This is the third in our series of Good Decision-Making Guides for Public Bodies. These Guides highlight what is best practice in decision-making and offer simple and practical tips to reduce the risk of challenge to your decisions.
Decisions must be made in a way that is procedurally fair. The right to fair procedures derives from the Constitution and the European Convention on Human Rights and has been elaborated on by the courts through case-law. Decision-makers must apply fair procedures from the very outset of the decision-making process. Public bodies, and those working in them, have a positive obligation to apply fair procedures. A failure to apply fair procedures when making a decision may result in the decision being set aside by the courts.