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Fairness and a public body’s duty to consult

Date:4 NOV 2014
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Solicitor Advocate
Consultation: a first outing in Supreme Court

The extent to which a public body has a duty to consult interested persons is currently in the family law news. Attention was drawn to practitioners’ attention in these notes over the present plans of the Home Office for an inquiry into child sexual abuse (Child Sex Abuse Inquiry: consultation in connection with the terms of reference of the forthcoming child sex abuse inquiry). It may apply with the variety of recent consultations issued by the Courts and Tribunals Judiciary in relation to family proceedings due for reply to Sir James Munby P in two cases by 3 October 2014 (a period of barely 2 months including August which says the Cabinet Office should be ignored). Consultation over single parent rights to housing benefit (see below) to old peoples’ rights as to their local authority accommodation and foster children’s rights in their foster home: all at one time or another have fallen foul of statutory and sometimes common law...

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