AT A MEETING of the CABINET of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 25 September 2006.

Chairman:

p Councillor T.K. Thornber, CBE

Councillors:

p	Mrs P.G. Banks	p	D.A. Kirk
p	C.R.H. Davidovitz	p	R. Perry
p	J.K. Glen	p	Mrs M.D. Snaith
p	Felicity Hindson, MBE	p	M.J. Woodhall
p	M.J. Kendal

Also present: Councillor Mrs E.M. Byrom; A.P. Collett; B.D. Dash; Dr. R.J. Ellis and Mrs C.A. Leversha

177. APOLOGIES

No apologies were received.

178. DECLARATIONS OF INTEREST

Members were mindful that, where they believed they had a personal or personal prejudicial interest in any matter to be considered at the meeting, they should normally at the time of the debate, declare their interest, and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter was discussed.

179. MINUTES

The minutes of the meeting held on 24 July 2006 were confirmed as a correct record subject to recording the attendance of Councillor A.P. Collett for minute 170 onwards.

180. CHAIRMAN'S COMMUNICATIONS

There were no communications.

181. DEPUTATIONS

There were no deputations.

182. REVISIONS TO THE COUNTY COUNCIL'S CONSTITUTION

The Cabinet considered the report of the Chief Executive (Item 6 in the Minute Book) detailing proposed revisions to the County Council's Constitution (substantive revisions set out as appendices 1-4 attached to the decision sheet). The Chief Executive expanded on the report and highlighted the key changes, which were as a result of the Democratic Review, and to reflect operating procedures and statutory requirements.

The Cabinet agreed to defer the item to a working group comprising the Chief Executive, the Leader and Councillor Felicity Hindson for more detailed consideration, and gave them the authority to take the decision on behalf of the Cabinet. The working group subsequently met and took their decision, the substantive version of which is attached to these minutes as Appendix 7.

183. 2007/08 TO 2009/10 PROVISIONAL REVENUE BUDGET AND CAPITAL PROGRAMME GUIDELINES

The Cabinet considered the report of the County Treasurer (Item 7 in the Minute Book) outlining the proposed provisional budget guidelines for 2007/08 and indicative guidelines for 2008/09 and 2009/10 as the basis for public consultation on budget options. The guidelines would also allow Executive Members to develop budget proposals for the Cabinet to consider at a later date. The County Treasurer expanded on the key elements of the report, including the implications of rising costs in respect of the waste management contract; pay and benefits realisation savings; further work in respect of Hampshire Direct; efficiency improvements; take up of supported borrowing; pressure on Children's Services budget and the latest position with the Adult Services budget.

The Leader of the County Council reported that the County Councils' Network was due to meet soon with Ruth Kelly, the Secretary of State for Communities and Local Government, to put the case for the capping regime to be lifted which is having a detrimental effect on many local authorities. The Cabinet expressed strong concerns about the pressures local authorities, such as Hampshire are faced with, and in particular the lack of adequate grant support by the Government. The Cabinet were determined to continue to fight for a better funding deal and to continue to pursue an open dialogue with the Government.

The Cabinet adopted the recommendations set out in the report with an additional resolution that the public be consulted on a 2.5% or 4.9% council tax increase. A copy of the decision sheet is attached to these minutes as Appendix 1.

184. PROPOSAL FOR A JOINT COUNCIL TAX LEAFLET WITH OTHER HAMPSHIRE AUTHORITIES

Councillor M.J. Kendal declared a personal interest in this item as Leader of New Forest District Council and co-author of the joint council tax leaflet.

The Cabinet considered the report of the County Treasurer and Chief Executive (Item 8 in the Minute Book) outlining a proposal to produce a joint council tax leaflet with Hampshire Police Authority, Hampshire Fire and Rescue Authority and Hampshire district councils. The County Treasurer expanded on the report and highlighted that the aim of the joint leaflet was to reduce costs and improve communication with council taxpayers in Hampshire.

The Cabinet were supportive of the proposal, which was a good example of the County Council working in partnership with district councils in Hampshire. Members expressed a number of views on the consolidated nature of the leaflet and its design, and the need for it to be transparent and understandable to everyone. Members also expressed a hope that all the district councils in Hampshire would take part in the joint initiative in the future.

The Cabinet adopted the recommendations set out in the report with the additional resolution that following the introduction of the new style leaflet consumer feedback be monitored. A copy of the decision sheet is attached to these minutes as Appendix 2.

185. LOCAL GOVERNMENT PENSION SCHEME (LGPS): NEW LOOK LGPS

Councillor J.K. Glen declared a personal prejudicial interest as a financial services consultant and Councillor M.J. Kendal declared a personal prejudicial interest as a pension fund manager for private enterprise. Both Councillors left the meeting for the duration of the discussion on this item.

The following Councillors declared a personal interest as members of the Local Government Pension Scheme: Councillors Mrs P.G. Banks, A.P. Collett, Felicity Hindson, D.A. Kirk, R. Perry, T.K. Thornber, and M.J. Woodhall as did the Chief Executive, County Treasurer, Director of Property, Business and Regulatory Services and other officers present.

The Cabinet considered the report of the County Treasurer (Item 9 in the Minute Book) detailing the consultation options issued by the Government for a new look Local Government Pension Scheme from April 2008. The County Treasurer expanded on the report and drew Members attention to the recommendations of the County Council's Pension Fund Panel, which were put forward as the proposed response to the consultation. The County Treasurer expanded on the report and answered Members detailed questions.

The Cabinet adopted the recommendations set out in the report, which would be submitted to the Government to meet the consultation deadline of 29 September 2006. A copy of the substantive decision sheet is attached to these minutes as Appendix 3.

186. ANNUAL SUSTAINABILITY REPORT

The Cabinet considered the report of the Director of Environment (Item 10 in the Minute Book) setting out sustainability achievements during 2005/06 and recommending a new approach to the setting of sustainability targets for 2006/07. This report was initially considered by the Cabinet on 24 July 2006 but was deferred to allow for further consideration of the report and to review the original ratings for "Local action for Health" (paragraph 7 of Appendix 1 to the report - Hampshire County Council's Aalborg Commitments baseline review results). The Director of Environment's representative confirmed that a Member/officer working group had been convened to review the ratings and that this group had identified further evidence which changed the score awarded for "Local Action for Health". This led to the overall result being increased from 1.96 to 2.02 out of 4 which in turn resulted in a further change in the proposed improvement target to reflect this higher baseline.

The Cabinet adopted the recommendations set out in the report. A copy of the decision sheet is attached to these minutes as Appendix 4.

187. KATE BARKER REVIEW - INTERIM REPORT

The Cabinet considered the report of the Director of Environment (Item 11 in the Minute Book) setting out the key points of the interim report of Kate Barker who has been commissioned by the Government to review the planning system in England. The Deputy Director of Environment expanded on the report and particularly outlined the background to the proposed response of the County Council as detailed in section 4 of the report. The proposed response focused on key areas of the review in which the County Council has particular experience, either historically or in the context of day-to-day operations and hence can put forward an authoritative view.

During the course of the ensuing discussion, Members expressed concerns about the absence of a national policy framework, unnecessary bureaucracy which hampers the planning application process, issues relating to the supply of land for employment purposes, and the importance of maintaining democratic and local accountability.

The Cabinet adopted the recommendations set out in the report subject to some strengthening and expansion of the points recommended for inclusion in the response in order to present a clear and robust submission. A copy of the decision sheet is attached to these minutes as Appendix 5.

188. A PRECIS OF THE DEPARTMENT OF HEALTH'S `GUIDANCE ON THE STATUTORY CHIEF OFFICER POST OF DIRECTOR OF ADULT SOCIAL SERVICES' AND THE SUPPORTING BEST PRACTICE GUIDANCE, MAY 2006

The Cabinet considered the report of the Director (Item 12 in the Minute Book) summarising the key points of the Department of Health's guidance on the statutory chief officer post of Director of Adult Social Services (DASS). The Director of Adult Services expanded on the report and highlighted that the County Council had already met a number of the requirements set out in the statutory guidance and was well placed to meet other requirements such as implementing a robust budget monitoring process which is currently underway as part of the overall Adult Services recovery plan.

During the course of the ensuing discussion, Members expressed a number of concerns about certain elements of the guidance, such as the lack of democratic accountability and unreasonable levels of statutory duty in some areas being placed on the local authority. Furthermore, Members emphasised the need for the guidance to put a legal duty on other agencies, particularly schools and general practitioners, to co-operate with the County Council whilst discharging its responsibilities.

In conclusion of a full discussion, the Cabinet adopted the recommendations set out in the report together with a number of additional resolutions as set out in the substantive decision sheet attached to these minutes as Appendix 6.

	Hampshire County Council Amended decision
	Cabinet		Appendix 1
	25 September 2006
	2007/08 to 2009/10 - Provisional revenue budget and capital programme guidelines
	Report of the County Treasurer

Contact: Jon Pittam, (01962) 847400; [email protected]

1 Summary

1.1 This report proposes provisional budget guidelines for 2007/08 and indicative guidelines for 2008/09 and 2009/10 as the basis for public consultation on budget options and for Executive members to develop budget proposals for consideration by the Cabinet. Provisional guidelines for 2007/08 can be set at an earlier stage than normal in this budget cycle as the Government announced a two year grant settlement last December covering 2007/08 as well as 2006/07.

1.2 The following decisions were made:

i) To approve service budget guidelines for 2007/08 as set out in Table 5

ii) To approve indicative service budget guidelines for 2008/09 and 2009/10 as set out in Table 7

iii) To approve provisional capital programme guidelines for 2007/08 to 2010/11 as set out in Tables 8 and 9

iv) To request executive members to submit budget and capital programme proposals in accordance with the guidelines in i), ii) and iii) for the Cabinet to agree a recommendation to the County Council in February 2007

v) For the public to be consulted on a 2.5% or 4.9% council tax increase for 2007/08.

2 Reasons

2.1 The Cabinet needs to review the provisional budget for 2007/08 agreed in February 2006 in the light of subsequent developments and to set a financial planning framework for 2008/09 and 2009/10.

2.2 Consideration of the report supports the corporate strategy in providing the budget guidelines for services for:

· Hampshire safer and more secure for all

· maximising well being

· enhancing our quality of place

3 Other options considered and rejected:

3.1 None.

4 Conflicts of interest declared by the decision maker or other Executive member consulted

4.1 None.

5 Dispensation granted by the Standards Committee

5.1 Not applicable..

6 Reason(s) for the matter being dealt with if urgent

6.1 Not applicable.

Approved by: Date:
Councillor T K Thornber, CBE

.	Hampshire County Council Amended decision
	Cabinet		Appendix 2
	25 September 2006
	Proposal for a joint council tax leaflet with other Hampshire authorities
	Report of the County Treasurer and Chief Executive

Contact: Jon Pittam (01962) 847400; email: [email protected], Keith Kerslake (01962) 847317; [email protected]

1 Summary

1.1 This report presents a proposal for producing a joint council tax leaflet with Hampshire Police Authority, Hampshire Fire and Rescue Authority and Hampshire district councils. The aim is to reduce the cost and improve the way the County Council communicates with council taxpayers.

1.2 The following decisions were made:

1.3 (a) That the Cabinet supported the development of a joint council tax
leaflet with other authorities in Hampshire for 2007/08

(b) That following the introduction of the new style leaflet consumer
feedback be monitored

2 Reason

2.1 The proposal presents an opportunity to make a small saving in cost and improve public perceptions of the County Council and other public services by demonstrating successful partnership working, improved communication and efficiency.

2.2 Consideration of the report supports the corporate strategy in making decisions on the council tax leaflet publicising the budget which provides funding for:

· Hampshire safer and more secure for all

· maximising well being

· enhancing our quality of place.

3 Other options considered and rejected:

3.1 Not applicable

4 Conflicts of interest declared by the decision maker or a member or officer consulted

4.1 Not applicable.

5 Dispensation granted by the Standards Committee

5.1 Not applicable.

6 Reason(s) for the matter being dealt with if urgent

6.1 Not applicable.

Approved by: ................................... ... Date: ......................

Councillor T. K. Thornber, CBE

	Hampshire County Council
	Cabinet		Appendix 3
	25 September 2006
	Local Government Pension Scheme: new look
	Report of the County Treasurer

Contact: Jon Pittam, (01962) 847400; [email protected]

1. Summary

1.1 This report sets out the proposed response to the Government's consultation on options for a new look local government pension scheme (LGPS) from April 2008. It contains the draft recommendations for the Hampshire Pension Fund to respond to the consultation deadline of 29 September 2006. The options are also presented to the Cabinet to discuss the issues and to make any alterations or suggestions it wishes as a separate employer in the Fund.

1.2 The following decision is sought.

Cabinet is asked to endorse or amend the recommendations of the Hampshire Pension Fund Panel, in response to the consultation as an individual employer in the Fund as follows:-

(a) That Option A is supported as the Hampshire Pension Fund's response to the Government consultation, and that the proposed response in Appendix 1 be submitted to Government by 29 September, subject to any further comments the Panel wish to make

(b) Flexible retirement variations are accepted, as long as they are cost neutral

(c) The employee contribution rate is increased to 7% for all contributors

(d) A 1:2 employee/employer contribution ratio should be adopted in the longer term to cover the full cost of Option A

(e) A future cost sharing mechanism is not supported

2. Reason

2.1 The Cabinet is interested in the outcome of the consultation exercise and its impact upon the recruitment and retention of its staff in the LGPS, and the potential impact on council tax payers.

2.2 The LGPS is a key recruitment and retention tool for the County Council and therefore supports the delivery of the Corporate Strategy.

3. Other options considered and rejected - None

4. Conflicts of interest declared by the decision maker or other Executive member consulted - None

5. Dispensation granted by the Standards Committee - Not applicable

6. Reason(s) for the matter being dealt with if urgent - Not applicable

Approved by: Date:
Councillor T. K. Thornber, CBE

Hampshire County Council Cabinet 25 September 2006 Annual Sustainability Report Report of the Director of Environment

Appendix 4 Item 10

Contact: Mike Bridgeman, ext 5832 email: [email protected]

1. Summary

1.1 The following decisions are sought:

(i) That a target is set to improve the County Council's overall Aalborg Commitments score from 2.02 to 2.1 out of 4 by the end of 2008/09, based on the actions set out in Appendix 4.

(ii) That the priorities for improvement are those Aalborg Commitments listed in Appendix 4, with the highest priority being Commitment number 2.4.

(iii) That the 2.5% reduction targets for the County Council's own headline environmental resource use indicators, business mileage, water and energy consumption continue for 2006-07.

2. Reason

2.1 To report on corporate sustainability performance during 2005/06, and recommend a new approach to target setting for 2006/07, to be implemented in addition to the County Council's existing headline environmental resource use indicators.

3. Other Options Considered and Rejected

3.1 Not to do an annual sustainability report. This was rejected as the report is central to monitoring the County Council's sustainability performance and reviewing priorities as necessary. This has increased in significance since the County Council signed up to the Aalborg Commitments in June 2004 and as sustainability becomes more prominent in the Comprehensive Performance Assessment process.

4. Conflicts of Interest Declared by the Decision Maker or Other Executive Member Consulted - None.

5. Dispensation granted by the Standards Committee - Not applicable.

6. Reason(s) for the Matter being dealt with if Urgent - Not applicable.

Approved by: ..................................... Date: ...................................

Councillor T. K. Thornber, CBE

934Decn/MB

Hampshire County Council Cabinet 25 September 2006 Kate Barker Review - Interim Report Report of the Director of Environment

Amended decision Appendix 5 Item

Contact: Les Herbert, ext 6768 email: [email protected]

1. Summary

1.1 The following decision was made:

That the County Council responds to the Kate Barker interim report as per the letter attached to this decision sheet.

2. Reason

2.1 The Hampshire Corporate Strategy recognises the importance of sense of place in which the planning system is an important mechanism. This decision seeks to influence the outcome of the Kate Barker review of the planning system by submitting Hampshire County Council's views.

3. Other Options Considered and Rejected

3.1 Decline to provide a response.

4. Conflicts of Interest Declared by the Decision Maker or Other Executive Member Consulted - None.

5. Dispensation granted by the Standards Committee - Not applicable.

6. Reason(s) for the Matter being dealt with if Urgent - Not applicable.

Approved by: ..................................... Date: ...................................

Councillor T. K. Thornber, CBE

1023Decn/LH

Hampshire County Council Cabinet 25 September 2006 A précis of the Department of Health's `Guidance on the statutory chief officer post of Director of Adult Social Services and the supporting best practice guidance, May 2006 Report of the Director of Adult Services

Amended decision Item 12Appendix 6

Contact: Kevin Peers, ext no 7182, email: [email protected]

1. Summary

1.1 The following decisions were made:

(a) That Cabinet formally agree to appoint the existing Executive Member for Adult Services as the lead member for Adult Social Services given that the remit of the existing Executive Member for Adult Services encompasses the role and responsibilities of the proposed lead member for Adult Social Services, as outlined in the Department of Health guidance. Furthermore, it was agreed that the existing remit of the Director of Adult Services fulfils the role and responsibilities of the proposed Director of Adult Social Services, as outlined in the Department for Health Guidance.

(b) That Cabinet agree that the lead member for Adult Services works closely with lead members for Children's Services, the Executive Members for Environment and for Recreation and Heritage and the Chair of the PCT in order to enable her to carry out the responsibility for coordinating the promotion of wellbeing, prevention of social exclusion and protection of vulnerable adults.

(c) That a seminar be arranged for all Members of the County Council on all social services matters regarding the implications of the well-being agenda for every citizen of Hampshire.

(d) That a letter be sent to Patricia Hewitt, the Secretary of State for Health and Ruth Kelly, the Secretary of State of Communities and Local Government outlining the Cabinet's concerns in respect of the lack of democratic accountability and unreasonable levels of statutory duty in some areas of the Guidance being placed on the local authority.

2. Reason

2.1 To ensure the necessary arrangements outlined in the Department of Health's Guidance (May 2006) for establishing the role of Director of Adult Social Services (DASS) are in place within the authority.

3. Other options considered and rejected

3.1 As the report is based on Department of Health guidance that instructs local authorities on the arrangements that need to be in place, no other options have been considered at this stage. It is the Department of Health's intention to introduce additional legislation in relation to the DASS in the near future and further options may well be considered at that time.

4. Conflicts of interest declared by the decision maker or other Executive Member consulted - none.

5. Dispensation granted by the Standards Committee - not applicable.

6. Reason(s) for the matter being dealt with if urgent - not applicable.

Approved by: ..................................... Date: ...................................

Councillor T.K. Thornber, CBE

Hampshire County Council Cabinet Working Party Appendix 7 25 September 2006 Revisions to the County Council's Constitution Report of the Monitoring Officer

Contact: David Hinxman (01962 847339) e-mail [email protected]

1. Summary:

To recommend to the County Council:

a) That, subject to the revisions set out in the attached supplement to this decision, the following be approved:

· revised Part 1: Chapter 6 (Policy Review Committees) and the Policy Review Committee Rules of Procedure (Part 3D of the Constitution) set out as Appendices 1 and 2

· revised Access to Information protocol (Part 3B of the Constitution) set out as Appendix 3

· updated Part 1: Chapter 11 (Area based committees and panels) set out as Appendix 4.

b) That Part 1: Chapter 4(f) of the Constitution be deleted and replaced by "Agreeing and/or amending Terms of Reference for Committees, determining proportionality on those committees which are subject to proportionality rules, and, where proportionality rules do not apply, making appointments to them."

c) That Part 3A of the Constitution (Standing Order 37(a) be amended by the deletion of "paragraphs 1-6, 9, 11, 12 and 14 of Part 1 of Schedule 12A" and the insertion of the words "paragraphs 1 - 7 of Part 1 of Schedule 12A".

2. Reason:

2.1 To codify in the County Council's Constitution changes following the
Democratic Review and other changes to reflect operating procedures and
statutory requirements.

3. Other Options considered and rejected:

3.1 The proposals reflect the County Council's earlier detailed consideration of how to improve the operation of its democratic organs.

4. Conflicts of Interest declared by the decision maker or other Executive member consulted - none.

5. Dispensation granted by the Standards Committee - none.

6. Reason(s) for the matter being dealt with if urgent - not applicable.

Approved by:

Councillor TK Thornber, CBE
Chairman

Date: 25 September 2006

REVISIONS TO THE COUNTY COUNCIL'S CONSTITUTION - supplement

Following consideration by the Working Group set up by the Cabinet on 25 September the following amendments are recommended:

Report of the Monitoring Officer

a) para 3.1, fourth line from end: after `voting rights' add `....only on Education matters.' - for clarification.

b) para 5.1, penultimate line: replace `determining' with `agreeing' - plain english.

Appendix 1

a) para 6.4(d) - delete `.....Policy Review or ...' because PRCs do not make decisions; and add after `....Joint Committee' the words `in accordance with the call-in provisions contained in paragraphs 1.16 and 1.17 of Part 3D of the Constitution' - to make a clear link to the relevant provisions of the Constitution.

b) para 6.5.2(a) delete `....service delivery and performance.' - covered by 6.5.2(b).

Appendix 2

a) para 1.16(a) insert after `...PRCs.' in line 3 a new sentence: `Where a decision affects more than one PRC (i.e. it is cross-cutting) a call-in must be made by at least two of the PRCs.' - added for clarification.

b) para 1.16(d) insert after `debated' the words `.....without changing the previous decision although the Council may request the Cabinet or relevant Executive Member(s) to review the decision in question.' - added for clarification.

Appendix 3

a) para 2.3 last line - revise `have' to `having'.

b) para 2.5 line 3 after `....Council' add the words `...that the matter is urgent.' - for clarification as this reflects Regulations more accurately.

Appendix 4

Revised version attached - Health Scrutiny Joint Committee reports to the Council.

181. The Constitution : Part 1 Appendix 1

6.2 Chapter 6 - Policy Review (Overview and Scrutiny) Committees

6.2.1 6.1 Under the Local Government Act 2000, the Council must establish at least one Overview and Scrutiny committee. The Council has decided to appoint five such committees and to call them Policy Review Committees. Representation on these committees will bear the same proportionality as the political composition of the whole Council (Section 21(11) of the Local Government Act 2000).

6.2.2 6.2 The role of each Policy Review Committee is :

a) To act as critical friend to the Executive in its roles of decision making, performance management and direction setting;

b) To review the impact of decisions and policy;

c) To support the Executive in policy development;

d) To undertake internal and external reviews incorporating Best Value principles

6.2.3 6.3 The Council appoints the Policy Review Committees, set out in the left-hand column of the table below, to perform the functions conferred by Section 21 of the Local Government Act 2000 and Regulations under Section 32 of the Local Government Act 2000, in relation to the matters set out in the right-hand column.

Committee	Scope
Policy and Resources	Coordinating Scrutiny: To ensure resources of the scrutiny function are being effectively targeted To ensure the outputs and outcomes of Scrutiny are having impact and being evaluated To prioritise topics for scrutiny task and finish groups (thematic reviews) to create an annual work programme. To identify where each thematic review on the work programme should be ratified. To provide an annual report to Full Council outlining the effectiveness, outcomes and learning of the scrutiny function (i.e. PRCs and overall work programme). Scrutinising Corporate Functions: Looking at how policies, services and decisions ensure effective use and management of all resources; how effectively is cross-cutting / corporate policy developed, implemented and performance evaluated and improved. Efficiency; Human Resources; Partnership working (internal and external); Procurement; Financial Management (eg budget setting and monitoring, final accounts, capital programme, capital receipts); asset and estate management; Information management (including records management); Communication; Use of IT; Health and Safety; Corporate policy and performance; Business Units. Departments Covered: · Chief Executive's · Treasurers · Property Business and Regulatory Services (Property and Business particularly) · IT Services · Recreation and Heritage (Records Management) · Potentially whole organisation as a corporate entity
Children and Young People	Looking at how the needs and interests of children and young people are met by all departments, policies, services and decisions; and how performance is evaluated and improved. Universal, targeted and specialist services for children & young people: prevention and management of risk; social care; children's and young people's wellbeing; Education - supporting and enabling learning for all children and young people; internal and external partnership working re Children and Young People (i.e. Recreation and Heritage / Adult Services); supporting parents and families. Departments Covered: · Children's Services · Recreation and Heritage · Any other Department doing work with or impacting on Children or Young People
Safe and Healthy People	Looking at how policies, services and decisions support safe, well, independent, and continuously developing people (adults and older persons).; how they are implemented and how performance is evaluated and improved. Working alongside the Health Overview and Scrutiny function with primary focus on how Hampshire County Council is contributing to delivering the Wellbeing agenda for adults; crime prevention; crime and disorder; adult social care; promoting independence and quality of life for older people, healthy and safe families; Regulatory Services Departments Covered: · Adult Services · Chief Executive's · Recreation and Heritage · Property Business and Regulatory Services (particularly Regulatory Services) · Any other relevant functions in other Departments
Culture and Communities	Looking at how policies, services and decisions support thriving culture and sustainable, inclusive communities; how they are implemented and how performance is evaluated and improved. Culture and recreation; heritage; economic development; community development; developing sustainable communities; supporting diversity and inclusion; community engagement and consultation; lifelong learning for adults Departments Covered: · Recreation and Heritage · Chief Executive's · Adult Services · Environment · Any other relevant functions in other Departments
Environment and Transport	Looking at how policies, services and decisions support a positive and sustainable environment, accessibility to services for all and effective management of natural resources; how they are implemented and how performance is evaluated and improved. Passenger transport; transport policy; road infrastructure; access; protection of the environment; sustainable development; climate change; land management; waste management. Departments Covered: · Environment · Recreation and Heritage · Children's Services · Adult Services
Health Review	Planning and undertaking overview and scrutiny of health within powers provided by Section 7 of the Health and Social Care Act 2001. Responding to NHS bodies who have a duty to consult on proposals for substantial development and variation in provision of health services.

6.2.4 6.4 General role

Within their scope, Policy Review Committees will:

a)  review and scrutinise decisions made, or actions taken, in connection with performing any of the Council's functions

b)  make reports or recommendations to the full Council, the Executive, or any Policy or Joint Committee, in connection with performing any function

    c)  consider any matter affecting the area or its citizens

d)  exercise the right to call in, for reconsideration, decisions made but not yet implemented by the Executive or any Policy Review or Joint Committee.

6.2.5 6.5   Specific functions

6.5.1 Policy development and review

Policy Review Committees may:

a)  assist the Council and the Executive, at their request, to develop the budget and policy framework by in-depth analysis of policy issues

b)  conduct research and consultations in the analysis of policy issues and possible options   

c)  question members of the Executive or Committees, and Chief Officers, about their views on issues and proposals affecting their remit

d) liaise with external organisations as appropriate.

6.5.2 Scrutiny

Policy Review Committees may:

a) review and scrutinise Executive or Committee decisions, service delivery and performance

b)  review and scrutinise the Council's service delivery and performance, performance concerning its policy objectives, performance targets and particular service areas

c)  question members of the Executive or Committee and Chief Officers about their decisions and performance; whether compared to service plans and targets, or related to particular decisions, initiatives or projects

d)  make recommendations to the Executive, appropriate Committee or Council arising from the scrutiny process

e)  review and scrutinise the performance of other public bodies in the area (including matters relating to the health service in line with Section 21 of the Local Government Act 2000); invite reports from them by asking them to address the Policy and Resources Policy Review Committee; and, if appropriate, address the community about their activities and performance

f)  question and gather evidence from people or organisations that can inform the scrutiny process.

6.5.3 Finance

Policy Review Committees may exercise overall responsibility for any money made available to them.

6.5.4 Annual Report

The Policy and Resources Policy Review Committee will submit to the full Council meeting in September of each year an account of the activities and outcomes of the scrutinyfunction for the last year and a tentative list of intended scrutiny inquiries for the following year.

6.2.6 6.5.5  Proceedings of Policy Review Committees

Policy Review Committees will conduct their proceedings in line with the Policy Review (Overview and Scrutiny) Procedure policy, set out in Part 3:D of this Constitution.

6.2.7 3D    Policy review Appendix 2

6.2.7.1 1.    Policy review (overview and scrutiny procedure)

1.1   The Council will have the Policy Review (Overview and Scrutiny) Committees(PRCs) set out in Chapter 6 of the Constitution, and it will appoint members to them in such numbers in political proportionality as it considers appropriate from time to time. The Policy and Resources PRC, having a corporate overview, may appoint working groups of members and officers . Such working groups may be appointed for a fixed period, if appropriate, on the expiry of which they shall cease to exist.

1.2    The PRCs' terms of reference are to act in relation to the matters in the right-hand column headed 'scope' in paragraph 6.3 of Chapter 6; and to exercise the general role and specific functions set out in paragraphs 6.4 and 6.5 of Chapter 6.

1.3   Members of PRCs - all Councillors (except members of the Executive) may be members of any PRC . No member may be involved in scrutinising a decision in which he or she has been directly involved.

1.4   Co-optees - each Policy Review Committee or working group shall be entitled to appoint any person or persons as non-voting co-optees where the committee or working group considers this would be advantageous to their work.

1.5    The Children and Young People PRC, when dealing with education matters, shall be a committee of the County Council acting in its capacity as a Local Education Authority and shall include in its membership the following voting representatives:

a.  one Church of England Diocese representative

b. one Roman Catholic Diocese representative

c.   three Parent Governor representatives

1.6   Meetings of Policy Review Committees

PRCs will normally meet four times a year , in accordance with a timetable to be published by the Chief Executive. In addition, extraordinary or ad hoc meetings may be called from time to time as and when appropriate. A PRC meeting may be called by the chairman of the relevant PRC ,, by a quorum of the members of the PRC or by the proper officer (Chief Executive) if he or she considers it necessary or appropriate.

Quorum - the quorum for a PRC shall be one quarter of the whole number of members, or three members, whichever is the greater.

1.7   Chairing Policy Review Committees

The Chairman and Vice-Chairman of each PRC shall be appointed by the Council at its Annual General Meeting. In the absence of the Chairman, the Vice-Chairman will preside. In the event that neither the Chairman nor the Vice-Chairman are present within 10 minutes from the time appointed for any meeting to begin, the Committee may appoint a person to chair it from amongst the Councillors sitting on it. Working groups shall appoint their own chairman from among their membership. An officer of the County Council may not chair a working group.

1.8   Work programme

PRCs will be responsible for proposing their own work programme of activities within their planned meetings structure and, in doing so, shall take into account wishes of members on that committee who are not members of the largest political group on the Council. The Policy and Resources PRC will oversee and determine the overall work programme of working groups.

1.9   Agenda items

Any member of a PRC shall be entitled to give notice to the proper officer (Chief Executive) that they wish an item relevant to the functions of the Committee to be included on the agenda for the next available meeting (Section 21(8) Local Government Act 2000). On receipt of such a request, the proper officer will ensure that it is so included.

The Council or the Executive may request a PRC to consider matters referred by it or them. Where this occurs, the matter shall be placed on the agenda of the next available, convenient meeting of the PRC and the PRC will decide what further action should be taken.

1.10  Reports from Policy Review Committees

a.  Once it has formed recommendations on a particular matter, the PRC will request the proper officer (Chief Executive) to report to the Executive (if the proposals are consistent with the existing budgetary and policy framework), or to the Council as appropriate (eg, if the recommendation would require a departure from or a change to the agreed budget and policy framework).

b.  The Council or Executive will consider the report of the PRC as soon as practicable after the report has been submitted to it or them.

c.  In the event of any dispute between the Executive, the Council, and/or any PRC , it shall be resolved by the Council. If there is any issue as to whether a matter is a dispute that needs to be resolved by the Council, the Chief Executive shall advise, and if necessary, will place the matter on the Council agenda for the next convenient meeting. Where members of a PRC cannot agree on a single report, the report to the Council or the Executive shall contain a paragraph giving brief details of where there is dissent from the majority finding.

1.11  The Health Overview and Scrutiny Committee has direct statutory responsibility for publishing reports of reviews, with recommendations, and for undertaking consultation. Health bodies are statutorily required to respond. The Health Overview and Scrutiny Committee will expect other services and organisations to whom recommendations are addressed, including the County Council's own services, to respond in a similar way. The Health Overview and Scrutiny Committee will consider those responses, and will review the matter when recommendations have been acted upon to check that intended outcomes have been achieved.

1.12  Co-ordinating role

As provided for in its terms of reference, the Policy and Resources PRC, will co-ordinate the scrutiny function so as to ensure effective resource allocation, and that review reports are consistent and take account of corporate issues.

1.13  Rights of Policy Review Committee members to documents

a.  In addition to their rights as Councillors, members of PRCs have the additional rights to documents and to notice of meetings, as set out in the Access to Information Procedure Rules in Part 3 of this Constitution.

b.  Nothing in this paragraph prevents detailed liaison between the Executive and the PRCs as appropriate, depending on the particular matter under consideration.

1.14  Members' and officers' attendance at Policy Review Committees or working groups

a.  A PRC or working group may scrutinise and review decisions made or actions taken in connection with the discharge of any Council functions within its terms of reference. As well as reviewing documentation, in fulfilling the scrutiny role, it may require any member of the Executive, the Head of Paid Service, and/or any other senior officer to attend before it to explain, or give evidence, in relation to matters within their remit.

   and it is the duty of those persons to attend if so required.

b.  Where any member or officer is required to attend a PRC or working group under this provision, they shall be given reasonable notice of the meeting they are required to attend. The notice will state the nature of the matter on which they will be asked to explain or answer, and they will also be given notice of whether any papers are required to be produced. Where attendance is likely to require the production of a report, the member or officer concerned will be given sufficient notice to allow for preparation of that documentation.

1.15  Attendance by others

A PRC or working group may invite people other than those referred to in the previous paragraph, to address it, discuss issues of local concern, and/or answer questions. This could include, for example, residents, external experts, stakeholders, and members and officers in other parts of the public sector. In the case of these people, attendance will be completely optional.

1.16  Call-in

a.  All decisions of the Executive will be subject to Scrutiny and Review, and may be called-in for consideration by a quorum of the members of the relevant PRC s.

b.  A decision must be called-in within 7 days of being notified to all members of the appropriate PRC(s) . The decision must then be considered by the PRC(s) and their view communicated to the Executive within a further period of 14 days.

c.  Any decision of the Executive which is not in line with the Policy framework, other agreed policies; the budget, or the Forward Plan framework, if called-in, shall prevent the decision being actioned and shall be referred to full Council for decision.

d.  Call-in shall not prevent the decision from being acted on where the decision is in line with the Policy Framework; other policies approved by the Council. But when the views of the PRC differ from, or are critical of, the Executive decision, the facts shall be reported to the next Council meeting and be debated.

1.17  Call-in and urgency

The call-in procedure set out above shall not apply where the decision being taken by the Executive is urgent. A decision will be urgent if it comes within the letter and/or spirit of paragraph 2.4 in the Executive arrangements, and because it might prejudice the Council's or the public's interests. The record of the decision, and notice by which it is made public, shall state whether (in the opinion of the decision-making person or body) the decision is an urgent one.  If it is considered urgent; then it will not be subject to call-in. The Chief Executive, or his or her nominee, will have to advise on the issue of urgency in all cases. Decisions taken as a matter or urgency must be reported by the Chief Executive to the next appropriate meeting of the relevant PRC , together with the reasons for the urgency. If considered appropriate, the PRC may refer the matter to the next appropriate meeting of the Council.

The operation of the provisions relating to call-in and urgency shall be monitored annually by the Governance Committee and a report submitted to Council with proposals for review, if necessary.

6.2.8 3B     Access to information protocol Appendix 3

6.2.8.1 1.    Background

1.1   The Local Government (Access to Information) Act 1985 and subsequent Regulations set out the statutory requirements for open government. The County Council operates a regime more generous than the requirements of the Act, and it tries to be as open as possible in all aspects of its decision making.

1.2   As far as is reasonably practicable the County Council makes copies of all Executive Member decision papers and the summons and agenda for all meetings available to the public at least five clear days beforehand ie excluding weekends and Bank Holidays.

6.2.8.2 2.    The new Constitution

2.1   For councils operating executive arrangements, the Access to Information Regulations and statutory guidance cover the access of press and public to documents, and decisions and meetings of the Executive and Committees. In addition, the Regulations cover access to documents and decisions of individual members of the Executive; Officers when they are making key decisions; and joint committees discharging delegated executive functions.

2.2   Where a report is given to the decision maker in respect of a `key' decision - whether it be a decision making body or an individual Executive member or an officer - it must be made publicly available, together with a list of background documents and sufficient copies, not less than five clear days before the decision is taken. Copies of the agenda/decision sheet and the supporting report(s), including the list of background documents. , will be published on Hantsweb and an e-link sent to all Members of the County Council as soon as possible on the day following the posting of the document(s) to the decision maker so that, as far as is reasonably practicable, the document(s) are available to members of the County Council in advance of publication in accordance with Section 100B of the Local Government Act 1972

2.3   The Access to Information Regulations require the recording of Executive decisions (including key decisions taken by officers). Such records must include the reasons for the decisions; any alternative options considered when the decision was made; and list any declarations of interest and dispensations granted. Once a decision has been made - either at a meeting or by an individual - the record and background papers have to be made public. The record of each Executive decision will be published on Hantsweb within 7 days of the decision having been made if it is different from that published when notice of the decision was published. Members of the relevant Policy Review Committee(s) will be sent an e-link to the decisions within the remit of the Committee(s) within 7 days of the decisions have been made.

2.4   Regulation 7 of the Access to Information Regulations sets out the circumstances when the Executive or committees of the Executive must meet in public - broadly speaking, when they are taking a 'key decision' collectively, or discussing with officers present a 'key decision' to be taken collectively in the next 28 days. It is the County Council's intention, as far as practicable, that the necessary documentation will be in the public domain five clear days before such a decision is made.

2.5   Where an urgent key decision is required, the decision maker must get the agreement of the chairman of the relevant Policy Review Committee or, in his or her absence, the Chairman or Vice-Chairman of the Council that the making of the decision is urgent. The reason will need to be identified and recorded in the decision.

2.6   Any member of the Council - subject to the rules on exempt information - shall have access to any document, other than a draft, which is in the possession of the Executive (and which contains material relating to any business to be transacted at a public meeting), before the meeting, and any similar document at a private meeting, after its conclusion, and any document the subject of a decision of an individual member or officer immediately after the decision is made. Any member of a Policy Review Committee is entitled to copies of such documents.

2.7   The Access to Information Regulations 2006 align the statutory definitions of `confidential' and `exempt' information more closely with the provisions of the Freedom of Information Act. Where information or decisions are `confidential' or `exempt' it will not be published. 

2.8   The Leader will, at quarterly intervals, submit to the Council details of all urgent Executive decisions taken during the previous three months.

2.9   General considerations

   i.  The Council will ensure that (as with the Council, its committees and sub-committees) all decisions made by members of the Executive (either collectively or individually) will be based on sound professional advice from officers, including advice from the Monitoring Officer and County Treasurer where appropriate.

   ii.  If decisions are made by individual members of the Executive, the Head of Corporate and Legal Services will make a record of the decision, and they will make that record publicly available in line with this protocol.

   iii.  The failure to ensure that a record is made of a decision will be a breach of the Regulations and a breach of the relevant Code of Conduct, and it will be dealt with by the Standards Board.

   iv.  The Council will make it clear when decisions are to take effect in order to provide certainty (particularly for Policy Review Committees, and call-in procedures). Arrangements will be made which will ensure that decisions, particularly those affecting third parties, are not acted upon before they have been properly recorded, and the operation of the call-in procedures fully completed if appropriate.

   v.  All decisions taken by members of the Executive (individually or collectively), and key decisions taken by officers, will be recorded and published as soon as reasonably practicable, and not later than 7 days after the decision is taken. The decision record will include the reasons for the decision and any relevant interests which any of the members involved had, together with any dispensations granted.

   vi.  There will be no requirements to publish any officer decisions which are not key decisions. All decisions of the Council will be subject to the general requirements (for disclosure of information of any kind) under the Freedom of Information Act 2000.

Appendix 4

Chapter 11 - Area-based Committees and Panels

11.1  The Council appoints Members to the following committees. These committees, as described in the left-hand column, will report to the Executive member who is responsible for the function in the right-hand column.

Statutory joint committees	Reporting to Executive Member for
Aldershot Military Museum JMC Andover Museum JMC Basingstoke Willis Museum JMC Basingstoke Canal JMC (Basingstoke) Milestones JMC Bursledon Windmill JMC Eastleigh Museum JMC Fareham Museum JMC Gosport Museum JMC Havant Museum JMC    Red House Museum, Christchurch JMC    Regional Gymnastics Centre JMC Sir George Staunton Country Park JMC	Recreation and Heritage
(Basingstoke) Manydown JMC Health Scrutiny Joint Committee In and Around North Hampshire South Downs JMC	Leader

Other statutory committees
Standing Advisory Council on Religious Education	Education
River Hamble Harbour Management Committee	River Hamble Harbour Board
Non-statutory `joint' committees
Structure Plan Joint Advisory Panel	Environment
Other advisory panels
Buildings, Land and Procurement Panel	Leader