Consultation process not unfair after all, says Court of Appeal – UK Human Rights Blog

Posted October 13th, 2014 in appeals, consultations, news, statutory duty by sally

‘Deciding whether a given consultation process conducted prior to some administrative decision was or was not sufficiently unfair to warrant challenge is not an easy task. Three connected problems commonly arise:

(1) did the public body provide adequate information to enable properly informed consultation

(2) was the consultation at a formative stage of the decision-making process, so it was a real rather than sham process?

(3) did the consultation encompass sufficient alternatives?’

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UK Human Rights Blog, 12th October 2014