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Officer delegated decisions

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The Openness of Local Government Bodies Regulations require officers to produce a written record of certain decisions they may take.

Which decisions need recording?

A public written record must be produced if the decision would otherwise have been taken by the council, Executive, a committee, sub-committee or joint committee, but has been delegated to an officer either:

  • under a specific express authorisation through the council's Constitution (see appendices 1 and 2) or the Mayor's Executive Scheme of Delegation; or
  • under general authorisation where the decision is to grant a permission or licence; change the legal rights of an individual; or award a contract or incur expenditure which in either case materially affects the council's financial position.

When does a decision need recording?

In terms of whether or not a decision needs formally recording, the following guidance provides further details.

Decisions which need recording

Subject to the previous section as a principle, significant organisational/operational decisions taken in relation to council/Executive functions which are not key decisions and which are not considered to be a routine organisational/operational decisions. These are namely decisions that:

a) are outside of an approved budget;

b) conflict with the Budget and Policy Framework or other approved policies approved by the council; and

c) raise new issues of policy; or

decisions which in the opinion of the Chief Executive, director or assistant director, are of such significance that a published record of the decision would ensure transparency and accountability in relation to decision making within the council.

Other specific examples would include:

  • carrying out major road works;
  • decisions to issue Tree Preservation Orders;
  • changes to charges;
  • determination of licensing applications, building control decisions and notices; and
  • determination of planning applications and listed building consent applications.

View decisions taken by officers (via ModernGov).

Decisions which don't need recording

Subject to the previous section as a principle, routine organisational/operational decisions taken in relation to council/Executive functions which are considered to be neither key or significant and:

a) are within an approved budget;

b) do not conflict with the Budget and Policy Framework or other approved policies approved by the council; and

c) do not raise new issues of policy; or

where the recording of such decisions is already required to be produced in accordance with any other statutory requirement.

Other specific examples would include:

  • decisions taken by council, committees and the Executive;
  • decisions to give business relief to individual traders;
  • decisions to review the benefit claims of an individual applicant;
  • decisions taken in response to requests under the Data Protection Act 1998 or the Freedom of Information Act 2000; and
  • any decision that would disclose confidential/exempt information (see appendices 1 and 2)

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