8 Labour councillors vote against motion asking for delay in closure of Girtrell Court until alternatives are in place

8 Labour councillors vote against motion asking for delay in closure of Girtrell Court until alternatives are in place                                                       The two most read stories on this blog this month have been Why did Wirral Council’s Cabinet recommend closure of Girtrell Court despite a protest against closure and opposition from the trade unions? and . … Continue reading “8 Labour councillors vote against motion asking for delay in closure of Girtrell Court until alternatives are in place”

8 Labour councillors vote against motion asking for delay in closure of Girtrell Court until alternatives are in place

                                                     

Labour councillors (except Cllr Christina Muspratt who abstained) voting against an opposition motion on Girtrell Court at the Coordinating Committee meeting on the 16th February 2016
Labour councillors (except Cllr Christina Muspratt who abstained) voting against an opposition motion on Girtrell Court at the Coordinating Committee meeting on the 16th February 2016

The two most read stories on this blog this month have been Why did Wirral Council’s Cabinet recommend closure of Girtrell Court despite a protest against closure and opposition from the trade unions? and .

However there’s been a public meeting involving Girtrell Court that I haven’t reported on yet.

In the past when there were budget options out to public consultation, Wirral Council’s overview and scrutiny committees each met in public. This gave an opportunity for backbench councillors to give their views on each budget option with an opportunity for the public to hear this. If there was a difference of opinion between councillors alternatives could be put forward and voted on. That was how scrutiny used to operate at Wirral Council all done at public meetings on camera.

However this year (in a repeat of how it was done last year), it was all done in private in “workshops”, not in public. A report was then written up for each overview and scrutiny committee, you can read the Families and Wellbeing overview and scrutiny committee workshop report here, the Regeneration and Environment overview and scrutiny committee workshop report here and the Transformation and Resources overview and scrutiny committee workshop report here.

Around a week before the Cabinet met to decide its recommendation on the budget for 2016/17 the Coordinating Committee (who coordinate the work of the overview and scrutiny committees) met on the evening of the 16th February 2016.

I thought as Wirral Council hasn’t yet met to decide the budget for 2016/17 and people associated with Girtrell Court weren’t at this meeting that a transcript of what was said in the debate on the report from the Families and Wellbeing workshop would be useful. However you can watch this item (item 5 2016/17 Budget Scrutiny Report) for yourself in the video below. The video should start at the right point but if it doesn’t this agenda item starts at the 31 minute 7 second point and the overarching report for this agenda item can be read here.

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Coordinating Committee 16th February 2016

Cllr Moira McLaughlin (Chair, Labour): Right, the next item on the agenda is item 5 and it is the report of the workshops that looked at budget scrutiny.

Errm, Joe [Blott] do you want to say something on that?

OK, errm, OK, just briefly as a bit of an overview, we used the same approach the workshop approach this year as was used last year with each Committee holding its own workshop, to give an opportunity for its members to examine in more detail the proposals put forward by the officers.

Errm, the obvious intention was to better understand the service implications and the achievability of the proposals as they were presented.

Errm, I do think that members who took part found them errm helpful and the purpose tonight is really to note the process that we’ve used and perhaps comment on that and whether that could be improved upon in the future and also the character of the workshops and then forward these documents to the Cabinet. I know they’ve already been reproduced and they will form part of the Cabinet minutes for next week.

Errm, I think all members don’t know really of the Council understand the scale of the task that’s underway at the moment over the budget. Errm, and I do hope errm that errm, I mean we won’t be as I said earlier in the earlier report we won’t be debating these proposals tonight, that wouldn’t be appropriate but I do hope that, errm, the non-elected, non-Executive members of the Council, this can form a good part of the consultation, their views on the consultation and that’s what it’s intended to be.

I’m going to errm, I’ll give a brief overview of what happened at Families and Wellbeing and then I’ll ask the other chairs of the other two committees to do the same.

Errm, the session that was on, held by Families and Wellbeing Policy and Performance Committee was very well attended, I know unfortunately Wendy [Clements] was unwell, but other than that we had a full turn out.

Errm, and there was err, I think everybody contributed in some form during the discussion that we had. Obviously some of the proposals that were put forward generated more discussion and comment than others.

Errm, what the Committee didn’t attempt to do was to recommend or reject any of the proposals. We didn’t see that as our role.

Errm what we did use, err do, was to use the workshops to dig deeper than the narrative that was presented by errm around the proposal by officers and to examine in more detail the impact, whether that be a positive impact or a negative impact and errm if we thought there were negative impacts to highlight those and possibly make suggestions as to how the negative impact could be errm mitigated and also we looked at the achievability of the savings because in the past errm savings haven’t always been achieved and that’s presented problems in the year, in the following year.

Errm, following the workshop, further information was requested on errm, modelling the saving around the concessions on leisure could be done differently to perhaps protect some of the most errm disadvantaged children in the Borough and since then I’ve had back a report from Clare Fish which we actually asked if we could look at what the errm the effect on the saving would be for errm children who were in receipt of free school meals if they were still entitled to a swim. Errm and the report I’ve had back from Clare Fish indicates that out of a saving of two hundred and fifty, which and there was comment if you look at the night, there was comment about, about the errm, how that figure was errm obtained, but that we would reduce err, would reduce the saving by fifteen thousand, but we would initiate a cost of two swims annually. Errm, so that’s err, as I said will go forward as well.

Errm and one of the members asked at a later stage, raised an issue around the impact of the changes around the CAMHS contract and errm the information that was received from that has been included in the narrative of the report.

Errm, the report’s already been circulated to members, participants of the Committee which the service support and I’m sure Wendy [Clements] you’ve had a copy as well.

Errm, but if you believe that it has been accepted by them as an accurate reflection of the discussion on the night and I thank all those who’ve attended and took part.

Errm, now I think it’s probably reasonable to say that at this point, Phil [Gilchrist] has submitted an email today which I didn’t really have a chance to look at this morning because I was on grandma duties, but I have looked at it as the day’s gone on and errm, I don’t know whether members of the Committee have had, I have to say Phil [Gilchrist] errm, I do believe that the areas that you’ve highlighted were thoroughly explored at the workshop and the comments errm, of Members are included in the narrative of the report.

I don’t really errm, I wouldn’t like to see this Committee, try to change the work that came out of that workshop. So I mean I’m inclined to say thank you very much for your comment and I’m sure you’d be happy to have that email forwarded to the Cabinet directly from you, but I wouldn’t want to change the errm, narrative of the Families and Wellbeing errm workshop report.

Errm, now obviously if the other people feel differently I’ll have to put that to the vote, but as the Chair of the Families and Wellbeing and the person who signed off the report, errm that’s my view. That points were raised, they were explored, they have been commented on and other consultations that maybe have taken place since, can report in their own way and I’m sure they will, but this is the work of the members of the Families and Wellbeing Committee at that workshop, that night and therefore I don’t wish to change it.

OK, errm, but I’m happy, it was, I’ll take questions on this point.

Cllr Phil Gilchrist (Liberal Democrat spokesperson): Just a comment, if it’s legitimate to receive information later on, which you mentioned earlier about the swimming cost issue, and members are able to get a bit more information on certain issues and they reflected on what’s submitted then it seems equally legitimate, no offence meant at all, to hear what’s been said, concerns that have been raised in other places since and then to reflect on what the Working Party heard and to try and satisfy ourselves as to whether..

Cllr Moira McLaughlin (Labour) (Chair): I understand the point you’re making but I don’t agree with it. Errm, I actually, the points that were raised, one of them was raised on the night by a member of the Committee and the other was raised by a member of the Committee at a later stage. So I think we’re in a different situation to try and use this Committee to change or highlight an area where that was one of the conclusions. Those were a range of concerns that were raised on the night, errm on this issue, but other positive things were put forward as well, so just to highlight those would almost change the emphasis and I understand that you feel strongly and I’m sure that you will make representations and other consultations that are under way will also put their feedback in but that’s for them to do and for those people who are the subject of the consultation to do, not for members of the Families and Wellbeing and that’s, I haven’t got any more to say on it. If you want to put it as a proposal, I’m quite happy to put it to a vote.

Cllr Phil Gilchrist (Liberal Democrat spokesperson): I think Chair, I’m conscious there are a couple of deputies, I’m conscious that there are members who have been working during the day and might not have seen what I circulated and what I did circulate was a fair summary I thought, plus some suggestions and therefore I’m conscious that not everyone might have seen it, but we often suggest things during a meeting that people haven’t seen.

Errm and I’m not sure perhaps if there are members who have seen what I wrote even though it was about ten to midnight last night. If there are members who agree that it’s reasonable to put it forward they might say so and then they might be able to judge the feeling of members because of course I’m sitting here happily on my own, in my own little group as it were, but…

Cllr Moira McLaughlin (Labour) (Chair): As I say, Phil if you want to read out your email and then if you want to move it and get a seconder, errm then we’ll put it to a vote. So if that’s what you want to do, fine! And I’m quite happy to do that!

Cllr Phil Gilchrist (Liberal Democrat spokesperson): I’m getting some indications from members, some members are nodding who have read it that agree with the points that I’ve raised and I’m conscious it’s very lengthy.

For the courtesy of other members would you agree that I should read it out and then members can consider it?

Cllr Moira McLaughlin (Labour) (Chair): Yes, err Ron [Abbey] briefly, because I want to move on!

Cllr Ron Abbey (Labour): I can’t be brief on that because I think we should take the advice of the Chair and I don’t think we should have any email or debate on this.

Cllr Moira McLaughlin (Labour) (Chair): We want to be fair though don’t we? So I want to give Phil [Gilchrist], I mean I’m sure it’s very difficult for Phil [Gilchrist] managing on his own. Errm, and I want to give him the benefit of all our help if I can on this, so you read it out Phil and then if you want to move it as a proposal, put it.

Cllr Phil Gilchrist (Liberal Democrat spokesperson): Thank you for your courtesy Chair.

Cllr Moira McLaughlin (Labour) (Chair): I’m always courteous with you.

Cllr Phil Gilchrist (Liberal Democrat spokesperson): Yes, thank you. I’m always courteous. I’m going to read

Cllr Moira McLaughlin (Labour) (Chair): OK, quickly!

Cllr Phil Gilchrist (Liberal Democrat spokesperson):carefully and modestly.

This meeting of the Policy and Performance Coordinating Committee wishes to highlight the concerns expressed by members of the budget scrutiny working party relating to services offered at Girtrell Court.

During those deliberations it was recognised that “the key challenge is to meet the needs of individuals with what can be provided” and that “assurances were sought about availability and quality of the independent sector provision and also how each person would have their needs assessed”.

It was also reported that, “all respite will be honoured until March 2016, but provision will be continued until all reviews are complete and all users have alternative provision in place”. That’s the quote.

Then I went on to write, “In view of the concerns raised since the working party met, it’s even more important that attention is given to meeting the detailed needs of the families involved.

Services need to be offered at Girtrell Court, until it is clear that a range of providers are in place and lined up to offer services truly tailored to the physical, recreational and emotional needs of the users and are demonstrably appropriate to their ages and circumstances.

In view of the tight timescales that have caused concern the officers and Cabinet need to ensure that the transition to future provision is appropriately managed with clients able to use services at Girtrell Court until such time as alternatives are duly commissioned”.

Cllr Moira McLaughlin (Labour) (Chair): Thank you very much Phil.

Cllr Phil Gilchrist (Liberal Democrat spokesperson): That’s a fair read.

Cllr Moira McLaughlin (Labour) (Chair): and that was well read, errm, yes, Phil, I do want to move to a vote on this and then move on.

Cllr Phillip Brightmore (Labour): I just want to voice some concern that this is being attached to a report that came from the Families and Wellbeing Committee. It just strikes me that this is something that should stand on its own as a proposal if it’s going to be brought forward at all. I was on that Committee and it, I’d like the report to remain as it was.

Cllr Moira McLaughlin (Labour) (Chair): I’m going to put it to a vote Phil so I don’t want everybody around the room giving their opinion because I don’t think it’s needed. Wendy [Clements]? I’ll just going to take one more comment and then I’ll have a vote if Phil wants me to put it to the vote. I’ll draw people’s attention to page fifteen of the report.

Cllr Wendy Clements (Conservative): Thank you Chair. This is a report which is coming to this Committee and so its got our name on it, this particular bunch of people that’s sat here tonight and I would like to say that I will second this.

Cllr Moira McLaughlin (Labour) (Chair): We’ll put it to a vote and then we’ll move on. All those in favour of Phil’s suggestion that we attach that errm email,

Cllr Ron Abbey (Labour): Has he got as seconder for that Chair?

Cllr Moira McLaughlin (Labour) (Chair): Well Wendy [Clements]’s just seconded it! Errm, all those in favour of that, we attach it to the report from Families and Wellbeing. Please show.

6 councillors voted in favour who were:

Cllr Phil Gilchrist (Liberal Democrat spokesperson)
Cllr Adam Sykes (Conservative)
Cllr Steve Williams (Conservative)
Cllr David Burgess-Joyce (Conservative)
Cllr Wendy Clements (Conservative)
Cllr Tom Anderson (Conservative spokesperson)

Cllr Moira McLaughlin (Labour) (Chair): Right and those against?

8 councillors voted against who were:

Cllr Moira McLaughlin (Labour) (Chair)
Cllr Ron Abbey (Labour)
Cllr Phillip Brightmore (Labour)
Cllr Walter Smith (Labour)
Cllr Michael Sullivan (Labour)
Cllr Jerry Williams (Labour)
Cllr Janette Williamson (Labour)
Cllr Irene Williams (Labour)

Cllr Moira McLaughlin (Labour) (Chair): So that is not carried and the report…

Cllr Christina Muspratt (Labour): Sorry, we haven’t asked for abstentions!

Cllr Moira McLaughlin (Labour) (Chair): Sorry ok.

Cllr Christina Muspratt (Labour): Well I’m abstaining because I haven’t had it, I don’t want to have the .. meeting.

Councillor Christina Muspratt abstained.

Cllr Moira McLaughlin (Labour) (Chair): OK, ok, ok, Christine!

Cllr Christina Muspratt (Labour): So I’m abstaining on all this because I’ve not been following the chain.

Cllr Moira McLaughlin (Labour) (Chair): OK, one abstention, but I would ask members to look at page fifteen. So now we move on to.

Cllr Christina Muspratt (Labour): Sorry could I ask a question. I’m sorry Chair but I want to ask a question on page eighteen, the CAMHS service, do we know if the money coming from the government may help with this?

Cllr Moira McLaughlin (Labour) (Chair): Well this is one reason Christina, why I’m saying we won’t be debating these tonight, because we haven’t got the officers here to answer those questions. So if you want to submit a question in your own right on that I suggest you do, but that’s why we’re not debating these proposals tonight and I will now ask Jeanette [Williamson] to give her report.

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.

Why am I still waiting over 6 months later for an answer to my question to Councillor Tony Smith?

Why am I still waiting over 6 months later for an answer to my question to Councillor Tony Smith?

Why am I still waiting over 6 months later for an answer to my question to Councillor Tony Smith?

                                                

Council 15th December 2014 Agenda item 4 Public Question Time John Brace asks a question of Cllr Tony Smith on Lyndale School
Council 15th December 2014 Agenda item 4 Public Question Time John Brace asks a question of Cllr Tony Smith on Lyndale School

The picture above is of myself asking a question of Cllr Tony Smith on the 15th December 2014 last year. Here is my supplementary question to Cllr Tony Smith and Cllr Tony Smith’s reply.

JOHN BRACE: Earlier this year, a further decision about Lyndale School was made by Cabinet on the 16th January. This decision was called in.

The Coordinating Committee couldn’t decide on the call in until Council in February had added two parent governors with voting rights to the Committee.

That was because it was a legal requirement to have at least two parent governors with voting rights on the committee.

Now regulation 7(5) and 7(6) of the Parent Governor Representatives (England) Regulations [2001] state that parent governors representatives cease to be qualified if they fail to attend a meeting for six months and also fail to send an apology.

Now, the Coordinating Committee has met many times over the last six months and I’ve not seen either one of the two parent governors at any public meeting, nor have the minutes reflected that they sent their apologies.

Therefore it seems logical to conclude that it doesn’t have the required two parent governor representatives.

As any decision on the future of Lyndale School could be called in to the Coordinating Committee, how do you propose as Cabinet Member including the voice of parent governors in the current decision and to remedy that situation?

CLLR TONY SMITH: OK, thank you Mr. Brace. I think I will probably have to give you a written report on that development because of the technical nature of the representatives but I will give you a report on the representatives.
 

On the 23rd March 2015, I reminded Councillor Tony Smith that I hadn’t received a response to this question. I received an email from an employee at Wirral Council on the 27th March 2015 asking for a copy of the supplementary question. I replied with a copy of the supplementary question on the 27th March 2015 but have not had a reply to that email.

The papers for the Annual Council meeting (part 2) which is to be held tomorrow evening state “The Families and Wellbeing Policy and Performance Committee currently has four co-optees – there is a statutory requirement to have representatives of the Catholic and Church of England dioceses and of parent governors – who are entitled to vote on education matters. These co-optees should also be appointed to the Coordinating Committee for those occasions when it deals with education matters”.

In a section on the Families and Wellbeing Policy and Performance Committee it lists two parent governor representatives:

Mrs H Shoebridge (until 28 October 2015)
Mrs Nicola Smith (until 8 February 2017)
 

The minutes of the Families and Wellbeing Policy and Performance Committee meetings for the last 6 months show:

23/3/15
Mrs Nicola Smith Co-Optee Absent
Mrs H Shoebridge Co-Optee Apologies

2/2/15
Mrs Nicola Smith Co-Optee Absent
Mrs H Shoebridge Co-Optee Apologies

In the six months before my question being asked on the 15th December 2014 (8/7/14, 9/9/14, 3/11/14 and 2/12/14 Mrs H Shoebridge did not attend any of the meetings of the Families and Wellbeing Policy and Performance Committee nor do the minutes show that she sent her apologies.

So, as there have been periods of six months when both of the parent governor representatives have not attended any of the meetings of the Families and Wellbeing Policy and Performance Committee nor sent their apologies it would seem that both parent governor representatives have ceased to be so.

Regulation 7 means they cease to be qualified to be a parent governor representatives and as Wirral Council is required to have at least two parent governor representatives (see regulation 3), then it should hold an election for the two vacant parent governor representatives.

So isn’t it about time that a councillor queried why elections for the parent governor representative weren’t held after I raised this point back in December 2014 and (more importantly) got officers to commit to holding elections in the near future?

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.

The reasons why Wirral Council’s Lyndale School call in is being delayed

The reasons why Wirral Council’s Lyndale School call in is being delayed

The reasons why Wirral Council’s Lyndale School call in is being delayed

                                  

Labour's Cllr Tony Smith (Cabinet Member for Children and Family Services) explains at a Wirral Council Cabinet meeting why he thinks the Cabinet should agree to consultation on closure of Lyndale School
Labour’s Cllr Tony Smith (Cabinet Member for Children and Family Services) explaining at a Wirral Council Cabinet meeting why he thinks the Cabinet should agree to consultation on closure of Lyndale School (which is the decision that was called in)

I read the Wirral Globe article headlined “Town Hall bungle means Lyndale meeting called off” with interest as it was related to my earlier blog post headlined “Is the Lyndale School call in going to the wrong Wirral Council committee?”.

Basically Wirral Council is stuck (and apologies for the cliché) between a rock and a hard place. Their new constitution states call ins have to be decided by the Coordinating Committee, however a law (The Education (Parent Governor Representatives) Regulations 1999) means it has to be decided by a committee with parent governor representatives on and a previous case Transport and General Workers Union and Hilary Hollington v Wallsall Metropolitan Borough Council [2001] EWHC Admin 452 means that if they went ahead and made a decision on the Lyndale School call in by the Coordinating Committee without any parent governor representatives having a vote as part of that committee’s decision, then such a decision would almost certainly be quashed (based on that bit of case law) by a High Court Judge if any of the parents requested a judicial review.

The only committee that could legally decide the call in (that has parent governor representatives on it) is the Families and Wellbeing Committee (however for it to do so would currently be unconstitutional). There was a meeting scheduled of the Families and Wellbeing Committee for Thursday but it was mysteriously cancelled. If anybody knows what this cancelled meeting was about and if it was related to the call in please leave a comment.

So what happens next? Well the Coordinating Committee will meet on Wednesday 5th February as planned, but at the meeting will probably receive legal advice that they can’t make a decision on the call ins as they don’t have any parent governor representatives on their committee.

To progress with this matter will need a change to Wirral Council’s constitution. Such changes originate as a recommendation by the Standards and Constitutional Oversight Committee first (usually on the advice of Surjit Tour), which next meets on the 24th February. A recommendation would then be made to change the constitution to Budget Council on the 25th February and presuming the change is agreed to, the call in will be decided on the 27th February by the Families and Wellbeing Policy and Performance Committee.

The quote from Cllr Leah Fraser in the Wirral Globe article of “The parents and staff of Lyndale School deserve better than this chaos” is one I agree with. Both the quotes of Cllr Phil Davies and Joe Blott leave out an important point not mentioned, which is that the parent governor representatives will have a vote in the decision over the call ins. I’m not sure if the Diocesan representatives have a vote too (it’s something I’d have to look into), but as far as I recall one of the two Diocesan representative positions on the Families and Wellbeing Policy and Performance Committee is vacant (although an appointment to it could be made at the next Council meeting).

However taking from 16th January (date of the original Cabinet decision) to 27th February (date of the proposed Families and Wellbeing Policy and Performance Committee to consider the call in) is a total of one month and eleven days. Certainly it is not ideal for the parents and staff of Lyndale School to face uncertainty over the outcome for such a prolonged length of time.

What Wirral Council’s constitution currently states on call ins is included at the end of this blog post. Changes to it will need to be made if the Lyndale School call ins are to be made by the Families and Wellbeing Policy and Performance Committee on the 27th February.

The controversial rewrite of Wirral’s constitution (which included changing the call in procedure) happened at an extraordinary meeting of Wirral Council last April.

Here are some quotes from what councillors said at the time back in April 2013 about the constitutional changes which Labour councillors voted for, but Conservative and Lib Dem councillors were opposed to.

Cllr Phil Davies (Labour’s Leader) (who recommended the constitutional changes which included changes to the call in system) said, “What are the aims of the changes we’re proposing? Well we want to clearly improve our governance and decision-making procedures.”

Cllr Jeff Green (Leader of the Conservatives) said, “One of the elements of these changes is to remove the Children and Young People’s and the Adult Social & Health and Wellbeing Scrutiny Committees. Given Wirral’s history …. it seems to me a backward and dangerous step to actually remove any of the scrutiny.”

Former Councillor Darren Dodd (Labour) said, “This is what the people of Wirral have been asking for, for for a very long time.”

Cllr John Hale (Conservative) said, “These proposals should be consigned to the dustbin where they belong”.

Cllr Chris Blakeley (Conservative) said, “Where will it end, what next? Will Wirral be twinned with Pyongyang?”

Cllr Tom Harney (Liberal Democrats) said, “We don’t know where we came from, we don’t know where we’re going.”

Excerpt from Wirral Council’s constitution on call ins

35. Calling in of decisions

(1) All decisions of:
(i) the Executive Board,
(ii) an individual member of the Executive Board or
(iii) a committee of the Executive Board, and
(iv) key decisions taken by an officer;
shall be published, and shall be available at the main offices of the Council normally within 2 days of being made. All members of the Council will be sent a copy of the decision.

(2) That notice will bear the date on which it is published and will specify that the decision will come into force, and may then be implemented, unless the decision is called in for scrutiny by 9a.m. on the Thursday following publication of a decision on Friday. (Adjusted by a maximum of one day in there is one or more Bank Holidays in that period)

(3) (a) During that period, the Chief Executive shall Call-In a decision for scrutiny by the Co-ordinating Committee if so requested by any six members of the Council who have given detailed reasons for the Call-In of the decision. The detailed reasons must be provided by the Lead signatory, by the Call In deadline. When a Call In is requested the Chief Executive shall liaise with the Member listed first on the Call-In schedule, to ensure there is sufficient information provided to enable the Call-In to proceed. As long as there is a clear reason given, the call-in should be allowed. He/she shall then notify the decision-taker of the Call-In. He/she shall call a meeting of the Committee on such date as he/she may determine, where possible after consultation with the Chair of the Coordinating Committee, and in any case within 7 working days of the decision to call-in.

(b) The relevant Chief Officer and all members will be notified of a call-in immediately and no action will be taken to implement the decision until the call-in procedure has been completed. A decision of the Cabinet, a committee of the Cabinet or individual Cabinet member may be called in only once.

(4) Having considered the decision, the Co-ordinating Committee may:-
(i) refer it back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns or;
(ii) refer the matter to full Council. Such a referral should only be made where the Co-ordinating Committee believes that the decision is outside the policy framework or contrary to or not wholly in accordance with the budget. The procedures set out in those rules must be followed prior to any such referral.

(5) If a decision is referred back to the decision making person or body it shall be reconsidered in the light of the written concerns of the Co-ordinating Committee before a final decision is made.

(6) If following a call in, the Co-ordinating Committee does not refer the matter back to the decision making person or body and does not refer the matter to Council, the decision shall take effect on the date of the Co-ordinating Committee meeting. If the Co-ordinating Committee does not meet the decision shall take effect from the date when the Committee should have met.

(7) If the matter is referred to full Council and the Council does not object to a decision which has been made, then the decision will become effective on the date of the Council meeting.

(8) If the Council does object the Council may take a decision, which is outside the policy and budgetary framework. Otherwise the Council will refer any decision to which it objects back to the decision-making person or body, together with the Council’s views on the decision. That decision making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by the Executive Board as a whole or a committee of it, a meeting will be convened to reconsider within ten working days of the Council request. Where the decision was made by an individual, the individual will reconsider within ten working days of the Council request.

(9) Call-in should only be used in exceptional circumstances where members have evidence which suggests that the decision was not made in accordance with the principles of decision making in the constitution.

(10) Call-in and urgency
(a) The call-in procedure set out above shall not apply where the decision being taken by the Cabinet is urgent. A decision will be urgent if any delay is likely to be caused by the call-in process would seriously prejudice the Council’s or the public’s interest. The record of the decision and the notice by which it is made public shall state whether, in the opinion of the decision making person or body, the decision is an urgent one, and therefore not subject to call-in. The Chief Executive must agree both that the decision proposed is reasonably in all the circumstances and to it being treated as a matter of urgency. Decisions taken as a matter of urgency must be reported to the next available meeting of the Council, together with the reasons for urgency.

(b) The operation of the provisions relating to call-in and urgency shall be monitored annually, and a report submitted to Council with proposals for review if necessary.

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks: