Implied duty to consult

Where a consultation duty does not exist in the legislation, there may be occasions where an implied duty exists for example:

  • Where there is a promise to consult on a specific decision or type of decision
  • Where the type of decision has been consulted on before
  • Where the decision will have a serious impact on those affected/likely affected
  • Where the decision will remove any existing benefit.

For more information on an implied duty to consult see: