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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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DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

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Partner appointed to lead family and matrimonial department in Leeds

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Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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