Did they consult properly?

Local authorities need to hold a proper consultation about changes to eligibility criteria, charging, closing services or other things that have a big impact on disabled people. If they didn’t consult, or didn’t do it properly, then it may be unlawful to make the change. Recently, many local authorities haven’t run consultations properly. So it’s well worth looking at what they have done in your area.

In order to count as a proper consultation they must have:

• allowed plenty of time for responses (for example, if it was less than 12 weeks you may be able to argue it didn’t allow enough time) and
• done it in a way that was easy to understand and respond to
• had a simple and brief consultation document, which clearly set out the questions that they wanted replies to and included a summary
• provided all the information needed for people to weigh up the issues properly
• made it widely available
• carefully considered all responses and been genuinely open to changing the proposals in light of them
• made the results widely available, and included an account of the responses received and an explanation of the decision that was made, and
• completed the consultation before the decision (for example to close a service or change the eligibility criteria) was taken.

Complaining because your local authority failed to hold a proper consultation can be successful. But it may only succeed in delaying the change.