Risk Assessment - Six issues to bear in mind when organising consultations

For a process that essentially exists to minimise the risk of mistakes by public bodies or large organisations, the practice of consultation is itself prone to many errors.

There are times when it might be better not even to contemplate consultation!

Legislation that obliges public bodies to consult where there appears to be little or no scope for a meaningful dialogue can appear useless or worse, and it is tempting to dismiss such consultations as the worst kind of tokenism.

On the other hand, Parliament’s intention almost certainly is to encourage Managers to consult early enough to have a number of options still open to them. Even then, it is possible to get it wrong.

Here are six risks we run

• Being unclear about the true scope of a consultation. In crude terms, what’s up for grabs ...and what isn’t? Consultors are frequently unnecessarily vague about those matters where they are open to persuasion. Risk = Misleading or confusing stakeholders ... or the public

• Offering insufficient reason for interested people to engage. If the issues open for dialogue are so peripheral or unimportant in the wider context, they may not bother to participate. The ‘re-arranging the deck-chairs on the Titanic’ cliché. Risk = Looking as if it’s just going through the motions

• Being economical with the truth. A consultation is only as good as the information upon which it is based, so it has to be well-balanced and accurate. More Court cases are lost because of misleading information than faulty process. Risk = Being found out, and discrediting the exercise

• Omitting to assess impacts. The recent London Councils case (See Topic 180) was about a failure to conduct an Equalities Impact Assessment, but all consultations need a fair statement of likely impacts to have an informed debate. Risk = Unforeseen consequences, and the dialogue failing to anticipate them

• Inadequate dialogues. With a vast array of methods available, it should always be possible to find convenient channels to engage with stakeholders. Budget pressures must not restrict the choice; relying completely on online methods will not always be appropriate Risk = Not reaching target audiences, and not hearing properly

• Ignoring what people tell us. Consultation does not require consultors to agree with the majority view of those who respond, but their opinions must be properly considered. Anything less, and sceptics will claim it was a done deal before it began Risk = Undermining the credibility of the exercise

Every one of these issues has its difficulties. They are rarely easy right-or-wrong judgements, and require sensitive interpretation of local or issue-specific conditions. But getting them wrong is becoming increasingly costly. Legal challenge ... or the threat of legal challenge can cause costly delays, as many developers will testify.

This is why the Infrastructure Planning Commission (IPC) has imposed a very thorough front-loaded consultation process on those who want to build major projects. The logic is that such diligence will reduce the likelihood of things going wrong later on – when the costs become astronomical.

But the High Court is not the only source of embarrassment. The media has its own agenda, and is often unpredictable. Then the court of public opinion matters too; the withdrawal of the Forestry consultation illustrates how important that can be!

Be sure that in a climate of budget reductions for local authorities, reorganisation in the NHS and radical policy changes just about everywhere else – there will be no shortage of groups and individuals eager to pounce on anything they feel has prejudiced the consultation. Deny them the ammunition; be smart at risk assessment.

Trigger points

• We hope to consider recent relevant cases at our half-day seminar on Legal Challenges to Consultation in London on April 13th.
• To have an insight into the IPC’s consultation requirements.
• To secure an independent assessment of your consultation – contact the Consultation Institute which can undertake this cost-effectively. For more information Contact Martin Roach
• The Institute’s Consultation Charter lays down best practice principles.

This is the 182nd Tuesday Topic; a full list of subjects covered is available for Institute members and is a valuable resource covering so many aspects of consultation and engagement