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Planning a consultation

You should start the consultation process as early as possible. As soon as you realise that you may need to consult on a policy proposal, start planning the time available to you. Remember that, as well as the actual duration of the consultation exercise itself, you need to factor in enough time for:

  • Setting clear objectives for your consultation.
  • Planning consultation activities and identifying stakeholders.
  • Carrying out any preliminary, informal consultation to inform the exercise (both in terms of content and practicalities, e.g. how best to reach people).
  • Writing the consultation document and associated documents, e.g. the Impact Assessment.
  • Getting clearance to publish your consultation document where appropriate.
  • Analysing responses to your consultation and incorporating any appropriate changes into the policy proposal.
  • Giving feedback to your stakeholders, including through a report of the consultation, summarising the responses received.

It is easy to underestimate the time it will take to complete the whole consultation process. Starting early, planning effectively and allowing more time than you think you need for each part of the process will help reduce the risk of the exercise going off-track.

You should check your plan carefully against each of the criteria (both the headlines and the sub-points) in the Code of Practice and do your best to comply with each point. If your consultation must deviate from what is set out in the Code of Practice, it can be sensible to seek legal guidance. You should write to your Minister or equivalent, setting out clearly:

  • the background information to your policy proposal;
  • the objectives of your consultation;
  • the reasons for deviating from the Code of Practice;
  • the risks associated with deviating from the Code; and
  • the measures you will undertake to ensure that the consultation is as effective as possible.

When deviating from the Code, you should:

  • ensure that the consultation is carried out according to best practice in other respects;
  • ensure that your stakeholders are made aware of the way in which your consultation deviates from the Code and the reasons for this, e.g. include this information on the basic information page of the consultation document; and
  • outline any measures you are taking to compensate for this such as supplementary ways of getting involved.

Your consultation will be more successful if you take time to scope your topic thoroughly and identify key stakeholders early on. Find out as much as you can about other consultations and research into similar topics carried out by other policy teams or Government Departments. This will give you an insight into some of the issues and obstacles you may encounter through the course of your own consultation. It will also ensure that you do not repeat work being carried out by other Government Departments.

If you find that another Department is intending to carry out consultation or research similar to your own project, you should work together, wherever possible and appropriate, to conduct a joint consultation. Joint consultation exercises ensure more efficient use of Departmental resources and make better use of respondent's time (see criterion 6 of the Code of Practice on Consultation).

Other policy officials may also be able to provide you with contacts in key stakeholder organisations, although it is important to bear in mind the Data Protection Act and any other legal requirements relating to  the sharing of confidential information. Meeting with representatives from a core group of stakeholders early on will help you to:

  • Plan your consultation processes more effectively;
  • Plan the content of the consultation, including scoping the potential options and key questions to be included in your written consultation document;
  • Define a comprehensive list of stakeholders with whom you should consult, not just the 'usual suspects';
  • Identify the best methods for targeting these stakeholders and consulting with them most effectively; and
  • Manage potential risks more effectively.

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