Five factors to help you organise the first hearings

You don’t have to read The Politics of Consultation to appreciate the need to offset the big push towards digital consultation with more visible face-to-face dialogues. Institute Briefing 35 on The Case for Public Consultation Hearings provides the rationale for this new development, and points to the many advantages at a time when too many consultees claim that decision-makers are not listening.

We know of many organisations looking seriously at this idea, and the Institute expects to provide the independent element that is so important to make these Hearings credible. In our discussions with them, a frequently asked question is What consultation scenarios are best suited to Public Hearings? Especially if they are a new innovation and people need to learn how to organise them…

Here is our best view at the moment.

1. Seek a subject where there is no ambiguity about the decision-makers. Hearings won’t work if those giving evidence feel they are presenting their views to those who merely advise or influence. They want to be heard by those (or a selection of) who actually decide. It should be straightforward in local authorities – but in other public bodies like the NHS, take care to ensure that the status of those who will form the Panel include actual decision-makers.
2. Select issues where there are a range of relevant stakeholders. They will work best where a number of voices and viewpoints need to be heard. Having a succession of consultees making the same argument adds little value, but where, for example controversial proposals are expected to affect different groups or individuals in different ways, this is a great method to ensure that all those different perspectives are understood. Hearings can provide evidence that consultors meet ‘Gunning Four’ requirements for conscientious consideration and the discharge of the S.149 Equality Act ‘due regard’ obligation
3. Avoid subjects that are too complicated for a two-day hearing. The day may dawn where major issues affecting millions of people may justify 10-day Consultation Hearings, but at the start, small may be beautiful. Seek out issues that are understandable and where 15-20 consultees in two three-hour sessions over two days would adequately cover the subject-matter. Ideally a local controversy with high levels of local media and general public interest might attract publicity and help stimulate elected members and civic leaders to participate. Exposure is a powerful motive.
4. Look for cost-saving initiatives and programmes. Much of the public may dislike austerity, but evidence suggests that it supports efforts to reduce the costs of some services. Where the public gets upset is at the thought that decisions are taken without heeding the views of people who know and understand the subject. Hearings will be particularly successful if they can offer those who might be impacted by financial decisions a chance to put their case and for decision-makers to have the opportunity to probe and question the effectiveness of public money as spent by business, community and voluntary bodies. As Councils enter the new budget-making phase and take account of recent far-reaching High Court judgments such as from Northamptonshire (Libraries) and Bristol (Special educational needs), hearings provide a perfect way to demonstrate that decisions will be informed by consultee
5. Work with genuinely consultation-minded decision-makers. Do not impose Hearings on decision-makers whose minds are close to being made up! Choose subjects where there is a clear desire to hear from affected communities of interest and where decision-makers are sincere in wanting to hear what stakeholders have to say. This might mean holding Hearings before a consultation is launched – at the options development stage. All perfectly logical, and a wonderful way to ensure that adequate pre-consultation involvement is seen to be done.

If your organisation is attracted to the political and operational benefits of Public Consultation Hearings, now is the time to plan for events that can be held this autumn. Significant credit will be given to the most innovative as Government Ministers are desperate to demonstrate that they listen, and Councils are also facing a sceptical public who want to ensure that arguments they submit online or in writing are actually seen and considered.

The Institute is keen to work with those who go down this path. For a further discussion, contact Rebecca Wright on 01767 318350 or email rebeccaw@consultationinstitute.org.