When does a duty to consult arise in public law?
‘It is well-known that there is no general common law duty on public authorities to carry out a consultation before making a decision. However, such a duty may arise if certain conditions are met. The High Court has recently had an opportunity to consider, and clarify, the precise circumstances under which such a duty arises. The case is R (Freedom from Torture and the Helen Bamber Foundation) v Secretary of State for the Home Department [2026] EWHC 1278 (Admin) (28 May 2026).’
Administrative Court Blog, 5th June 2026

