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Not quite force majeure – When events appear to compromise a consultation

Three quite separate and seemingly unrelated situations arose in one day last week.

  • The Government’s decision to provide transitional help for Councils who are currently in consultation on new Council tax benefit schemes. The extra £100m just announced may indeed be welcome (it’s equal to about 25% of the 10% cut in the available money) but throws a question-mark over the consultation. If legally challenged, can Councils claim that their options would have been the same, and consultee responses unchanged had the new, different figures been available? In short, does it invalidate the exercise? Horror of horrors – might they have to do it again?

 

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