Decision making in the council

DECISION MAKING IN THE COUNCIL

Responsibility for decision making

Shepway District Council will issue, and keep up to date, a record of what part of the council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions.

Principles of decision making

All decisions of the council will be made in accordance with the following principles:

a)  Proportionality (i.e. the action must be proportionate to the desired outcome);
b)  Due consultation and the taking of professional advice from officers;
c)  Respect for human rights;
d)  A presumption in favour of openness;
e)  Clarity of aims and desired outcomes;
d)  Reansonableness and basing decisions only on relevant information. 

Types of decision

a)  Decisions reserved to full Council. The full Council will make decisions relating to the functions listed in Article 4 of the Constitution.

b)  Key Decisions:

A key decision is any decision:

 i)  Which is likely to be significant , in terms of its effect on the amenities of, or the quality of service provided to, one or more communities covering one or more wards of the council (including any proposal relating to a document which, when approved and adopted, will form part of the policy framework); or

ii)  Which involves the incurring of expenditure, or the making of savings, by the Council which are anticipated to be in the access of £300,000 (except for any disposals under a tenants right to buy rights) or are likely to be controversial by reason of representations made, or to be made, to the council by persons within the district; or

iii) Where the council is entering into a contractual obligation with a value in excess of £500,000 (except for any disposals under a tenant's right to buy rights); or

iv) For the acquisition or disposal of land or property with a value of over £500,000 (except for any disposal of land or property with a value of over £500,000 (except for any disposals under a tenant's right to buy rights).

c) Non Key Decisions:

A decision will not be a key decision if it relates to expenditure, income or savings that:

i)  Has been approved previously by the full Council; or

ii)  Has been approved previously following compliance with the key decision procedure; or

iii) Is in accordance with the current Treasury Management and Investment Strategy of the Council.

A decision maker may only make a key decision in accordance with the requirements of the Cabinet Procedure Rules set out in Appendix 4 of the council's Constitution and the Access to Information Procedure Rules set out in Appendix 7 of the Constitution.