Critics who thought that abolishing the ‘duty to involve’ might let Councils off the consultation hook have had a surprise! Department for Communities and Local Government's (DCLG) brand new statutory Best Value Guidance has strengthened considerably the requirement to consult by re-emphasising the original duty in the 1999 Local Government Act.
But the biggest surprise is that following what appears to have been an exemplary consultation exercise, the decision has been taken to extend the application of these principles to all central Government departments. This includes the NHS, and seems to be a response to the Big Society and “Open Public Services” agendas that forecast an increasing number of voluntary and community bodies, social enterprises etc. commissioned to deliver services. Along with a clear commitment to Local Compacts, the Guidance may be a one-page replacement for its long-winded predecessor, but it should be an effective policy framework for an important aspect of public engagement.
Source: Consultation Institute Newsletter, 6 September 2011.