To consider a report setting out proposed changes to officer decision making regarding delegated authority and Key Decisions and, in particular, clarification of the level of expenditure that constitutes a Key Decision.

The Committee considered a report setting out proposed changes to the definition of a ‘Key Decision’ with the aim of clarifying the types of decision that were outside the scope of the definition.

Members were first reminded that the delegation of decision making powers to officers was important in enabling the Council to take decisions at the most appropriate level.  Removing routine and relatively uncontroversial matters from full Council, Executive and other committees enabled those bodies to focus on major decisions of significant financial or strategic importance.  In addition, some decisions were, due to their nature, most effectively dealt with through officer delegation with Executive Member oversight.

To assist Members the report outlined the basic principles of officer decision making including the location of the provisions relating to officer delegation contained in Parts C2, H3 and I2 of the Constitution. 

The Committee then turned to consider Key Decisions, a full definition of which was set out in Part C2.  The Assistant Director Legal and Democratic Services (interim) and Monitoring Officer explained that the original legal purpose of defining Key Decisions was to ensure that significant  decisions were readily available for public scrutiny and this was achieved by requiring that notice of forthcoming Key Decisions was made available to the public through the Council’s Forward Plan.  In view of the current definition of Key Decisions within this Council this had the effect of placing a financial limit of £200k revenue (£500k capital) on the decisions officers could take under the powers delegated to them.  To avoid unnecessary restrictions arising there were specific exclusions from the scope of the definition and if the decision to be made involved expenditure falling within any of the categories listed it was not regarded as a Key Decision and could be implemented.

The meeting noted, however, that the exclusions referred to above did not include decisions relating to the provision of secure placements for children in care and specialist care packages for children and adults with disabilities.  These types of placement and care packages could be considered as falling within the Key Decision criteria due to their cost and lifespan despite a general acceptance that these sorts of decision were dealt with more appropriately under officer delegation rather than through the Executive.  The decisions were effectively based on highly sensitive information and clinical assessments by health professionals so there was little scope for a body such as the Executive to effectively engage in the usual decision making process.  In view of this the Assistant Director Legal and Democratic Services (interim) and Monitoring Officer suggested that the list of exemptions set out in Part C2 of the Constitution be amended to include a specific category covering the provision of secure placements for children in care and specialist care packages for children and adults with disabilities or other conditions warranting the provision of such placements or packages with the aim of reducing uncertainty and introducing greater consistency.

Lengthy discussion took place on the provision of Member oversight of the proposed new exemption and how this could be implemented mindful that the situation relating to such cases was often extremely urgent and there was insufficient time for any form of consultation to be carried out with members of this Council.  The Committee recognised the special issues relating to the proposed exemption but made clear its wish that the Executive Member for Corporate Resources be kept fully aware of decisions made under the new exemption because of the possible long term budgetary impacts.

RESOLVED

1          that the definition of ‘Key Decisions’ as set out in paragraph 1.3 of Part C2 of the Constitution be amended by the addition of the following:

            “1.3.6 The procurement of placements for children and of care packages, including residential care, for children and adults with disabilities or other conditions warranting the provision of such placements or packages subject to such decisions being reported to the Executive Member for Corporate Resources and the Executive Member for the relevant service area.”;

2          that the Monitoring Officer implement the above amendment and take any action necessary or incidental to achieving that end.