A Welsh Government advisory group published its progress report on democratic renewal in Wales this month. Buried in the detail is a pointed observation about public consultation: that it is “rarely sufficient and hugely overused.” We think that deserves a closer look. What did the Welsh Government’s advisory group actually say? The Innovating Democracy Advisory Group (IDAG), […]
Is public consultation enough? What Wales found Read More »
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
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 »
Public bodies running major consultations routinely use HM Treasury’s Green Book to appraise options, and routinely face legal challenge under the Gunning principles, the court-established legal test for lawful public consultation in the UK. The two frameworks share a common goal but impose conflicting demands on timing, disclosure and decision-making. This article examines those conflicts
Engagement and consultation are not the same thing. Most practitioners know this in principle. Fewer have felt the legal consequences of getting the boundary wrong. In 2026, that boundary is better defined, more litigated, and more consequential than it was when Damian Greenfield examined the communication and engagement distinction in these pages in 2022 –
Engagement vs Consultation: Knowing the Difference in 2026 Read More »
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