Access to information procedure rules
Access to Information Procedure Rules
CONTENTS
Rule / Subject / Page1.
1.1
1.2
2.
3.
4.
5.
6.
7.
8.
8.1
8.2
9.
10.
10.1
10.2
10.3
10.4
10.5
11.
12.
13.
14.
14.1
14.2 / PRINICIPLES
Scope
Presumption of openness
ADDITIONAL RIGHTS TO INFORMATION
RIGHTS TO ATTEND MEETINGS
NOTICES OF MEETING
ACCESS TO AGENDAS AND REPORTS BEFORE THE MEETING
SUPPLY OF COPIES
ACCESS TO DECISION MAKING DOCUMENTS
BACKGROUND PAPERS
List of background papers
Public inspection of background papers
SUMMARY OF PUBLIC’S RIGHTS
EXCLUSION OF ACCESS BY THE PUBLIC TO MEETINGS
Confidential information – requirement to exclude public
Executive Decisions – Confidential Information
Exempt information – discretion to exclude public
Meaning of confidential information
Meaning of exempt information
EXCLUSION OF ACCESS BY THE PUBLIC TO REPORTS
APPLICATION OF RULES TO THE CABINET
PROCEDURE BEFORE TAKING KEY DECISIONS
THE FORWARD PLAN
Period of forward plan
Contents of forward plan / 121
121
121
121
121
121
122
122
122
123
123
123
123
123
123
123
124
125
125
125
125
126
126
126
126
Rule / Subject / Page
15.
16.
17.
17.1
17.2
17.3
18.
19.
20.
21
21.1
21.2
21.3
21.4
22.
22.1
22.2
23.
23.1
23.2
23.3
24.
24.1
24.2
24.3
24.4
24.5
24.6
24.7
24.8
24.9
25. / GENERAL EXCEPTION
SPECIAL URGENCY
REPORT TO COUNCIL
When a scrutiny committee can require a report
Cabinet’s report to Council
Quarterly reports to Council
RECORD OF DECISIONS
CABINET MEETINGS RELATING TO MATTERS WHICH ARE NOT KEY DECSIONS
NOTICE OF AND ATTENDANCE AT MEETINGS OF THE CABINET
DECISIONS BY INDIVIDUAL MEMBERS OF THE CABINET
Forward plan
Reports intended to be taken into account
Provision of copies of reports to scrutiny committees
Record of individual decision
SCRUTINY COMMITTEES ACCESS TO DOCUMENTS
Rights to copies
Limit on rights
ADDITIONAL RIGHTS OF ACCESS FOR MEMBERS
Exempt information
Material relating to key decisions
Nature of rights
SUBMISSION OF QUESTIONS/STATEMENT BY MEMBERS OF THE PUBLIC
Scope
Order of questions
Notice of questions/statements
Number of questions/statements
Scope of questions/statements
Record of questions
Asking the question at the meeting
Supplementary questions
Reference of question/statement to the cabinet
Urgent decisions on non-cabinet matters
INDIVIDUAL CABINET MEMBER DECISION MAKING – GUIDANCE / 127
127
128
128
128
129
129
129
129
130
130
130
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134
Access to Information Procedure Rules
- PRINCIPLES
1.1Scope
These rules apply to all meetings of the Council, scrutiny committees, advisory committees, other council committees and meetings of the cabinet and its committees (together called “meetings”).
Rules 7(b), 12, 13, 14, 15, 16, 19, 20, and 21 apply only to a decision made or to be made by a decision maker in connection with the discharge of a function which is the responsibility of the executive of the council (“executive decision”)
1.2Presumption of openness
The Council is committed to accountable and open government and will ensure that all reports are drafted so as to maximise the amount of business conducted in public. If practicable “exempt information” (see rule 10.4) will be set out in a separate appendix to a report so that most of the report is publicly available.
2. ADDITIONAL RIGHTS TO INFORMATION
These rules do not reduce any more specific rights to information contained elsewhere in this Constitution or the law.
3.RIGHTS TO ATTEND MEETINGS
Members of the public may attend all parts of all meetings subject only to the exceptions in these rules.
4. NOTICES OF MEETING
(a)The Council will give at least five clear days’ notice of any meeting by posting details of the meeting at Ealing Town Hall, London W5 2BY [the designated office].
(b)Once a meeting open to the public has been placed in the Council’s meetings programme, it will not be rearranged save in exceptional circumstances (as confirmed by the proper officer).
(c)Where it is necessary by reason of the urgency of the business to be transacted, a meeting may be called at less than five clear days’ notice (subject to agreement of the Director of Legal and Democratic Services and the Chair of the meeting that the circumstances are sufficiently urgent).
5.ACCESS TO AGENDA AND REPORTS BEFORE THE MEETING
(a) The Council will make copies of the agenda and reports open to the public available for inspection at the designated office at least five clear days before the meeting. If an item is added to the agenda later, the revised agenda (where reports are prepared after the summons has been sent out, the proper officer shall make each such report available to the public as soon as the report is completed and sent to councillors) will be open to inspection from the time the item was added to the agenda.
(b) Where it is sought to add an item to an agenda less than five clear days before a meeting, this shall only be done where the proper officer has agreed that the item cannot reasonably wait until the next meeting.
(c)Nothing in this section requires a copy of the agenda, item or report to be available for inspection by the public until a copy is available to members of the decision making body concerned
6.SUPPLY OF COPIES
The Council will supply copies of:
(a) any agenda and reports which are open to public inspection;
(b) any further statements or particulars necessary to indicate the nature of the items in the agenda; and
(c)if the proper officer thinks fit, copies of any other documents supplied to councillors in connection with an item to any person on payment of a charge for postage and any other costs (including copying costs).
7.ACCESS TO DECISION MAKING DOCUMENTS
(a)The Council will make available copies of the following after a public meeting:
(i)the minutes of the meeting, or records of decisions taken, together withreasons and background papers, for all meetings of the cabinet, excluding any documents which disclose exempt or confidential information;
(ii)the agenda for the meeting; and
(iii)reports relating to items when the meeting was open to the public.
(b)In relation to executive decisions, the proper officer will make available copies of the following, as soon as practicable after a decision has been made:
(i)A record of the decision, including the date it was made;
(ii)A record of the reasons for the decision;
(iii)Details of any alternative options considered and rejected by the decision-making body or person;
(iv)A record of any conflict of interest relating to the matter decided which is declared by any member of the decision making body or individual which made the decision; and
(v)In respect of any declared conflict of interest, a note of dispensation granted by the Chief Executive
(c)In relation to decisions taken by an officer and which fall within the remit of paragraph 7 of the Openness of Local Government Bodies Regulations 2014, the proper officer will publish and make available for inspection the following information, as soon as reasonably practicable after the decision has been taken:
(i)The date the decision was taken
(ii)A record of the decision, with reasons
(iii)Details of any alternative options considered, and
(iv)Where appropriate, details of any declarations of interest declared
8. BACKGROUND PAPERS
8.1List of background papers
The proper officer will set out in every report a list of those documents
(called background papers) relating to the subject matter of the report which in his/her opinion:
(a)disclose any facts or matters on which the report or an important part of the report is based; and
(b) which have been relied on to a material extent in preparing the report
but does not include published works or those which disclose exempt or confidential information (as defined in Rule 10); and in respect of cabinet reports, the advice of a political advisor.
The proper officer will make available for inspection by the public at the council’s offices and on the council’s website a copy of all background papers.
8.2Public inspection of background papers
The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.
9.SUMMARY OF PUBLIC'S RIGHTS
A written summary of the public’s rights to attend meetings and to inspect and copy documents must be kept at and available to the public at Ealing Town Hall, London W5 2BY. These Rules constitute that written summary.
10.EXCLUSION OF ACCESS BY THE PUBLIC TO MEETINGS
10.1 Confidential information - requirement to exclude public
The public must be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that confidential information would be disclosed.
10.2 Executive decisions: confidential information
(a)Where it is sought to exclude the public from a meeting making an executive decision, notice of the intention to do so (giving a statement of the reasons for doing so)must be given at least 28 days in advance and :
-Published on the council’s website, and
-Made available for inspection at the council’s offices
And at least 5 clear days before such a private meeting, the proper officer must :
-Make available for inspection at the council’s offices a further notice of its intention to hold the meeting in private (including a statement of the reasons for the meeting to be held in private and any details of any representations received about why the meeting should be open to the public), and
-Publish that notice on the council’s website
(b)Where the date by which a meeting must be held makes compliance with the section impracticable, the meeting may only be held in private where the decision making body or individual has obtained agreement from the chair of the Overview and Scrutiny Committee or of the Mayor or of the deputy Mayor that the meeting is urgent and cannot reasonably be deferred
(c)As soon as possible after the decision making body has obtained agreement under paragraph (b) to hold a private meeting, it must make available at the council offices a notice setting out the reasons why the meeting is urgent and cannot reasonably be deferred and publish that notice on the council’s website
Any reference in the above section 10.2 to a meeting includes reference to part of a meeting.
10.3Exempt information - discretion to exclude public
The public may be excluded from meetings whenever it is likely in view of
the nature of the business to be transacted or the nature of the proceedings
that exempt information would be disclosed.
Where the meeting will determine any person’s civil rights or obligations,
or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6.
10.4Meaning of confidential information
Confidential information means information given to the Council by a Government Department on terms which forbid its public disclosure or
information which cannot be publicly disclosed by Court Order.
10.5Meaning of exempt information
Exempt information means information falling within one or more of the following 7 categories (subject to any condition):
(1) Information relating to any individual
(2) Information which is likely to reveal the identity of any individual
(3) Information relating to the financial or business affairs of any particular person (including the council)
(4) Information relating to any consultations or negotiations, or contemplated consultation or negotiations, in connection with any labour relations matter arising between the council or a Minister of the Crown and employees of, or office holders under, the council
(5) Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings
(6) Information which reveals that the council proposes:
(a) to give under any enactment a notice under or by virtue of which
requirements are imposed on a person; or
(b) to make an order or direction under any enactment
(7) Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of a crime
Guidance on the interpretation of these exemptions is set out in the schedule of the Local Government (Access to Information) (Variation) Order 2006
11. EXCLUSION OF ACCESS BY THE PUBLIC TO REPORTS
If the proper officer thinks fit, the Council may exclude access by the public to
reports which in his or her opinion relate to items during which, in accordance with Rule 10, the meeting is likely not to be open to the public. Such reports will be marked "Not for publication" together with the category of information likely to be disclosed.
12.APPLICATION OF RULES TO THE CABINET
These Rules apply to the cabinet and its committees unless Rule 15 (general exception) or Rule 16 (special urgency) apply, or where they are inconsistent with those parts of these Rules that apply only to the cabinet and its committees and to executive decision making.
If the cabinet or one of its committees meet to discuss a key decision to be taken collectively, with an officer other than a political assistant present, within 28 days of the date according to the forward plan by which it is to be decided, then it must also comply with these Rules unless Rule 15 (general exception) or Rule 16 (special urgency) apply. A key decision is defined in Article 13.03 of this Constitution. This requirement does not include meetings, whose sole purpose is for officers to brief members.
13.PROCEDURE BEFORE TAKING KEY DECISIONS
(1)Subject to Rule 15 (general exception) and Rule 16 (special urgency), a key decision may not be taken unless:
(a)a notice (called here a forward plan) has been published on the council’s website in connection with the matter in question and made available for inspection at the council’s offices;
(b)at least 28 days have elapsed since the publication of the forward plan; and
(c)Where the decision is to be taken at a meeting of the cabinet or its committees, notice of the meeting has been given in accordance with Rule 4 (notice of meetings)
(2)A key decision means an executive decision, which is likely :
(a)To result in the council incurring expenditure which is, or the making savings which are, significant having regard to the council’s budget for the service or function to which the decision relates, or
(b)To be significant in terms of its effects on communities living or working in an area comprising two or more wards or electoral divisions in the area of the council
For the purpose of this definition savings or expenditure will not normally be considered to be significant if less than £500,000.
14.THE FORWARD PLAN
14.1Period of forward plan
A forward plan will be prepared by the proper officer on a monthly basis. The Forward Plan will be available for inspection by the public, both on the council’s website and at the council’s offices, at least 28 days before the key decisions referred to in it are made.
The forward plan will normally only include key decisions. A decision can only be a key decision if it is also an executive decision, that is to say a decision for which the Cabinet (and not full council) is ultimately responsible.
14.2 Contents of forward plan
The forward plan will contain matters which the proper officer has reason to
believe will be subject of a key decision to be taken by the cabinet, a committee of the cabinet, individual cabinet portfolio holders, officers, or under joint arrangements in the course of the discharge of an cabinet function during the period covered by the plan. It will describe the following particulars in so far as the information is available or might reasonably be obtained:
(a)the matter in respect of which a decision is to be made;
(b)where the decision taker is an individual, his/her name and title, if any and where the decision taker is a body, its name and details of membership;
(c)the date on which, or the period within which, the decision will be taken and where known the venue and time;
(d)a list of the documents submitted to the decision taker for consideration in relation to the matter.
(e) the address from which, subject to any prohibition or restriction on their disclosure, copies of, or extracts from, any document listed is available
(f)that other documents relevant to those matters may be submitted to the decision maker, and
(g)The procedure for requesting details of those documents (if any) as they become available
15.GENERAL EXCEPTION
(1)If it is impracticable to comply with the Forward Plan requirements of Rule 14 abovethen, subject to Rule 16 (special urgency), the decision may still be taken if:
(b)(a) the proper officer is satisfied that it is appropriate for the decision to be taken in any event; the proper officer has informed the chair of the overview and scrutiny committee, or if there is no such person, each member of that committee by notice in writing, of the matter about which the decision is to be made;
(c)the proper officer has made copies of that notice available to the public at the offices of the Council and on the Council’s website; and
(d)at least 5 clear days have elapsed since the proper officer complied with (b) and (c).
(2)Where this rule applies, Rule 14 need not be complied with.
(3)As soon as reasonably practicable after the proper officer has complied with Rule 15(1), he or she must:
(a)Make available at the council offices a notice setting out the reasons why compliance with Rule 14 is impracticable,
(b)Publish that notice on the council’s website
16.SPECIAL URGENCY
(1)Where the date by which a key decision must be made, makes compliance with Rule 15 (general
exception) impracticable, the decision may only be made where the decision maker has obtained agreement from:
(a) the chair of overview and scrutiny committee; or
(b)If there is no such person, or if the chair of overview and scrutiny committee is unable to act, the Mayor, or
(c)Where there is no chair of overview and scrutiny committee or Mayor, the deputy Mayor
that the making of the decision is urgent and cannot reasonably be deferred.
(2)As soon as reasonably practicable after the decision maker has obtained agreement under Rule 16(1) that the making of the decision is urgent and cannot reasonably be deferred, the decision maker must:
(a)Make available at the council’s offices a notice setting out the reasons that the decision is urgent and cannot reasonably be deferred; and
(b)Publish that notice on the council’s website
17.REPORT TO COUNCIL
17.1 When a scrutiny committee can require a report
If a scrutiny committee thinks that a key decision has been taken which was not:
(a)included in the forward plan; or
(b)the subject of the general exception procedure; or
(c)the subject of an agreement with a relevant scrutiny committee chair, or the Mayor/Deputy Mayor under Rule 16;
the committee may require the cabinet to submit a report to the Council within such reasonable time as the committee specifies. The power to require a report rests with the committee, but is also delegated to the proper officer, who shall require such a report on behalf of the committee when so requested by (the chair or any 5 members). Alternatively the requirement may be raised by resolution passed at a meeting of the relevant scrutiny committee.