Helping you understand Welsh law

Has any consultation been carried out fairly and properly

Public authorities may be under a duty to consult on their proposals. Such a duty may be set in legislation, or may be inferred by the Court.

Where public authorities undertake consultation, it must be fair and:

  • take place when the proposal is at a formative stage – public authorities must have an open mind:
  • sufficient reasons must be given for the proposal to allow for intelligent consultation and response;
  • adequate time must be given for consideration and response;
  • the product of the consultation must be taken into account.

A decision may be quashed where the public authority fails to comply with a legal duty to consult or undertakes defective consultation.

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