Agenda item

The Officer Scheme of Delegations was presented for Council’s consideration.  Members were advised that the Monitoring Officer had delegated authority to update the Scheme of Delegations to reflect changes to legislation and any amendments to the Scheme that had been agreed during the year.  However, no additional delegations, or amendments to existing delegations, were proposed for Members’ consideration.  The current Scheme of Delegations was proposed by Councillor Matthew Dormer and seconded by Councillor Nyear Nazir.

Reference was made to the respective roles of the Council and Constitutional Review Working Party (CRWP) in determining the content of the Council’s constitution.  Officers confirmed that the Council ultimately made decisions about changes to the constitution, including the Officer Scheme of Delegations, which formed part of the constitution.  However, the CRWP reviewed potential changes to the constitution and made recommendations based on the information gathered which, when presented to Council, enabled Members to make decisions about changes to the content in context.

During consideration of this item, Councillor Bill Hartnett proposed four amendments to the Officer Scheme of Delegation.  These amendments were seconded by Councillor Joe Baker.

The proposed amendments were:

·             At Part 5.05, in respect of the Housing Allocations Policy, it was proposed that future amendments to the policy that were deemed necessary and which would not trigger the statutory obligation to consult with people impacted by the changes, should be determined by the Executive Committee, not Officers.

·             At Part 5.05, in respect of the offer of alternative accommodation to the family of a deceased relative, it was noted that consideration of this matter would inevitably take place at a sensitive time for a family.  In this context, it was proposed that the decision regarding the offer of suitable alternative accommodation to occupants of Council house properties who were relatives of a deceased tenant, should be taken by the Executive Committee and not by Officers.

·             At Part 5.05, in respect of Housing Management Tenancy charges, concerns were raised that the delegation did not specify the charges that would be set or the parameters for setting charges.  For this reason, it was proposed that the decision should be taken by the Executive Committee, not officers.

·             At Part 5.10, in relation to the administration of the Right to Buy scheme, it was commented that there was an urgent need for more social and Council housing in the Borough.  The proposal was therefore made that decisions in respect of the administration of the Right to Buy Scheme should be taken by the Executive Committee rather than Officers.

On being put to the vote the amendments were lost.

A further amendment was subsequently proposed by Councillor Andrew Fry in respect of Part 5.04 of the Officer Scheme of Delegations on the subject of Garden Waste Charges.  This amendment was seconded by Councillor Sharon Harvey. 

The amendment proposed that the decision to set or vary the level of charges for the opt-in chargeable garden waste service, in relation to the overall figure agreed, should be taken by the Executive Committee rather than by Officers.

Members briefly discussed this amendment and, in doing so, commented that the delegation referred to the Head of Environmental and Housing Property Services making a decision on this subject following consultation with the relevant Portfolio Holder for Environmental Services.  Reference was also made to the involvement of Members each year in considering the Council’s fees and charges, which set the parameters in cases where fees could be varied by Officers.

On being put to the vote the amendment was lost.

An amendment was subsequently proposed in respect of Part 5.05 of the Officer Scheme of Delegations by Councillor Juma Begum on the subject of Tenant Recharges.  This amendment was seconded by Councillor Joe Baker.

The amendment proposed that the decision to authorise tenant recharges where works had been carried out and were deemed to be the tenant’s responsibility, should be taken by the Executive Committee rather than Officers. 

In proposing the amendment, Councillor Begum raised concerns that the costs of living were increasing, including the charges for works undertaken on behalf of tenants in these instances, and Member involvement in the decision making process would therefore be appropriate.

In seconding the amendment, Councillor Baker commented that there were concerns that the charges for this type of work could be high.  In this context, it was important to ensure that the Executive Committee was involved in making the decisions.

On being put to the vote the amendment was lost.

A further amendment was proposed by Councillor Sharon Harvey in respect of Part 5.10 of the Officer Scheme of Delegations, concerning the Council Tax Support Scheme.  This amendment was seconded by Councillor Joe Baker.

The amendment proposed that the delegation to officers to carry out statutory consultation on draft Council Tax Support Schemes in accordance with legislative guidance, should instead be determined by the Executive Committee.

In proposing the amendment, Councillor Harvey commented that there was a cost of living crisis impacting on local residents. Members would be held to account for decisions that were taken which could impact on domestic living costs.  In this context, it was important for Members to be involved fully in the decision-making process in respect of the Council Tax Support Scheme.

Consideration was given briefly to this proposed amendment.  Members were asked to note that the delegation provided officers with delegated authority to undertake consultation with the public concerning proposed changes to the Council Tax Support Scheme but did not provide officers with the power to determine the content of the scheme, which remained a Council decision.

On being put to the vote the amendment was lost.

The final amendment debated during consideration of this item, was proposed by Councillor Joanna Kane in respect of Part 5.07 of the Officer Scheme of Delegations concerning the fees and charges for and concessionary use of the civic suite.  The amendment was seconded by Councillor Sharon Harvey.

This amendment proposed that the Executive Committee, rather than Officers, should set and vary the fees and charges for the hire of the civic suite and should also be responsible for agreeing requests for concessionary use of the civic suite.

In considering this amendment, Members commented that the civic suite was hired out to interested parties on a commercial basis.  Bookings of the civic suite had to take into account existing commitments, which were managed by Officers.  The Mayor had some discretion to offer the opportunity for Voluntary and Community Sector organisations concessionary use of the civic suite on a small number of occasions, but advice was always taken from officers regarding such requests.

On being put to the vote the amendment was lost.

RESOLVED that

the current version of the Officer Scheme of Delegations be agreed.