NE seem to be required by law to ensure that they are satisfied other methods have been tried. If they don't do this, they are acting contrary to the law. Perhaps a petition to change the law is in order if people are unhappy with NE obeying the law...it might be a more positive step than some petitions out there which are asking for Packham to be sacked from the BBC (ignoring the fact that he isn't legally employed by them, but effectively a self-employed contractor).