Consultation, consultation, consultation

A key principle of English democracy is that the courts do not interfere with the will of Parliament.

However, the judgment in R (Devon County Council and another) v Secretary of State for Communities and Local Government illustrates the thinness of the line which the Administrative Court sometimes walks in applying this principle. It is an issue that is particularly acute in the wake of a change of government, where a decision that is quashed will revert to a new minister guided by a different set of political priorities.

The case highlights the importance placed by the courts on fairness in consultation. It also illustrates to public decision makers at all levels the need to take seriously their duties to consult and ensure that consultation processes are robust and fair.

The experts in Wragge & Co's Public Law & Regulation team consider the judgment in an expert analysis.