Does responding to a public consultation actually do anything?
Sometimes, and rather more than cynics assume — but the mechanism by which it works is not the one most people imagine. It is not a vote.
The common misconception. People assume the side with more responses wins. Consultations are not referendums, and a decision-maker is not obliged to follow the majority of responses. A thousand identical form responses carry less weight than one submission raising a point nobody had considered.
What consultation is legally required to be. Where a public body consults — whether required to or by choice — the courts have established minimum standards, commonly known as the Gunning or Sedley principles:
Consultation must occur when proposals are at a formative stage, not after the decision is effectively made.
Sufficient reasons must be given for proposals to permit intelligent consideration and response.
Adequate time must be allowed.
The product of consultation must be conscientiously taken into account in finalising the decision.
A consultation failing these can be quashed by judicial review, and consultations have been struck down — which is the real leverage.
What actually influences outcomes:
New information. Evidence, data or local knowledge the body did not have. This is by far the most effective contribution.
Identifying a legal or practical flaw — a duty not considered, an equalities impact missed, an unworkable provision.
Answering the specific questions asked, since responses are analysed and coded against them. A general objection that does not map onto any question frequently gets recorded as exactly that.
Specific, local, concrete detail rather than general opposition.
Organised responses from affected groups, and responses from bodies with standing and expertise.
What does little: copy-and-paste campaign text, which is usually counted as a single position; responses after the deadline; and abuse.
Practical points: consultations must be published with a response document explaining what was received and what changed, and reading that document tells you how seriously the exercise was taken. Statutory consultations, where a body must consult, carry more weight than voluntary ones.
General information about how consultation works.