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Is Your Engagement Exercise Actually a Consultation? The Legal Test That Decides

The decision to consult or engage is rarely treated as a risk question. Most organisations approach it as a process question: what do we want to find out, and from whom? Recent case law suggests a different starting point is needed. Before you choose your method, understand what a court may make of it. The […]

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Court of Appeal Rules Councils Cannot Reverse Statutory Schemes Without Proper Process: Implications for Consultation Practice

On 22 January 2026, the Court of Appeal handed down a unanimous judgment in R (Hawes) v London Borough of Tower Hamlets [2026], ruling that a London borough cannot remove a transport scheme included in its Local Implementation Plan (LIP) without first completing a formal revision process. The decision has direct consequences for how public bodies across

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Consultation Management: From Keeping Records to Building Knowledge

Most organisations capture consultation and engagement data. Few treat it as something worth building. This article explores why engagement data is still managed as a by-product of activity rather than a strategic asset, what it takes to change that, and why the most compelling case for doing so is often found not in what the

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The cheapest Gunning principle to get right is the one most likely to bring you to court

Budget pressures are pushing public bodies to reduce consultation spend. But cutting costs without managing the consequences introduces serious legal and reputational risk. This article examines how organisations can run efficient, lawful consultations that still meet their obligations under the Gunning principles, the Equality Act 2010, and WCAG 2.1 web accessibility standards. Why does trying

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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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