Key Decisions
The MVDC Constitution defines a key decision as a decision which is likely to:
- Result in expenditure or savings of at least £100,000 or
- Have a specific and significant impact on two or more Wards within the District
Legislation does not specify a monetary amount for a key decision – just that expenditure of savings are significant. What is significant would vary depending on the size of an authority’s budget. Many district councils use £100,000 as the threshold whereas SCC’s threshold is £500,000.
The Council’s Scheme of Delegation allows officers to take such decisions.
The Local Government Act 2000 included specific requirements with regard to the taking and recording of key decisions:
- Notice of any key decision to be taken by either the Cabinet, individual Members or officers must be given in the published Forward Plan; and
- A record of decision in respect of all key decisions taken must be published within specified timescales to allow decisions to be called-in by the Council’s Scrutiny Committee (i.e. by the end of the second working day following the date of decision).
The Forward Plan has to include when a decision will be taken. This is easy for decisions taken by the Cabinet as they will always be taken at a meeting on a specific date. However, the date of an officer decision may be more difficult to specify. Therefore a ‘not before’ date is included in the Plan for any officer key decisions.
Other Officer Decisions
The Openness of Local Government Bodies Regulations 2014 which came into force on 6th August 2014 have introduced further requirements with regard to the recording of officer decisions. However, not all decisions taken by officers need to be recorded.
The requirement to record applies to decisions taken by officers acting under a specific express authorisation (this would include one-off decisions taken by officers under a specific delegation from a meeting of the Executive, etc) and to three categories of decisions taken whilst acting under a general authorisation (i.e. in accordance with the Council’s Scheme of Delegation to Officers):
(1) Decisions to grant a permission or licence
(2) Decisions which affect the rights of an individual (i.e. to change an individual’s legal rights)
(3) Decisions to award a contract or incur expenditure which, in either case, materially affects the Council’s financial position
Any decision taken by an officer under a specific delegation from a Cabinet or Committee meeting must now be recorded. These are one-off authorisations to officers contained in Executive or Committee resolutions.
Many decisions under (1) above (e.g. planning permissions, building control decisions, licencing decisions) are already published. Where decisions are already required to be published by other legislation, they do not need to be recorded again provided the record published includes the date the decision was taken and the reasons for the decision.
Decisions under (3) above are likely to be classified as key decisions and so are covered by the requirements of the LGA 2000 outlined above (i.e. they will be included in the Leader’s Forward Plan and a record of decision published). If any decisions are taken within this category that are not classified as key decisions, i.e. they do not result in expenditure or savings of at least £100,000, the decision will need to be recorded and published.
Officer decisions that do not need to be recorded are routine operational and administrative decisions taken under delegated powers. These could include:
- Decisions on operational matters such as day to day variations in services
- Decisions to review benefit claims of an individual applicant
- Decisions to purchase routine items of stationery
Officer Decision Notice
An officer decision sheet template on which all requisite decisions (both key and non-key) should be recorded can be downloaded here.
The written record of officer decisions must be retained for inspection for 6 years from the date of decision. Background papers should be available for 4 years from the date of decision. This is in line with previous retention requirements of Council/Executive/committee papers and background papers.
Completed decision forms should be sent to Lucy O’Connell in Democratic Services who will arrange for publication. Key decision forms must be published within two working days of the date of decision. Other decision forms will be published monthly.
Guidance Note
The following decisions delegated to Officers must be recorded and, unless they contain exempt or confidential material, published and made available for inspection for a period of 6 years from the date of the decision:
(1) All key decisions – decisions which result in expenditure or savings of at least £100,000 or have a specific and significant impact on two or more Wards within the District
(2) Decisions taken by an officer under a specific delegation from an Executive or Committee meeting (i.e. all one-off authorisations to Officers contained in Executive/Committee resolutions).
(3) Decisions to grant a permission or licence
(4) Decisions which affect the rights of an individual (i.e. to change an individual’s legal rights) (if these decisions are already published they do not need to be recorded again on this form)
(5) Decisions to award a contract or incur expenditure which, in either case, materially affects the Council’s financial position (if these decisions are already published they do not need to be recorded again on this form)
(If decisions under 3, 4 and 5 above are already published they do not need to be recorded again on this form, but must include the date of decision and reasons for decision)
Completed decision forms should be sent to Lucy O’Connell in Democratic Services who will arrange for publication. Key decision forms must be published within two working days of the date of decision. Other decision forms will be published monthly.
Further advice can be obtained from Democratic Services.