The framework for Cabinet decisions
The Council is responsible for adopting its Budget and Policy Framework, following the rules in this Constitution. Once the Framework is in place, the Cabinet is responsible for implementing it.
Process for developing the framework
The Budget and Policy Framework is developed through the following process.
- The Cabinet will publish a timetable for proposing any plan, strategy, or budget that forms part of the Budget and Policy Framework including details of how consultation will take place after the initial proposals are published (such as including it in the Forward Plan, making it available at the council’s offices, and publicising it through methods such as the council’s website and local press). The Chairman of the Overview and Scrutiny Committee will also be notified. The consultation period must be at least 8 weeks.
- After the consultation period ends, the Cabinet will decide on firm proposals, taking into account the responses received. The Overview and Scrutiny Committee may respond during the consultation and, as it manages its own work programme, may investigate, research or produce detailed reports with policy recommendations before the consultation ends.
- The Cabinet will consider any response from the Overview and Scrutiny Committee when finalising its proposals. Its report to the Council will include comments from consultees and the Cabinet’s response to those comments.
- Once the Cabinet confirms its proposals, the Proper Officer will refer them to the Council for a decision as soon as possible.
- The Council may:
- adopt the Cabinet’s proposals,
- amend the proposals
- refer the proposals back to the Cabinet for further consideration
- provide its own alternative proposals
- If the Council accepts the Cabinet’s proposals without changes, it can make a decision that takes effect immediately. If the Council makes any changes, it can only make an in-principle decision. In both cases, decisions are made by a simple majority vote at the relevant meeting.
- The decision will be publicised according to the access to information procedure rules, and a copy will be given to the Leader.
- An in-principle decision will become effective 5 working days after the Council’s decision, unless the Leader objects in writing within that time and explains why.
- If the Leader objects, the Proper Officer will call a Council meeting as soon as possible. The Council must reconsider its decision and the Leader’s written objection.
At that meeting, the Council may:- approve the Cabinet’s recommendation by a simple majority vote
- approve a different decision that does not match the Cabinet’s recommendation, also by a simple majority
- The final decision will be publicised according to the access to information procedure rules and will be implemented immediately.
- Any other changes to the Budget and Policy Framework are reserved for the Council.
Decisions outside the Budget or Policy Framework
The Cabinet, officers or any joint arrangements carrying out executive functions can only make decisions that follow the Council’s approved Budget and Policy Framework.
If they want to make a decision that goes against the Policy Framework or the approved Budget, only the Council can make that decision – unless it’s urgent and falls under the rules for ‘urgent decisions outside the Budget or Policy Framework’.
In these cases, they must get advice from the Monitoring Officer and/or the Chief Finance Officer to confirm whether the decision would go against the Budget or Policy Framework.
If either officer advises that the decision is not in line with the Budget or Policy Framework, it must be referred to the Council — unless it’s urgent, in which case the special rules for urgent decisions apply.
Urgent decisions outside the Budget or Policy Framework
The Cabinet, its Committees, officers or joint arrangements can make a decision that goes against the Council’s approved Budget or Policy Framework only if it’s urgent.
This can happen only if:
- it’s not practical to hold a properly attended (quorate) Council meeting
- the Chair of the Overview and Scrutiny Committee agrees the decision is urgent
The record of the decision must include:
- reasons why a full Council meeting couldn’t be held
- the Chair of the Overview and Scrutiny Committee’s consent for the urgent decision
If the Chair is unavailable, the Mayor can give consent. If both are unavailable, the Deputy Mayor may do so.
After the decision is made, the decision-maker must submit a full report to the next Council meeting explaining:
- what the decision was
- why it was made
- why it was treated as urgent
Call-In of decisions outside the Budget or Policy Framework
If the Cabinet makes or plans a decision that goes against the Council’s Budget or Policy Framework, the Overview and Scrutiny Committee can ask the Monitoring Officer or Chief Finance Officer for advice.
If the decision is a Cabinet responsibility, their report goes to the Cabinet and all Council Members.
The Cabinet must meet to decide what to do and prepare a report to the Council if the advice says the decision was not in line with the Budget or Policy Framework.
If the advice says the decision is within the framework, the Cabinet must prepare a report to the Overview and Scrutiny Committee.
The Overview and Scrutiny Committee can refer the matter to the Council in any of the following cases:
- if the decision hasn’t been made yet
- if the decision has been made but not implemented, and the advice confirms it’s not in line with the Budget or Policy Framework.
In these cases, no further action is taken until the Council meets to consider the issue. The Council may do one of the following:
- approve the decision as within the framework
- change the council’s financial regulations or policy to allow for the decision or proposal
- ask the Cabinet to reconsider it based on the advice received
More information
To learn more about procedure rules see the full document: