Contact:
  • Overview & Scrutiny Team
  • Address:
    Guildhall, Bath, BA1 5AW
  • E-mail:
    srutiny@bathnes.gov.uk
  • Telephone:
    01225 396053
  • Fax:
    01225 477314
  • Minicom:
    n/a
  • Page Updated:
    19/07/2008
  • Author:
    Anna Burgess
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Call in of Executive Decisions

Introduction

'Call in' is a process which enables a prescribed number of members of the Council (including statutory co-opted members) to contribute to a request for an executive decision that has been made but not yet implemented to be reconsidered by the person or body making the decision.

The “Cabinet” decisions

The Cabinet decisions that can be 'called in' are decisions made by:

  • the Cabinet
  • a Cabinet Member
  • a committee of the Cabinet
  • an Officer taking a key decision acting on delegated authority from the Cabinet
  • an area committee
  • a body under joint arrangements

BUT NOT the decisions of quasi-judicial or Regulatory Committees.

 Principles governing the call in arrangements

  • There needs to be an appropriate balance between holding the executive decision-makers to account and the need for effective and efficient executive working.
  • A decision-maker will not be asked to reconsider a decision more than once.

These principles will be taken into account by those determining the validity of a call in request.

 Process of call in

All cabinet decisions are published and are available at the Council offices and on the Council’s web site.  Cabinet decisions made by the Cabinet are published as minutes.  Those decisions taken by individual Cabinet Members are published as a decision register entry.

The publication notice will state the date on which the decision is published and will specify that the decision will come into effect, and may then be implemented, on the expiry of a period of 5 clear working days after the date of publication, unless the decision is called in.

During that 5 clear day period, the Chief Executive shall call in a decision for review if so requested by not less than 10 members of the Council (including statutory co-opted members) signing a notice to that effect.

The call in notice must state why, in the opinion of the councillors, it is considered that the decision should be reviewed and / or reconsidered by the decision-maker(s) and a reason for the call in.

(No member of the Council (or statutory co-opted member) will be entitled to sign up to more than 5 call in requests in a Council year).

The Chief Executive (or the head of Democratic & Legal Services on his behalf) shall determine whether a “call in” is valid (ie whether it has been received within the prescribed period and is signed by the required number of members).  If the call-in is valid, the Democratic Services Manager shall inform the Chair of the relevant Overview and Scrutiny Panel, the Leader and relevant Cabinet Member(s) and the Lead Officer.  The Democratic Services Manager will make arrangements to ensure the decision is not implemented pending determination of the call-in.

The Chief Executive (or his nominee) will report to a meeting of the Overview and Scrutiny Panel which shall be held no later than 10 working days from the date of a valid call-in notice being received.  The Panel may wish to meet informally in advance of the open meeting in order to scope how it wishes to consider the issue.

The Overview and Scrutiny Panel must consider the call-in and may determine the following courses for action:

  1. Dismiss the call-in: the decision shall then take effect immediately; or
  2. Refer the decision back to the decision-making person or body for reconsideration, setting out in writing the nature of the Panel’s concerns.  The decision-making person or body shall then reconsider the matter within a further 10 working days from the date of the Overview and Scrutiny Panel meeting, and may amend the decision or confirm the original decision, giving reasons in either case.

In total, the Panel shall ensure that the period of overview and scrutiny involvement in an individual call-in shall not exceed 21 working days.

 

Exceptions to the call-in arrangements

The call-in procedure set out above shall not apply wher

  • the executive decision is urgent as defined in the Urgency Procedure Rules at part 4 of the Council's Constitution.

The advice of the Chief Executive, Monitoring Officer or (if necessary) the Chief Financial Officer shall be sought in applying this exception.

OR

  • the effect of a call-in alone would be to cause the Council to miss a statutory deadline for action.

Review of call-in arrangements

The Council will keep under review the operation of these arrangements and may make changes to them. Such a review will normally occur at the Annual Meeting of the Council, but may be made in-year if required.