Structure and Decision Making

2.1.1  Responsibility for Decision Making

This Chapter describes what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions.

2.1.2  Principles of Decision Making

When the Council makes decisions, we will make sure that we do the following:

1. ensure we are open and transparent in the way we make decisions; including the publication of background papers used to support decision making.
2. make sure we consult where appropriate to do so;
3. take the professional advice of officers;
4. make sure that the actions we are taking are proportionate to the results we need to achieve;
5. respect human rights in the decision-making process;
6. Value for Money
7. be clear about what we are seeking to achieve and what the outcomes will be;
8. when decisions are taken by the Executive, provide details of the other options which were taken into account; and
   i) give reasons for why we have made the decisions and recorded them

2.1.3  Decisions Reserved to Full Council

Decisions relating to the functions listed in Chapter 4.1 will be made by Full Council or
Special Council Executive Committee and cannot be delegated.

2.1.4  Key Decisions by the Executive

2.1.4.1

The definition of a Key Decision is set out in The Local Authorities (Executive Arrangements)(Access to Information)(England) Regulations 2012 and is defined as; An executive decision, which is likely to:- 

1. result in the relevant local authority incurring expenditure which is, or the making of savings which are, significant; or 
2. be significant in terms of its effects on communities living or working in an area comprising two or more wards.

The council has decided that significant expenditure or savings are those amounting to above £500,000.

All Key Decisions must be published on the website 28 calendar days in advance of them being made unless they are urgent in which case there are processes to follow which include seeking the approval of the Chair of the relevant Scrutiny Committee. The Forward Plan enables the public and all councillors to understand the Key decisions that are going to be taken and make representations in advance.

Key Decisions have to be published within 2 working days of being made and will be published on the website.

Non-Executive Councillors can call in Key Decisions taken by the Executive, an Individual Executive Member or an officer. These decisions must be called-in within 5 working days following the publication of the decision to the website (in accordance with the Scrutiny Procedure Rules).

2.1.4.2

Deciding which matters constitute Key Decisions will be a matter for the lead Officer to determine in consultation with the relevant Executive Member, having regard to the advice of the Monitoring Officer and Chief Finance Officer as appropriate.

2.1.4.3

Key Decisions due to be made by the Executive will normally be set out in the Forward Programme.  Where an urgent decision is required, public notice shall be given at least three working days in advance of the proposed decision date and the Chair of the Overview and Scrutiny Management Committee will be advised.

A decision taker may only take a Key Decision in accordance with the requirements of the Executive and Access to Information Procedure Rules set out in Chapters 5.4 and 3.2 of this Constitution.

2.1.5  Decision Making by the Council

Subject to Paragraph 1.4.11 below, the Council meeting will follow the Council Procedures Rules set out in Chapter 4.2 of this Constitution when considering any matter.

2.1.6  Decision Making by the Executive 

Subject to Rule 1.4.11, the Executive will follow the Executive Procedures Rules set out in Chapter 5.4 of this Constitution when considering any matter.

2.1.7  Decision Making by Individual Executive Members

Subject to Rule 1.4.11, decision-making by individual Members of the Executive will follow the process set out in Chapter 5.5.

2.1.8 Overview and Scrutiny Committees

The Overview and Scrutiny Management Committee and its committees will follow the Procedure Rules set out in Chapter 6.2 of this Constitution when considering any matter.

2.1.9  Decision Making by other Committees and Sub-Committees established by the Council

Subject to Rule 1.4.11, other Council Committees and Sub-Committees will follow those parts of the Procedures Rules set out in Section 8 of this Constitution as apply to them.

2.1.10  Decision Making by Officers

Subject to Rule 1.4.9, decision-making by Officers shall follow the principles and procedures set out in the Scheme of Delegation to Officers set out in Chapter 9.

2.1.11  Decision Making by Council Bodies Acting as Tribunals

The Council, a Councillor or an Officer acting as a tribunal or in a quasi-judicial manner or determining/considering (other than for the purposes of giving advice) the civil rights and obligations or the criminal responsibility of any person will follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights.