Judicial Review (Consultation)

Question 1

Definition

Answer 1

A consultation is where a public body has a discretionary power and must consult with those affected by the exercising of those powers

Question 2

Where does a duty arise

Answer 2

Plantagenet Alliance - There is no general duty to consult unless :
1. There is a duty to consult
2. There has been a promise to consult
3. There has been an established practice of consultation
4. Where failure to consult would lead to unfairness

Question 3

Application

Answer 3

The Sedley criteria comes from the case of Brent Gunning where Mr Sedley formed the test:

1. Consultation must be at a time when proposals are still at a formative stage (you can’t consult on a decision that has already been made)
2. Proposer must give sufficient reasons for any proposal to permit of intelligent consideration and response (proposer must explain why they’re suggesting it)
3. Adequate time must be given for consideration and response (people need enough time to think about the proposal to form their feedback)
4. The product of consultation must be conscientiously considered in finalising any proposals (feedback from consultation must be considered)