A preliminary analysis of R (ex parte Hinsull) v NHS Dorset CCG Campaigners who challenged the NHS plan to centralise and specialise the adjacent hospitals in Bournemouth and Poole lost their case this week. Sir Stephen Silber, sitting as a High Court Judge dismissed all the grounds for complaint and, in respect of the disputed […]
Lawyers will probably spend much time and treasure crawling all over the High Court judgment a month ago in the case affecting cuts in Special Educational needs (SEN) provision by Bristol City Council. But for hundreds of Councils in England, there is no time to absorb legal technicalities; they need to know very quickly what
Bristol judgment clarifies Councils’ Budget consultation duties. Or does it? Read More »
The short answer is that no-one has worried… until now. There is little or no significant literature on the theory of consultation, let alone how it works in practice. References to Sherry Arnstein’s work in the US half a century ago focused on her labelling it “tokenistic”, and there is no shortage of critics who
Public consultation is everywhere: so, should we worry about the politics? Read More »
Introducing the Leggatt/Carr considerations For years, consultors have known that in their documentation, they must publish enough information so that consultees know enough to give the proposals ‘intelligent consideration’. It has always been a fine judgement. Say too much and you get pilloried for too much information. Say too little and you risk losing a
What must consultation papers disclose..? Read More »
This morning, the latest piece of advice from the Independent Reconfiguration Panel was published regarding the South Tyneside and Sunderland referral. We will take the time to digest the information from the IRP Report. You can expect a summary of our interpretation, and learning points from the Institute shortly. In the meantime, you can find
The latest from the Independent Reconfiguration Panel Read More »
Five factors to help you organise the first hearings You don’t have to read The Politics of Consultation to appreciate the need to offset the big push towards digital consultation with more visible face-to-face dialogues. Institute Briefing 35 on The Case for Public Consultation Hearings provides the rationale for this new development, and points to the many advantages
Picking the right subjects for Public Consultation Hearings Read More »
Lack of evidence-base meant a decision was irrational. We have been looking again at a little noticed High Court judgment from late June (R (ex parte Law Centres Federation) v The Lord Chancellor) where the Ministry of Justice was successfully challenged on decisions to reduce the number of contractors participating in the Housing Possession Court
Irrational decision making – Don’t disregard consultee views Read More »
Consultation is part of a long chain of communications. What happens when important links in the chain are broken? Twelve years ago, the term “broken links” was new – part of the new vocabulary that arrived with the advent of the internet. By now we all relate to it as that infuriating moment when you
‘Broken Links’ in the communication chain Read More »
Consultations in the SouthEast arouse passion…….is there a simple answer? We are probably all aware that councils are legally obliged by law to prepare a regular Local Plan to address housing needs and planning in their area. MOST councils do this reasonably well, and are under way for the current round. However, as we speak
Local Plans get personal for TCI! Read More »
Lessons from the Northants County Libraries judicial review. Rumour has it that there are several councils in danger of following Northamptonshire towards a similar financial plight. If so, they need to pay attention for the High Court has ruled against Northants’ decision to make cuts in its Libraries provision. A cash crisis evidently does not
Councils in crisis – consult more, not less Read More »
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