Kohler, R (On the Application Of) v Mayor's Office for Policing and Crime

A public authority that undertakes a voluntary consultation must consult fairly within the scope it has chosen. It must explain the proposal and its reasons sufficiently to enable an intelligent response, allow adequate time, and conscientiously consider the responses before deciding. Internal criteria may be used to analyse responses where they do not impose undisclosed conditions. The authority need not generally disclose its internal workings or every item of information used to assess consultation responses. Failure to consider a material point raised in a consultation response is an error of law and may justify quashing the decision affected by that failure.

The claimant sought judicial review of MOPAC’s decision to close 37 London police stations, including Wimbledon police station, and transfer its 24-hour front counter to Mitcham. He challenged the consultation and decision-making processes on the grounds that unpublished criteria had been applied, the criteria had been applied inconsistently, inadequate information had been provided, and the consultation responses had not been conscientiously considered.

The central issues were whether the consultation was legally unfair and whether the decision-maker had properly considered the responses, particularly the proposal to postpone the Wimbledon decision until the impact of new technology had been evaluated.

1. Unpublished criteria. The criteria recorded for the decision-making meetings were a structured method of analysing consultation responses. They were not additional conditions requiring consultees to propose alternatives that maximised capital receipts. The consultation document had made the underlying objectives of revenue savings and capital receipts sufficiently clear. The defendant therefore had not applied unpublished criteria or applied them inconsistently.
2. Adequacy of information. The information required for a meaningful consultation depends on its scope. Applying the principles summarised from R v North and East Devon Health Authority, ex p Coughlan [2001] QB 213, the consultation document sufficiently explained the proposals and their general financial context. There was no general obligation to disclose the defendant’s internal workings or all information used to assess responses.
3. Consideration of responses. The defendant had sufficiently considered the alternatives relating to Merton. But the Merton Liberal Democrats’ response contained a material proposal that the closure decision should be postponed pending an evaluation of the effect of new technology. The deputy mayor’s summary did not identify that proposal, and the evidence did not establish that she had read or specifically considered it. General evidence that feedback had been discussed was insufficient.
4. Disposition. The failure to consider that material matter was a clear error of law. The decision to close Wimbledon police station was quashed and remitted to the deputy mayor for reconsideration. The challenges to the closure decisions concerning the other police stations failed.