Government guidance urges more targeted approach to consultations

Whitehall departments and other public bodies should adopt a “more targeted and proportionate” approach to the consultations they carry out, new Government guidance has recommended.

The Consultation Principles, which can be viewed here, will replace the Code of Practice on Consultation issued in July 2008.

The guidance says in particular that departments should not default to a 12-week period, but should follow a range of timescales.

It says that the amount of time required for a consultation would depend on the nature and impact of the proposal – “for example, the diversity of interested parties or the complexity of the issue, or even external events” – and might typically vary between two and 12 weeks.

It adds: “In some cases there will be no requirement for consultation at all and that may depend on the issue and whether interested groups have already been engaged in the policy making process.

“For a new and contentious policy, such as a new policy on nuclear energy, the full 12 weeks may still be appropriate. The capacity of the groups being consulted to respond should be taken into consideration.”

The Consultation Principles also cover issues such as the subjects of consultation, making information useful and accessible, and transparency and feedback.

They emphasise that the objectives of the consultation process should be clear. “To avoid creating unrealistic expectations, any aspects of the proposal that have already been finalised and will not be subject to change should be clearly stated,” the guidance says.

In a written ministerial statement, Minister for Government Policy Oliver Letwin said: “The new approach to consultation is based on making the type and scale of engagement proportional to the potential impacts of the proposal. The emphasis is on understanding the effects of a proposal and ensuring real engagement rather than following the same bureaucratic process.”

He added: “Policy makers will need to give more thought to how we consult with people. The aim is to replace potentially unproductive process with real engagement with those who are affected. In some cases earlier consultation so groups can shape policy earlier in the process.”

The Minister also said that although consultation could take different forms, the expectation was that it would be “digital by default”. However, this would need to be varied for vulnerable or other groups whose access to information technology was limited.

Letwin nevertheless insisted that this approach “should mean that departments can be more, not less effective at reaching particular groups affected by policies”.

The principles of the Compact between government and the voluntary and community sector would continue to be respected, he added.

The new guidance will take effect after the Parliamentary recess in early Autumn 2012.

The Minister said the changes were in line with commitments in the Civil Service Reform Plan, which requires the Government to improve policy making and implementation “with a greater focus on robust evidence, transparency and engaging with key groups earlier in the process”.