Originally published 10 May 2016. This article is retained from the tCI archive. Law, policy or practice may have changed since publication.
This was the question in an important Judicial Review last week concerning a London Borough.
No doubt all the options were viable when the consultation began.
But was it lawful for the Council to withdraw some of them when they realised that they were no longer affordable?
Was this a breach of the Gunning Principle that you should always give ‘conscientious consideration’ to what consulates say?
Or do consultors always have the right to change the proposals if circumstances change?
Rhion Jones says that “This Judicial Review could have arisen anywhere in the country – as Councils and other public bodies wrestle with ever-changing budgets and as the underlying assumptions of various options change unexpectedly. We need to see how the Courts react to these dilemmas – and how they balance the need to be pragmatic with safeguarding the public’s right to be consulted fairly.”
This new case, - Bokrosova v London Borough Lambeth will feature in this week’s training course on the Law of Consultation in London
If you wish to understand what happened in this – and many other cases, we still have some places left.
Contact Martin Roach at the Institute office on 01767 318350
Or email hello@consultationinstitute.org