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Consultations: cutting COVID corners

14 April 2021 / Nicholas Dobson
Issue: 7928 / Categories: Features , Public , Local government , Covid-19
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The urgency of COVID-19 does not provide a licence to short-change essential public law principles, says Nicholas Dobson
  • The Court of Appeal ruled that the Secretary of State for Education acted unlawfully in not consulting the Children’s Commissioner and other material bodies before making significant temporary changes to ten statutory instruments governing the children’s social care system.

The verb consult has various shades of meaning including to seek advice from and to discuss. So, when Lewis Carroll’s Alice became stranded in a pool of her own tears, along with creatures including a mouse, an unextinct dodo and an eaglet, they decided to have ‘a consultation’ on how to get dry. Their solution was obviously to endure a particularly dry (in the sense of dull and boring) history lecture by the mouse.

But consult also means to seek the views of others. So before taking important family decisions, we are likely to consult (in the sense of establish the views of) those particularly affected. However, while these individuals would

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NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
The ex-wife of a Russian billionaire has won her bid to bring her financial relief claim in London, in a unanimous Court of Appeal decision
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