A first reading of last Friday’s decision to reject a legal challenge to planned Special Educational Needs and Disabilities (SEND) changes in Surrey raises many questions and will add to the frustration of councils faced with contradictory pronouncements from the High Court. It is not unknown for Judges to disagree with each other, but it […]
Surrey survives judicial review but deepens confusion on SEND cuts Read More »
Some thoughts on the validity of questions raised by the Judicial Review outcome of Claire Stephenson v Secretary of State for Housing and Communities and Local Government. On 8 March 2019, tCI produced a Briefing Note commentary on the judgment handed down by Mr Justice Dove on 6th March 2019 with respect to the above
Talk Fracking and question validity Read More »
On Tuesday, the Department of International Trade announced what it called the ‘Temporary tariff regime for a no deal Brexit ’. It was a major news story and was carried on all the media channels. The CBI’s Carolyn Fairbairn was soon on the radio, commenting – “What we are hearing is the biggest change in terms
The tale of tariffs; too sensitive to consult? Or just too inconvenient? Read More »
Consultation can be vulnerable to a confusion of motives. It happens when consultors represent a range of different interests, or when different organisations – or even departments within organisations – look to a consultation for something different. Last week, we had a marvellous illustration of this. A campaign group called Talk Fracking won its case in
What exactly are you asking me … and why? Read More »
The law surrounding statutory consultation is extensive, and case law is increasingly helping to raise standards in consultation – as was highlighted this week in the case of Claire Stephenson v Secretary of State for Housing and Communities and Local Government which has been explained in detail by the Institute. And yet when developers consult
Professionalising Consultation in Planning Read More »
As the Institute prepares to hold its popular Law of Consultation training course in York in 27th March, it is a good moment to review some of the high-profile cases that have emerged from the North of England. The latest is in many ways the most significant. Opponents of fracking in Lancashire and elsewhere in the
Legal challenges to public consultations in the North of England Read More »
For those of you that have been involved in running a public consultation you may be aware that it is not very fault-tolerant. Even with the best planned exercise and excellent execution, things can still go wrong. Providing solutions for the growing needs of a modern population combined with tighter budgets for spending, means tough
Is consultation a ‘self-correcting’ process? Read More »
Imagine taking part in a consultation on a policy document and answering a question “Do you have any comments on the changes of policy … or in any other aspects of the text …?” Would you feel cheated if you then discovered that the consultor had, from the outset decided to ignore what anyone said
Flawed fracking consultation ruled unlawful because its scope was confused Read More »
Just before Christmas, DEFRA published its long-awaited mega-strategy for the sustainable use of resources and the management of waste. It was obviously the season of goodwill for it attracted almost universal acclaim for finally addressing long-standing ‘wicked issues’ that previous Governments had chosen to avoid. No wonder Michael Gove was purring with self-satisfaction. Such criticism
Why DEFRA’s waste consultations matter; we are ALL stakeholders now! Read More »
It is probably too early to tell if Government whips will try to remove Tory defector, Sarah Wollaston from being chair of the Health and Social Care Select Committee. She is also chair of the powerful Liaison Committee. Becoming one of the Independent MPs will not necessarily lower her profile, but may of course diminish
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