National and local context
Legal duties and principles
There is no general legal duty under common law for councils to consult when changing services or policies. However, a duty may arise if:
- legislation specifically requires it
- fairness requires it — for example, if there’s a promise to consult or a past practice of doing so
When consultation is carried out, it must be fair and lawful. If not, decisions may be challenged in court, leading to delays, costs, and reputational damage. To reduce this risk, we aim to:
- clearly explain proposals
- keep records of what we share and what people tell us
- show how feedback has been considered in decisions
Consultation can focus on a preferred option, if other options are also explained with reasons for not choosing them.
The courts have established a set of principles known as the Gunning Principles, which form the legal framework for ensuring that consultations are fair and effective. These principles state that:
- consultation must take place when proposals are still being developed
- enough information must be provided to allow for informed responses
- sufficient time must be given for people to respond
- responses must be properly considered before a final decision is made
Some laws, like Section 5D of the Childcare Act 2006, require consultation in specific cases. If there’s any uncertainty, the engagement team will advise whether further guidance should be sought from LCC Legal Services.
The Brown Principles and Bracking Principles ensure that engagement and consultation processes consider equality impacts. These principles require decision-makers to be aware of their equality duties, analyse the potential impacts on protected groups, and integrate equality considerations into their decisions. By adhering to these principles, public bodies can ensure their engagement and consultation activities are inclusive and legitimate.
Equality Act 2010 protects people from discrimination. It requires public authorities to consider the needs of individuals with protected characteristics, such as disability, age, gender, and race. By following the Equality Act, public bodies can ensure their engagement, policies and services reflect diverse community perspectives.
The General Data Protection Regulation (GDPR) ensures the protection of personal data collected during the engagement and consultation process. Any personal data must be processed lawfully, transparently, and securely, with clear consent from individuals.
National guidance
Cabinet Office Consultation Principles provide a framework for government departments and public bodies to ensure effective engagement and consultation. These principles emphasise the importance of proportionality, transparency, and inclusivity, ensuring they are conducted in a meaningful and targeted manner.
Best Value Guidance sets out reasonable expectations on the way we and other councils should work with voluntary and community groups and small businesses. It specifically references engaging the sector and people who use services in proposed changes to those services.
Local Government Act 1999 Best Value Duty mandates that local authorities must deliver ‘Best Value’ by ensuring continuous improvement in their services. This includes a duty to consult with a variety of stakeholders, such as people who use our services, to gather their views and ensure that services are efficient and effective.
The Localism Act 2011 aims to decentralise power, giving local communities more control. This act mandates that public bodies listen to and involve local people in decision-making processes, particularly when they express a desire to manage local resources or services, as highlighted in the council’s corporate plan.
Local context
Neighbourhood planning empowers local communities to shape the development and use of land in their areas. Enabled by the Localism Act 2011, it involves extensive consultation and engagement with residents, businesses, and stakeholders to ensure that their views and priorities are captured and integrated into the Neighbourhood Development Plans (NDPs) and Neighbourhood Development Orders (NDOs). We (and particularly housing planning authorities, like district councils) must take account of them when making certain decisions.
Commissioning strategies set out how services will be planned, designed, delivered, and reviewed. These strategies will be shaped by feedback from service users, potential users, and their representatives to ensure services meet local needs. Continuous engagement throughout the commissioning process promotes inclusion and improved outcomes for residents.
The customer charter outlines our commitment to putting our customers at the heart of what we do.
Our complaints policy sets out how we deal with something that the public tell us has gone well or gone wrong.
The petitions scheme outlines how someone can prepare a petition and what we will do with a petition if they decide it is the best course of action. Petition submissions in response to a public consultation being run by the council will be acknowledged as part of the consultation process and will be considered along with other consultation responses.