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Article 2 October 2012 · 4 min read · Rhion Jones

The devil in the detail - The case for consultation is strongest when there is much detail still to consider

From the archive

Originally published 2 October 2012. This article is retained from the tCI archive. Law, policy or practice may have changed since publication.

The Party political conference season is a great moment to reflect on the difference between headline-grabbing policy announcements and the more mundane detail that makes them happen. Our politicians know they need to sketch out the direction of their thinking, but recognise that going beyond generalities offers many a hostage to fortune.

Election manifestos elaborate on policy promises of course and, in our recent experience, the Coalition agreement is commendably precise – especially for something cobbled together in four days flat. But, as any senior civil servant will confirm, statements of clear principle and policy become more difficult once the details come to be agreed.

Think of major initiatives like the Child Support Agency – something that commanded widespread bi-partisan support, but which ran into a firestorm of criticism when the detail proved troublesome. A more recent example is Neighbourhood Planning. Sounds great in principle - just get local communities to agree sensible plans for their area, get them agreed in a Referendum and then implement as necessary; what could be simpler? Trouble is, our complicated world has to accommodate a vast array of different interests and processes, and change can affect some delicate checks and balances. Enter the stakeholders!

It’s all their fault really! Life might be simpler were it not for the fact that those who have a ‘stake’ in something usually know a fair bit about the subject. Ideally, they have been involved in policy development, but change-makers in a hurry sometimes do not want delays. Even when there is desire to involve them, it is not always practicable. So that’s why we have consultations.

Of course, there are matters of principle which go to consultation, but they are fewer than one might suppose. More frequently, what is genuinely open to influence are the details. Indeed one might argue that it is somewhat optimistic of policy opponents to expect consultors to change their minds on the principle of their plans as a result of dialogue. (DEFRA’s 2011 Forestry consultation is the most recent example). It is on the detail of policies that arguments can be won.

Recognising this has important implications for all those engaged in consultation processes:-

  • Consultors should focus less on asking general Do you agree with us that ... questions that are just designed to gather impressive % numbers for use in PR releases! Instead they should concentrate on sound narratives for those matters of detail that need to be thought-through • Consultees should concentrate on areas where their detailed knowledge can be most influential, and where specialist experience or know-how can make a difference; maybe forget about fighting battles that have already been lost! • The Media might report consultations less as gladiatorial battles between large bureaucracies damaging cherished public services, and more as serious people trying to find better ways of doing things.

Consultations are often criticised as a ‘sham’ but probably very few organisations approach them dishonestly. Experienced Managers know that it is an important fail-safe mechanism that may prevent them from making mistakes. That is why – despite the Cabinet Office’s new set of Principles with their apparent blessing for very short (two weeks) consultation exercises - we will see very few policymakers take a chance on the listening part of their jobs. Note that the high-profile Education consultation on the successor to the GCSE is planned for 12 weeks. Education chiefs in Whitehall understand absolutely that in this – and other policies, the devil that’s in the detail can prove fatal.

This is not just a characteristic of large-scale national consultations. It applies almost like a universal rule in the field of public engagement. From Parish Council upwards, decisions that require consultation end up being most useful in the detail of what’s proposed. And, if we think about it, the best private Companies in the world have made it their business to be good at the detail. Some of them claim that is how they make profits. They would all claim that in the detail lies the value! Public services have a less enviable reputation in this respect, but excellent public and stakeholder consultation is one of the best ways of catching up.

Trigger Points

  • How focused are your consultations on the details that require specialist stakeholder input?
  • The new Department of Education consultation is available here
  • The Cabinet Office Consultation Principles can be found here
  • Neighbourhood planning features in the Institute’s Localism in Practice masterclass.
  • On 9th October, we are holding our free Local Government Special Interest Group at the Institute’s Centre of Excellence in Bedfordshire.

This is the 221st Tuesday Topic; a full list of subjects covered is available for Institute members and is a valuable resource covering so many aspects of consultation and engagement

Written by
Rhion Jones
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