header-logo header-logo

27 September 2018 / Nicholas Dobson
Issue: 7810 / Categories: Features , Public , Housing
printer mail-detail

Out for consultation: why our views matter

Nicholas Dobson explains why the government was wrong to reduce Housing Possession Duty Schemes without proper consultation

  • The Lord Chancellor acted unlawfully in deciding to reduce the number of Housing Possession Court Duty Schemes without sufficient evidence and in breach of the public sector equality duty.

At first glance, consultation seems straightforward enough. In the public law context, this essentially suggests fairly sounding out those likely to be affected by potential proposals at the outset, so that their views can be taken properly into account before anything is taken forward. But what looks like easy terrain can often turn out to be a quagmire for public authorities.

What have become known as the Gunning principles of consultation (from R v Brent London Borough Council, ex parte Gunning , [1985] 84 LGR 168) have been endorsed as a ‘prescription for fairness’. These are that:

  • consultation must be at a time when proposals are still at a formative stage;
  • the proposer must give sufficient reasons for any proposal to permit of intelligent
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll