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  • When is a consultation not a consultation?

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    Lessons from the judicial review proceedings of R (Binder and others) v Secretary of State for Work and Pensions [2022] EWHC 105 (Admin)

    Background

    The Department for Work and Pensions (DWP) carried out a ‘public survey’ to inform a “National Strategy for Disabled People” as part of its “ongoing consultation” with people with disabilities.

    Four disabled people lodged a judicial review, claiming that the DWP had consulted unfairly. The DWP argued its public survey was never a consultation, yet it sought the views and experiences of disabled people to inform its national strategy. DWP said it wanted to put disabled people’s voices at the heart of the strategy. The judge concluded it was an unfair consultation

    Key lessons

    1. A consultation is always a consultation, even if you call it something else (e.g., a public survey)
    2. If it is usual practice to consult or a public promise has been made to consult, then this creates a legitimate expectation to be consulted. Failure to consult in these circumstances is s considered ‘conspicuously unfair’
    3. The importance of the ‘Gunning Principles’
    4. Be careful to use the right language
    5. Open comments boxes need to allow for intelligent response

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  • Have your visited the "Voice Portal"?

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    The "Voice Portal" provides details about our corporate Research Governance and Consultation Quality Assurance process. It helps to provide answers to questions such as:

    • What is 'Research Governance and Consultation Quality Assurance'?
    • When is Research Governance and Consultation Quality Assurance needed?
    • What's the difference between consultation, engagement and research?
    • How can I get an application form for Research Governance and Consultation Quality Assurance?
    • What do I need to do for an Equalities Impact Assessment?
    • Are there any guides to help me engage with children, young people and families?


    Visit the Voice Portal today to find out more!