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Law of Consultation: Practical Implications (in-house)

CPD/APC Credits: 30

This Workshop consists of very tried-and-tested material and tCI has had a lot of experience in delivering it to a wide variety of public sector clients.

The morning is spent on understanding the law of consultation and includes a group exercise that gives participants an opportunity to explore their own ideas. We then explain the processes of the law and how judicial reviews come about. We then illustrate the legal principles with real live cases and with opportunities to discuss whether Court judgments were fair. The afternoon enables us to focus on the practical implications.


  • Introduction and Group exercise
  • Legal processes & their consequences
  • Anatomy of a public consultation
  • Statutory requirements (inc Equality Act/Equality Analyses etc)
  • Common law principles, illustrated from recent case law, and including Group and General discussions


Based on morning discussions, we will explore practical implications including some or all of the following:-

  • The difference between engagement and consultation
  • When do the Gunning Principles apply
  • Best practice methods for lawful options development
  • Avoiding bias
  • The use and observance of formal guidance
  • How much information has to be published?
  • Suitability and legality of online consultation methods
  • Equality analyses re best practice consultations
  • Transparency requirements
  • Ensuring the eventual decision making is lawful
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