Consultation: requirement and process


Published by a ÑÇÖÞÉ«ÇéÍø Public Law expert
Practice notes

Consultation: requirement and process


Published by a ÑÇÖÞÉ«ÇéÍø Public Law expert

Practice notes
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Any Consultation exercise carried out by a Public authority in relation to a proposed decision must be conducted at a time when proposals are at a sufficiently formative stage, with adequate information, and time to allow a proper and informed response, leading to an open-minded consideration of responses.

The legal requirements of consultation, first laid down in R v Brent London Borough Council ex parte Gunning, were approved by the Supreme Court in the context of a statutory requirement on a local Authority to consult in Moseley.

How and when does the duty to consult arise?

There is no general duty for public authorities to consult those affected by their decisions; but a duty to consult may be imposed by statute, or may arise in public law either because of the duty to act fairly, or as a result of a legitimate expectation. The mere use of the word consultation cannot create a duty to consult, as whether an engagement attracts legal obligations is a question of substance, not form (R (Eveleigh) v Secretary of

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Jurisdiction(s):
United Kingdom
Key definition:
Consultation definition
What does Consultation mean?

Legal requirement to consult members where there are material changes in the terms of a pension plan.

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