The Openness of Local Government Bodies Regulations require officers to produce a written record of certain decisions they may take.
Which decisions need recording?
A public written record must be produced if the decision would otherwise have been taken by the council, Executive, a committee, sub-committee or joint committee, but has been delegated to an officer either:
- under a specific express authorisation through the council's Constitution or the scheme of delegation; or
- under general authorisation where the decision is to grant a permission or licence; change the legal rights of an individual; or award a contract or incur expenditure which in either case materially affects the council's financial position.
When does a decision need recording?
In terms of whether or not a decision needs formally recording, the following guidance provides further details.
Decisions which need recording
Subject to the previous section as a principle, significant organisational/operational decisions taken in relation to council/Executive functions which are not key decisions and which are not considered to be a routine organisational/operational decisions. These are namely decisions that:
a) are outside of an approved budget;
b) conflict with the Budget and Policy Framework or other approved policies approved by the council; and
c) raise new issues of policy; or
decisions which in the opinion of the Chief Executive, director or assistant director, are of such significance that a published record of the decision would ensure transparency and accountability in relation to decision making within the council.
Other specific examples would include:
- carrying out major road works;
- decisions to issue Tree Preservation Orders;
- changes to charges;
- determination of licensing applications, building control decisions and notices; and
- determination of planning applications and listed building consent applications.
View decisions taken by officers (via ModernGov).
Decisions which don't need recording
Subject to the previous section as a principle, routine organisational/operational decisions taken in relation to council/Executive functions which are considered to be neither key or significant and:
a) are within an approved budget;
b) do not conflict with the Budget and Policy Framework or other approved policies approved by the council; and
c) do not raise new issues of policy; or
where the recording of such decisions is already required to be produced in accordance with any other statutory requirement.
Other specific examples would include:
- decisions taken by council, committees and the Executive;
- decisions to give business relief to individual traders;
- decisions to review the benefit claims of an individual applicant;
- decisions taken in response to requests under the Data Protection Act 1998 or the Freedom of Information Act 2000; and
- any decision that would disclose confidential/exempt information (see the scheme of delegation)