One of the Institute’s most active members recently commissioned us to prepare an Update for those of its staff who attended the Law of Consultation training course in 2013. Elizabeth Gammell and Rhion Jones will deliver a two-hour update on Friday, and they have just spent some time taking stock.

In all, they have reviewed 26 relevant JRs since January 2014. They include the most important case yet – the Supreme Court judgment on Moseley v Haringey, with its very significant intervention on organisations tempted to conduct a single-option consultation. Since then we have had three or four other cases – all involving local authorities as Judges wrestle with the best way to apply the Supreme Court’s decision. It has made this aspect of the law extremely unpredictable.

The other main development has been a further strengthening of the doctrine of legitimate expectation – extending beyond the decision to consult, but now covering to the method of consultation and the degree of information that needs to be provided.
We also have new judgments on who to consult, and an important case on pre-determination (Gunning One).

Our next job is to devise a new training course for in-house delivery – one that covers the legal principles but with less of a focus on specific points of law, and more on the practicalities of staying within the rules and avoiding legal challenges.

Anyone interested – please contact Remmert Keijzer or Jan Warner on +44 (0)1767 318350.