In my professional life, there’s a simple principle I follow: people don’t buy what you do; they buy why you do it. The same is true in public consultation. People don’t just want to be informed, they want to be involved. They want to know that their voices matter, that their input makes a difference. Why? Because in the world we live in today, involvement is no longer a courtesy, it’s an expectation. A legitimate one.
Let me take you back. Thirty years ago, the word ‘stakeholder’ wasn’t even part of the management dictionary. Decisions were made behind closed doors by people who believed that leadership meant control. “We’ll make the change,” they said, “and we’ll let them know after.” That was the norm. But today, that approach doesn’t just feel wrong, it is wrong. And more importantly, it can be unlawful.
The Doctrine of Legitimate Expectation has changed the landscape. It’s not just a moral obligation to involve people; in many cases, it’s a legal one. If the public has reason to believe they have a right to be consulted about a change, especially one that affects long-standing services, then not doing so could land an organisation in court.
Take the 2014 case of R (ex parte LH) v Shropshire County Council. A local authority closed a day centre without consulting the people who used it. The result? They lost in a Judicial Review. Why? Because those service users had expected a public consultation. The court recognised their legitimate expectation, and the council’s failure to engage wasn’t just poor practice; it was unlawful.
This isn’t about bureaucracy or ticking boxes. It’s about trust. It’s about transparency. It’s about doing the right thing before making the decision, not after. And it’s about understanding that the people we serve deserve more than notice; they deserve a voice.
So here’s the ‘why’: because communities are not passive recipients of change. They are active participants in shaping it. Public consultation isn’t just a tool. It’s a promise. And the moment we break that promise, whether through ignorance or arrogance, we lose more than a case. We lose credibility. We lose the trust we’ve worked so hard to build.
And let’s be honest, navigating this space isn’t always simple. The line between informing and consulting can be blurry. You might wonder: do we need to engage on this issue? Is consultation required here? If you’re unsure, ask for help. Because getting it right strengthens relationships. Getting it wrong damages them, sometimes beyond repair.
We live in an age where accountability is expected, where communities are empowered, and where courts are ready to uphold those expectations. So, if you’re in public service, especially if you work in public consultation and stakeholder engagement, understanding legitimate expectation isn’t optional. It’s foundational.
Remember, people don’t just care what you do. They care why you do it, and how you do it. Consult not because you’re told to, but because people deserve to be heard. That’s leadership. That’s service. That’s how trust is built.
And if you ever find yourself uncertain, reach out. Because the cost of not knowing can be far greater than the cost of asking.
Lead with empathy. Consult with integrity.
Rapport North 