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16 January 2015 / Andrew Eaton
Issue: 7636 / Categories: Features , Local government , Public
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Consultation matters

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What constitutes a fair public consultation following the Moseley judgment, asks Andrew Eaton

In the current climate of public sector austerity, public bodies regularly need to take difficult decisions to go further with fewer resources. In this context, the way in which public bodies make those decisions is coming under increased scrutiny, particularly in relation to tax and welfare.

The Supreme Court has provided guidance on how to conduct a fair public consultation process in R (on the application of Moseley) v London Borough of Haringey [2014] UKSC 56. Moseley is the first time that the UK’s highest court has considered the law on the duty to consult.

Background

As part of its wider public spending reduction agenda, the coalition government resolved in 2012 to abolish the national mechanism by which council tax benefits (CTB) were provided. Under a new regime, local authorities were required to design and operate replacement local schemes, known as council tax reduction schemes (CTRS).

The Local Government Finance Act 2012 introduced a requirement that local authorities publish and

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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