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Consultation under Section 114: Engaging Communities amid Financial Crisis

When a council issues a Section 114 notice, it declares that it cannot balance its budget. Recent years have seen Woking, Thurrock, Slough, Croydon and Birmingham reach this crisis point. Yet even in this emergency state, councillors and officers remain legally bound to consult fairly and meaningfully on service cuts or budget changes. The stakes […]

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Public Consultation? A Practical Test for ‘Significant Change’ in the Real World

Public Consultation Requirements Public sector leaders routinely face a deceptively simple question: does this change require formal public consultation? The answer matters enormously. Consult too little and you risk legal challenge, damaged trust and derailed projects; consult too much and you waste scarce resources on unnecessary process. This guide cuts through the complexity. It explains

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What Recent LTN Cases Tell Us About Consultation Risk: From Process to Product

A Shift in Where Risk Lives Three cases in particular mark out the current territory: West Dulwich Service Station v Lambeth (2025), Hawes v Tower Hamlets (2024), and the Court of Appeal’s judgment in Sheakh v Lambeth (2022). Together with HHRC Ltd v Hackney(2021), they reveal a decisive shift in where legal risk now sits. The standard for consultation design has not

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Abolishing Police & Crime Commissioners Deepens the Democratic Deficit: Structures to Bridge the Gap

Scrapping Police and Crime Commissioners (PCCs) may look like an efficiency gain – but it risks widening the gap between police and the public. The government’s own figures note turnout and awareness have been “incredibly low” for PCCs, with around 2-in-5 people not even knowing who their PCC is. These challenges, however, don’t stem from

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Gunning – When 500 Identical Emails Land: The Campaign Response Problem That Triggers Judicial Review

The challenge: 500 identical campaign emails arrive overnight. Most teams either delete them (triggering a Gunning Principle 4 breach) or count each as independent evidence (distorting the analysis). Both approaches create grounds for judicial review. The cost: Wasted consultation effort. Loss of public trust. Legal challenge that exposes your process as arbitrary. What works: Count every submission. Aggregate

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Building Your ‘Case for Change’: Why Consultation Is Your Strategic Foundation

The Challenge: Making Change That Sticks You need to transform services. The financial pressures are real, the quality imperatives are clear, and doing nothing isn’t an option. But here’s the problem: a technically sound Case for Change can still fail spectacularly if it hasn’t earned legitimacy with the people it affects. NHS England’s 2025 reforms,

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Code framing for Consultations: From Messy Text to Decisions you can Stand Behind

Challenges Consultation analysis gets challenged when you can’t prove you listened fairly. The common failure mode: hundreds of comments reduced to a sentiment percentage (“72% support”) with no clarity on why people objected, what would mitigate the impacts, or how protected groups are affected. Decision-makers can’t act on that. Legal teams flag predetermination risk. And

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Three PSED Cases That Changed Compliance and Why “We Didn’t Have the Data” No Longer Works (Part 1 – Case Law)

The Public Sector Equality Duty isn’t optional process theatre. It’s the first place campaign groups and lawyers look when challenging decisions that disadvantage protected groups. In the last 18 months, three cases have fundamentally reshaped what defensible compliance looks like and widened the gap between organisations that treat PSED as a checklist versus those who

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Clear and Accessible: Meeting Gunning Principle 2 in Public Consultations

Public bodies have a legal duty to consult fairly. Gunning Principle 2 requires providing consultees with “enough information to enable them to give intelligent consideration to the issue at hand.” In practice, this means consultation materials must be clear, accessible, and comprehensive—not dense jargon, but information the public can understand and use. This article explores

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Converting Lived Experience into Lawful Evidence

Public consultations surface rich lived experience: stories, frustrations, workarounds, and everyday wisdom from people affected by change. For consultation managers and engagement officers, the challenge isn’t collecting these narratives—it’s converting them into evidence that is both decision-useful and legally defensible. 1. Start with Fair Collection The Gunning Principles set the legal baseline. Proposals must be

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