Agenda item

Purpose: To provide an update regarding the work undertaken by the Constitution Review Task Group (“CRTG”) and to propose the approval of the proposed constitutional updates detailed in this report.

Nikki Thomas (Service Lead - Legal & Democratic) presented the proposed amendments to the Constitution (Agenda Item 9).

During the debate the following points were discussed:

·       It was noted that the software used to compile committee agendas had automatically accepted tracked changes for the Part 11 update, so these did not show in Appendix A - a corrected version had been published within the supplementary agenda pack.

·       A question was asked about the proposed exclusion of certain social care placements from Key Decision requirements. It was explained that while initial placement costs usually fell within delegated authority limits, expenditure could mount up over time. The intention was to allow placements to be secured quickly (as delays for formal Executive approvals could result in losing placements), while adding additional safeguards (i.e., multiple layers of authorisation, including Chief Executive sign-off).

·       A further question was asked about transparency and monitoring of such arrangements. It was confirmed that these were recorded as written officer decisions and could therefore be monitored.

·       A question was asked about how members and officers would be made aware of the updated Constitution once implemented and what training was provided. It was noted that changes to the Scheme of Delegation largely reflected current practice; officers could seek advice from the Monitoring Officer or deputies as needed. Also, the Constitution was covered as part of the staff induction process.

·       The Committee asked about how the Constitution was accessed. It was explained that it was published to the Council’s website in individual sections and also as a single PDF document.

·       It was noted that the Task Group guidance would be discussed at the Resources and Place Scrutiny Committee meeting on 29 June, with feedback to be considered before submission to Council.

·       Thanks were expressed to the Officers and Members who had been involved in updating the Constitution over a long period of time.

RESOLVED: that

(a)    Part 11 Scheme of Delegation be updated in accordance with the changes detailed in Appendix A to reflect the changes to Senior Management within West Berkshire Council and guidance.

(b)    Part 5 – Executive Rules Key Decision threshold be affirmed at £500,000 but that social care placements should be excluded from key decisions as set out in Appendix B

(c)    Task Group Guidance (Appendix C) be formally added to the Constitution with amending Part 6 para 3.4 with the addition of: ‘3.4.3.3 shall adhere to the Task Group guidance appended’.

(d)    Deletion of Health and Wellbeing Board sub-bodies that have been dissolved or no longer meet in public.

(e)    Update to Part 6 sub part 6 Audit and Risk Committee terms of reference 4.1 to add: To consider and make recommendations to the Council on proposed changes to the Constitution.