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A tale of two cases – Two High Court judgments on the pre-determination of consultation – within a week

Court cases are very seldom lost on the mechanics of a public consultation.

But increasingly, dissatisfied consultees are challenging public bodies by alleging that the consultation is a sham and that decisions have effectively already been taken. It’s called pre-determination, and the advent of two quite separate cases – one on NHS service changes and another on Library closures – is an opportunity to reflect upon the state of the law … especially as they produced quite different results.


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About the Author

Rhion Jones is considered a leading authority on Public Engagement and Consultation. A founding Director of the Consultation Institute, he is co-author of “The Art of Consultation” (2009) and “The Politics of Consultation” (2018). He has delivered over 500 training courses and Masterclasses and is a prolific writer on the subject, having written over 350 different Topic papers and over 50 full Briefing Papers for the Institute. Since 2003 over 15,000 person-days of training based on courses he invented have been delivered. Rhion is in demand as an entertaining Keynote Speaker and Special Adviser, particularly on the Law of Consultation, and its implications for Government and other Public Bodies. In 2017, he was awarded the ‘Lifetime Achievement Award’.

Read more about Rhion

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