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What Makes Public Consultation Legally Defensible? A Guide for High Conflict Projects

Public consultation in high conflict projects fails for predictable, preventable reasons. This article sets out the five interventions that consistently improve outcomes and defensibility across regulated infrastructure, NHS service change, and contested local decisions, drawing on UK case law and independent review practice. What makes a public consultation “high conflict” in legal terms? A high

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The Appraisal Trap – Green Book Appraisal, Gunning Compliance and the Governance Conflicts That Create Judicial Review Exposure

Public bodies running major consultations routinely use HM Treasury’s Green Book to appraise options, and routinely face legal challenge under the Gunning principles, the court-established legal test for lawful public consultation in the UK. The two frameworks share a common goal but impose conflicting demands on timing, disclosure and decision-making. This article examines those conflicts

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Engagement vs Consultation: Knowing the Difference in 2026

Engagement and consultation are not the same thing. Most practitioners know this in principle. Fewer have felt the legal consequences of getting the boundary wrong. In 2026, that boundary is better defined, more litigated, and more consequential than it was when Damian Greenfield examined the communication and engagement distinction in these pages in 2022 –

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Co-production in Public Consultation: How to Share Power Without Losing Accountability

Public bodies have long struggled with a fundamental tension: how to meaningfully involve the people they serve in shaping decisions, without ceding the accountability that democratic governance demands. Co-production offers a compelling answer, but only when it is done honestly, with clear rules and real power on the table. What Co-production Actually Means Co-production is

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Focus Groups | Digital vs In-Person: A Post-COVID Governance Question

The pandemic forced focus groups online. That shift has stuck. Many organisations now default to digital platforms because they are faster to arrange and cheaper to run. But format is not neutral. It shapes participation, discussion depth and evidence quality. For those accountable under scrutiny, that matters. Digital Sessions Change Behaviour Online platforms alter how

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Can AI Transform Public Consultation Without Losing Trust?

Public consultation is entering a new era of digital innovation. Autonomous AI agents promise to analyse thousands of consultation responses and manage stakeholder communications. But can they deliver, and under what conditions? This article examines the need for integration, quality inputs, strong governance, and above all, human judgement in AI-assisted public decision-making. Automation Is Not

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How to know you have done enough to meet public sector duties in a consultation

Public bodies often ask the wrong question. They ask whether they consulted enough. The law asks whether they used good judgement at the right time, and can prove it. Courts do not count activities. They look at decisions. The legal tests you are judged against Three areas of law matter in most consultations: None of

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tCI Coffee Mornings – Frequently Asked Questions

Starting 5th February, join us every Thursday from 11am to 12pm for informal, expert led discussions on consultation and engagement topics. These free virtual sessions [MS Teams] bring together professionals from across the sector to learn, share, and connect with our faculty and guest speakers. Whether you’re new to consultation or a seasoned practitioner, our

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The Dangers of Pre-Determined Consultation: Lessons from the UK Teen Tech Debate

The UK government’s January 2026 consultation on children’s smartphone and social media use presents a textbook case of the risks inherent in narrowing consultation scope before hearing from stakeholders. Rather than an open call for evidence, ministers have presented a predetermined menu: should social media be banned under 16? Should overnight curfews be imposed? Should

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