FAQs

Consultation is a form of public engagement involving a two–way dialogue, undertaken with the express purpose of influencing a decision about a service change, strategy or policy.  It includes co-design and co-production.  

The whole process is governed by precise legal principles and requirements.  

Research, engagement and consultation may draw on similar techniques, e.g. surveys, focus groups, interviews, workshops, co-design and co-production  (doing with).

Research is not public consultation but can inform policy or practice through:

• measuring levels of subject understanding or identifying local need 
• identifying future trends from existing data (e.g. Census 2021)
• identifying what works (e.g. service evaluation)
• benchmarking good/best practice

 Public and stakeholder engagement seeks to develop ongoing relationships or partnerships and focuses on developing mutual understanding.   

Pre-consultation engagement forms part of the formal consultation process and seeks to develop options upon which to consult, and/or to resolve planning and participation issues.

The "Gunning Principles" are a set or rules created by Stephen Sedley QC to help ensure consultations follow fair and due process. The principles then became enshrined in case law by the Judge ruling on the Gunning v LB of Brent case.

Gunning 1: Consultation must take place at a formative stage (i.e.. before a decision has been made so that it can be influenced).

Gunning 2: It must provide sufficient reasons for intelligent consideration and response (i.e. provide enough accessible information about costs, options and negative impacts so that people can make an informed decision).

Gunning 3: Adequate time must be provided to allow people to digest the information provided and to respond. This means avoiding public holidays and/or or extending projects end dates where necessary.

Gunning 4: Conscientious consideration of the responses. Managerial preference will not suffice. Consultations need to have an audit trail of openness and transparency  which demonstrate the consultation responses have been taken into account as part of hte decision-making process.