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Introduction to Law of Consultation

CPD Credits: 25 | 3 hours

Public bodies have never been more vulnerable to legal challenge. This comprehensive, regularly updated course covers all aspects of the Law of Consultation and draws upon 160 plus judicial reviews as Judges have increasingly intervened on behalf of consultees. Participants have the use of specially prepared case notes to highlight key messages from the cases discussed in the course and the subject-matter is entertainingly delivered by focusing on relevant issues and challenges faced by consultation professionals in all sectors. The Course will also cover recent developments and changes in NHS legislation and guidance following the recent restructuring, highlighting key changes and points with which attendees should be familiar.

This course is for anyone who has to organise a public consultation that might prove controversial. This includes NHS staff and managers, civil servants, local government officers or staff from any public body that must consult. Although aimed primarily at a lay audience, it is also suitable for legal teams, senior operational directors, policymakers and even political decision-makers.

Course Aim

  • To equip participants with enough knowledge to avoid the most obvious pitfalls
  • To illustrate legal principles through real case-law and relevant examples of legal challenges
  • To strengthen participants’ knowledge of best practice as developed in recent Court decisions
  • To help participants identify when to seek formal legal advice
  • Provide an update on recent changes to legislation and guidance


Key learning points

  • Statutory requirements to consult
  • The doctrine of legitimate expectations
  • The legal enforceability of Guidelines
  • The Four Gunning Principles – and the need for a fifth
  • Cases on the lawfulness of single options
  • Legal challenges and the process of judicial review
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