Council Constitution

Part 2 - Articles of the Constitution

Article 17 - Decision Making

17.1 Principles of Decision Making

All decisions of the Council will be made in accordance with the following principles:-

1. proportionally (i.e. the action must be proportionate to the desired outcome);
2. due consultation and the taking of appropriate advice from Officers;
3. respect for human rights (see below for further details);
4. a presumption in favour of openness;
5. clarity of aims and desired outcomes;
6. Wednesbury reasonableness, i.e. taking account of all relevant considerations and discounting all irrelevant considerations; and
7. explaining what options were considered and giving reasons for the decision.

17.2 Types of Decision

17.2.1 Decisions reserved to Full Council

Decisions relating to the functions listed in Article 4.2 will be made by the Full Council and not delegated.

17.2.2 Key Decisions

The Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 state that a Key Decision means an Executive decision which, is likely:-

1. to result in the local authority incurring expenditure which is, or the making of savings which are, significant having regard to the local authority’s budget for the service or function to which the decision relates; or
2. to be significant in terms of its effects on communities living or working in an area comprising two or more Wards or electoral divisions in the area of the local authority

subject to any guidance issued by the Secretary of State in relation to the meaning of ‘significant’.

By way of defining ‘significant’ for the Council’s purposes a Key Decision is:-

• Any Executive decision which requires a budget expenditure of £30,000 or more that is not in the budget presented to Council;
• Any Executive decision to vire £500,000 or more in the budget presented to Council;
• Any Executive decision where the outcome will have a significant impact on a significant number of people living or working in a District Assembly area where this is less than two Wards.

A decision taker may only make a Key Decision in accordance with the requirements of the Executive Procedure Rules.

17.3 Decision Making by the Full Council

Subject to Article 16.8, the Council meeting will follow the Council Procedural Rules when considering any matter.

17.4 Decision Making by the Executive

Subject to Article 16.8, the Executive will follow the Executive Procedural Rules when considering any matter.

17.5 Decision Making by Scrutiny Panel

Scrutiny Panels will follow the Scrutiny Procedural Rules when considering any matter.

17.6 Decision Making by other Panels and Committees Established by the Council

Subject to Article 16.8, other Council Panels and Committees will follow those parts of the Council Procedural Rules as apply to them.

17.7 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 and the Human Rights Act.