Individual Cabinet members can take decisions if they meet the criteria outlined below. Otherwise, the decision must be made by the Cabinet. Democratic Services will manage the individual decision-making process in the same way as Cabinet decisions.
The process
If a decision is to be taken by an individual Cabinet member, the following process must be followed:
- Draft reports must be prepared containing the same level of information as would be contained in reports to the Cabinet. They must consider alternative options and the reasons for selecting the preferred option.
- The Chief Executive, Strategic Directors, Statutory Officers and other relevant officers must see all draft reports and be given the opportunity to comment on them.
- Final reports will be prepared and must be available for publication to allow a minimum of 5 clear working days before the decision is to be taken in line with the access to information procedure rules.
- Reports will be made publicly available in the same way as Cabinet agenda.
- Individual Cabinet members will take decisions at the Civic Centre on the appointed day and in line with a published schedule of dates. Decisions cannot be taken over the telephone, by letter or by email.
- When decisions are taken, the relevant Strategic Director and/or senior officers will be present together with a legal officer, Democratic Services officer and where appropriate, a finance officer.
- Meetings are open to the press and public, unless the report contains exempt/confidential information as defined in the Local Government Act 1972.
- Decisions are recorded in the same way as Cabinet minutes and record the reasons for the decision and any alternative options considered and rejected by the decision-maker.
- Decisions are published within 4 working days of being made in the same way as Cabinet minutes.
- Decisions are subject to call-in and therefore cannot be implemented until 9 working days following the meeting (if they are not called in).
- Decisions that are called-in will be dealt with as if they were Cabinet decisions that had been called-in and will be referred to the Overview and Scrutiny Committee in line with established procedure
Responsibilities for Cabinet functions that can be exercised by individual Cabinet members
Any Cabinet member can exercise the following functions within their portfolio area:
- agreeing annual reports
- monitoring performance of the service
- approving bids from external bodies
- agreeing concordats or statements of intent with other parties
- agreeing annual service plans
- agreeing responses to consultation documents
- approving proposals for public consultation
- acknowledging/being aware of the implications of new/proposed legislation
- approving minutes of advisory groups, working groups and other similar bodies
- references up from Overview and Scrutiny Committee on performance management and related issues
- reviewing plans, policies and strategies not forming part of the Council’s Budget and Policy Framework
- considering reports from officers and issuing of directions in matters of routine service management not involving key decisions
- approving grants over £20,000 up-to and including £100,000
The Cabinet member whose portfolio includes asset management has:
- the power to acquire or dispose of any land or property with a capital value below £500,000 except by use of compulsory powers or in advance of identified requirements
- the power to take or grant a lease or licence or any wayleave or easement of or over any land or property for any period of a value of £250,000 (excluding VAT and costs) or above
- the power to settle compensation for the loss of interests in land up to a maximum of £500,000 per interest where in the approved capital programme
The Cabinet member whose portfolio includes finance can:
- write-off of irrecoverable debts (excepting debts for Council Tax, Non-Domestic Rates, Housing Benefit or up to 4 months’ rent from a tenanted property, which are delegated to an officer) between £2,000 and £10,000 and which are covered by the council’s provision for bad debts
The Cabinet member whose portfolio includes car parking can:
- approve suspensions of parking charges, or variations to periods of maximum stay in council car parks, in the following circumstances:
- in response to ad hoc requests from local groups to support community events
- to encourage and support business trading during the Christmas period up to a maximum of 3 concessionary days
- in response to changes in local parking needs
- approve limited minor adjustments to parking charges for the better utility of a car park
- extend car park charging period by one or more hours at the beginning or the end of the day where typical occupancy use is 30% or higher
- reduce car park time-limits by one hour before introduction of parking charge increase following capacity review
Any decisions delegated to individual Cabinet member decision making is subject to the following limitations:
- the decision must be consistent with the Budget and Policy Framework and corporate strategies
- the following are not included in the delegation:
- matters reserved to Council as part of the Budget and Policy Framework
- matters delegated to officers under the officer scheme of delegation
- matters delegated under a joint arrangement
- matters that the Leader and/or Cabinet have reserved to the Cabinet or are subject to any guidance they have given
- provisions in the constitution including financial procedure rules and contract standing orders
- consultation with other Cabinet members where appropriate
- the right for the individual Cabinet member to refer the matter to Cabinet if they wish
- the matter being referred to the Cabinet where there is a dispute between the Cabinet member authorised to take the decision and another Cabinet member
Where an individual Cabinet member is unable to act due to conflict of interest, illness or absence, another member of the Cabinet can exercise the function on their behalf.
More information
To learn more about codes and protocols read the full document:
Document