How Does the Council Take Decisions and How Do I Find out what's Going On?
- Our guiding principles when we make decisions.
- Types of decisions the Council makes.
- Your rights to attend Council meetings and find out what's going on Your rights to attend Council meetings and find out what's going on.
- Records of Cabinet decisions.
Decision Making Principles
Our constitution contains a set of principles to guide all decisions the Council takes:- Proportionality - the action must be proportionate to the desired outcome. This means the course of action we take must be appropriate to the problem or issue we are addressing. Or in other words "you don't need a sledgehammer to crack a nut".
- Due regard to all relevant and material considerations and disregard of irrelevant considerations. This means that when the Council's officers ask the Council's decision making bodies to make a decision, they have to make councillors aware of all the relevant factors and guide them away from irrelevant considerations.
- Due consultation and the taking of professional advice from officers. This means that our decisions affect others we should seek their views. Likewise when councillors make decisions, they should consult and take professional advice from the Council's officers.
- Respect for human rights. This means that when we make decisions we have to respect and protect the rights of people and individuals under the Human Rights Act.
- A presumption in favour of openness. The law allows the Council to take decisions in private but in general we will tend to be open - flagging up in advance that we intend to make a decision, making decisions in public meetings and publicising what has been decided.
- Clarity of aims and desired outcomes. We have to be clear what we want to achieve and what the intended effect or outcome should be. This helps us to make more effective decisions and also helps people to judge whether the decisions we have taken are effective and appropriate or not.
- The giving of reasons for decisions. We have to explain the reasons why we have made a particular decision. Reasons for decisions taken by the Cabinet are formally recorded in a "record of decision", so that you can see why the Cabinet has decided to take a particular action.
Types of Decision
In broad terms, the Council takes four types of decision:- "Normal" decisions made by Cabinet. - The day-to-day decisions associated with implementing the Council's agreed budget and policy framework.
- "Key" decisions made by Cabinet. - A decision which is likely to result in the Council incurring significant expenditure or savings, or to have a significant impact on communities in an area comprising two or more electoral divisions. Where expenditure or savings are already included within the Council's agreed policy and budget framework, they are not considered to be key decisions. Key decisions can only be taken if the intention to take them has been published in advance in the "forward plan".
- "Non-executive" decisions made by other committees. - Decisions which the Cabinet cannot legally take. In the main these relate to regulatory powers and functions, such a planning applications and staffing matters.
- Decisions about plans and strategies which make up the Council's "Policy Framework".The "Policy Framework" is made up of all those formal plans and strategies which set out the policies the Council is going to pursue in relation to the main services it provides and functions it is responsible for. The full County Council is the ultimate decision maker for these major plans and strategies.
Record of Decisions
Within two working days of any meeting of the Cabinet, we will produce a record of the decisions taken at the meeting. The record will include a statement of the reasons for each decision and any alternative options considered and rejected by the Cabinet in coming to their decision.The record will be published and made available to members of the Council's Overview and Scrutiny Committee so that they can consider whether to ask the Cabinet to think again.
We publish records of decisions electronically by adding an agenda item (always referred to as item "A0") to the papers for each Cabinet meeting.
Hard copies of the records are also available from:
Director of Corporate Services
Durham County Council
County Hall
Durham
DH1 5UL
Tel: 0191 383 3680
Email: Corporate Services
Development timetables for strategy/plans
When we develop plans or strategies which form part of the Council's Policy Framework, we will publish a timetable which sets out when we will be taking decisions and how we intend to consult people on our proposals, and over what period of time.We publish the development timetable and consultation arrangements in our forward plan.
Your rights to attend Council meetings and find out what's going on
You can attend Council meetings and listen to the debates, except where we are discussing confidential items, such as issues relating to individual people or members of staff. These are referred to as "Part B" items on the agenda for the meeting.Most of the meetings are held in County Hall. A forward diary of meetings and agendas is published elsewhere on our website.
Our forward plan flags up what key decisions and major plans and strategies we will be considering during the next four months.
At most meetings you can attend and listen, and ask questions with the Chairman's agreement. At meetings of the Full Council, you can put up to three questions to members of the council's Cabinet about the County Council and the services it provides. These meetings take place three times a year, in August, November and February. You can see the responses to public questions from previous meetings.
You will need Adobe Acrobat Reader to view this information.
If you wish to ask a question, please write or e-mail us with your question at least three working days before the date of the Full Council meeting. However, if you could give us more notice than this, we can help you to prepare your question or offer you general advice or information in order to make it a more meaningful experience for everyone.
Please contact us at the address below:
Bill McKibbin
Corporate Services
Durham County Council
County Hall
Durham
DH1 5UL
Tel: 0191 3833507
Email publicquestions@durham.gov.uk
