We published an earlier version of this article in 2019 under the title “Will purdah affect your consultation?” The underlying legal position has not changed. The terminology has. With local elections in May 2026 approaching, this is a good moment to update both. What has changed, and why does the name matter? The word “purdah” […]
Pre-Election Period: Can You Still Run a Public Consultation? Read More »
A Section 114 notice is a statutory declaration that a council cannot balance its budget under the Local Government Finance Act 1988. It triggers an immediate prohibition on new expenditure beyond statutory services, requires the full council to meet within 21 days to consider the officer’s report, and typically brings government commissioners into the picture. What it
Section 114 Notices and Consultation: What the Law Requires Read More »
A Statement of Community Involvement (SCI) is a document submitted alongside a planning application that records what engagement took place before submission, who was consulted, what they said, and how their input shaped the final proposals. The term has a dual use in planning. Local planning authorities (LPAs) are required to publish their own SCI
What makes a Statement of Community Involvement defensible Read More »
Public bodies are generally aware that they can be challenged for running a bad consultation. Fewer are aware that they can be challenged for failing to consult at all, on the basis of something they said. That is the doctrine of legitimate expectation. It is not obscure. It has shaped significant judicial review decisions over
Legitimate Expectation in Public Consultation: The Legal Risk Hidden in Your Own Words Read More »
The Administrative Court has granted permission for a judicial review of the Welsh Government’s decision to ban greyhound racing, on the ground of unlawful consultation. The case raises a direct question for anyone involved in policy: what does lawful public consultation actually require? tCI examines the process and the lessons it holds for decision-makers. Why
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
Is Your Engagement Exercise Actually a Consultation? The Legal Test That Decides Read More »
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
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
Consultation Management: From Keeping Records to Building Knowledge Read More »
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
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
What Makes Public Consultation Legally Defensible? A Guide for High Conflict Projects Read More »
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