Consultation can be done in a number of ways, from formal written consultation (FWC), to less formal approaches, such as meetings or workshops, letters or surveys. It may be that one method alone is sufficient for a project, but in general, a variety of methods will be used, possibly at different stages in the project.

Formal Written Consultation

This method is used:

• Where a formal ‘Green Paper’ is issued
• Where a statutory obligation to consult specifically requires a formal written consultation
• Where Ministers have given previous commitments specifically to conduct a formal written consultation
• Where Ministers determine that a formal written consultation will be an effective and proportionate way of seeking input from interested parties

FWC must comply with the Government’s Code of Practice on Consultation (CoP). The CoP ensures a consistent approach across government and tells people what they can expect when the Government consults formally through the seven criteria that should be adhered to. In most circumstances, the consultation period is for 12 weeks and requires written responses. In some circumstances the consultation period may need to be shortened; in these cases, Ministerial approval is sought and the reason for the shortening stated in the consultation document. Once a FWC has closed, all comments will be carefully considered by DfT in developing its policies, plans for legislation etc. According to Government’s best-practice guidelines, a summary of responses to formal written consultations will normally be published within three months of the consultation closing where possible.

• Code of Practice on Consultation (CoP)

Other consultations

A formal written consultation is not always the most appropriate type of public engagement. Situations in which other types of engagement will often be appropriate include:

• Specialised technical consultations (e.g. on amendments to statutory instruments) where, for example, fewer than 30 stakeholder organisations are likely to respond
• Technical amendments to legislation, processes, or guidance where consultation has taken place within the last 2-3 years
• Where a UK negotiating line is being developed on draft EU legislation and relevant texts are likely to change significantly over a 12-week consultation period
• When a rapid response is needed within less than 12 weeks (e.g. to meet EU legislative timetables) where authorised by a Minister
• Those relating to an ‘Independent Review’, a ‘White Paper’, an ‘Impact Assessment’ or a call for evidence’
• An ‘informal consultation that may be used to inform a later consultation exercise’

These less formal consultations are not subject to the Code of Practice, but the Department will be guided by the criteria where possible, publishing the documents (if available) on the DfT website alongside formal written consultations so that anyone can respond to them.

If you think that the code of practice has not been followed please contact:

Departmental Consultation Co-ordinator
Department for Transport
Zone 2/25 Great Minister House
London SW1P 4DR

consultation@dft.gsi.gov.uk