and held that, where fairness demands it, consultees must be told about realistic alternatives to the preferred proposal.

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The holding, in one line

A consultation may be unlawful if it presents only the preferred option and withholds the realistic alternatives a consultee would need to respond intelligently.

The legal test

The four Gunning Principles

First articulated in R v Brent LBC, ex p Gunning (1985) and endorsed by the Court of Appeal in Coughlan, the four principles were affirmed by the Supreme Court in Moseley as the standard against which the fairness of any consultation is judged.

1

Consultation at a formative stage

The proposal must still be genuinely open to influence, consultation cannot be a rubber-stamp on a settled decision.

2

Sufficient reasons for intelligent response

Enough information, and, where fairness requires, the realistic alternatives, must be given for consultees to consider the proposal properly.

3

Adequate time to respond

The consultation period must give people a genuine opportunity to consider the issues and formulate a response.

4

Conscientious consideration of responses

The product of the consultation must be conscientiously taken into account when the decision is finalised.

What the court decided

The facts and the finding

Haringey consulted on a new council tax reduction scheme after central government cut the funding that had supported council tax benefit. Its consultation put forward a single approach, passing the shortfall on to claimants, without explaining that the deficit could instead be met from other budgets or reserves.

The Supreme Court held the consultation unlawful. Because residents were not told that alternatives existed, they could not give the proposal the intelligent consideration the second Gunning principle requires. Fairness, the Court found, will sometimes require a consulting body to disclose realistic alternatives, even ones it has already rejected, so that responses are meaningful.

“Sometimes fairness will require that interested persons be consulted not only upon the preferred option but also upon arguable yet discarded alternative options.”

Lord Wilson · Moseley, [2014] UKSC 56
Practice implications

What this means when you design a consultation

Show the alternatives

Where a realistic alternative exists, explain it, and why it was not preferred. Presenting a single option invites challenge.

Consult before you decide

Evidence the formative stage: document that the decision was genuinely open when you consulted.

Give reasons people can engage with

Plain, sufficient background lets consultees respond to substance, not headlines.

Record how responses shaped the decision

The fourth principle is evidenced in your decision report, show conscientious consideration.

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Source
tCI
Curated and assessed by the tCI editorial panel
Assessed

This entry passed the tCI 16-field editorial standard and is tagged across seven dimensions. Reviewed by the tCI editorial panel, January 2025. Case law entries are re-checked against the weekly Case Law feed each Monday.

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