A blogpost by Simon Angelides, Chief Executive of The Consultation Institute.
Last year’s ACE-PCF leadership roundtable on trust identified meaningful community engagement as one way to further build public confidence.
Rewiring the State commits the government to “replace the current model of consultation by default with new and modern forms of public participation”. A subsequent letter to Ministers makes repealing consultation requirements the starting point and signals that this approach should extend across the wider public sector.
Written consultation will remain appropriate when it is the right tool; the aim is not to replace one standard process with another. Public bodies will be expected to use judgement about when to involve people, whose voices need to be heard and what remains open to influence. There was recognition that risk cannot be eliminated and that public challenge is part of democracy.
Formal consultation offers organisations a clear process for demonstrating that they have met a requirement. With greater discretion comes greater responsibility to explain the choices made.
A senior colleague at a regulator described how the organisation still faces judicial review despite adopting more participatory approaches. The law has not changed: removing a specific consultation duty does not remove the public sector equality duty. Common-law fairness and legitimate expectations may still require consultation, and any consultation undertaken must meet applicable standards of fairness. The issue is therefore one of governance, not simply engagement practice.
A decision to consult needs a clear rationale, as does a decision not to consult. Both require an accountable decision-maker and a record that can withstand scrutiny. Greater freedom to choose how people participate must be matched with greater discipline in making that choice.
This is the argument for participation by design. Public involvement should be planned around the decisions an organisation needs to make, rather than around an established consultation process.
Before engaging, a public body should be able to explain who will make the decision and what the public can still influence. It should also be clear about how people’s contributions will be considered and how the organisation will respond.
This argument is developed in the Consultation Institute’s paper, From Consultation by Default to Participation by Design published in September 2026.
For more information, please contact Simon.Angelides@consultationinstitute.org.
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