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Cabinet giving reasons for rejection of Scrutiny recommendations
22-03-2010, 09:58 AM
Post: #1
RE: Cabinet giving reasons for rejection of Scrutiny recommendations
scrutinyguy Wrote:Does your council have a formal procedure whereby Cabinet gives Overview and Scrutiny the reasons why they have not accepted a recommendation in a scrutiny review?

Do you have a mechanism, in addtion to publication of Cabinet Agendas and Minutes whereby councillors are provided fast feedback after each Cabinet meeting to ensure the call-in procedure can be followed if required?

Thanks

Ted

Your first question's covered by Section 122 of the 2007 Act, so you may be able to save yourself writing a procedure of your own.
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22-03-2010, 02:10 PM
Post: #2
RE: Cabinet giving reasons for rejection of Scrutiny recommendations
Thanks Nick. This is very helpful. I had a look at the Local Government and Public Involvement in Health Act 2007 as to how it can be used to request reasons for not accepting recommendations.

Section 122 (3) states that

The overview and scrutiny committee must by notice in writing require the authority or executive -
(a) to consider the report or recommendations,
(b) to respond to the overview and scrutiny committee indicating what (if any) action the authority propose, or the executive proposes, to take

As you pointed out in our subsequent chat, a scrutiny report can have a final paragraph that reads along the lines of "In the event the Executive does not accept any of the above, this committee be advised in each case of the reasons for any such rejection" The Executve then presumably has to consider that and respond.

Ted
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23-03-2010, 02:27 PM
Post: #3
RE: Cabinet giving reasons for rejection of Scrutiny recommendations
In Tameside once a Scrutiny Review Report has been presented to Council, an Executive Response form is sent to the executive member and their chief officer. This eform contains certain headings against each recommendation and requires the executive member to indicate whether the recommendation is accepted or rejected and give the reasons. Examples of completed forms can be viewed on the Tameside scrutiny web site.

The Executive Response is very useful as the basis for (you have guessed it) a good follow up to see what the out comes are of the report.
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