Do working groups have to get there decisions ratified by full Council

Question

I have complained that working groups make decisions and act as a committees.

I have complained that letters and decision are being made by working groups. The public can have a presence at these meeting but they publish no minutes.

After I asked the first time they changed the name of the Committees to groups.

Our Council elected at the AGM not to have Committees.

On at least one occasion a letter was sent without the meeting approving the letter. The meeting did agree for the group to Draft a letter. The Council then agreed by emailing around the councillors to the draft being sent.
My view is that the public should have sight of the letter and the agreement for it to be sent. Also if the Council chooses not the have formal Committees any decision recommended by Groups need to be made at a properly formed PC meeting. (I am talking about serious matters where the public have an interest not Day to Day management.) Whilst it maybe a pain it is the downside of not having formal committees.

Is my view correct

What action should I take after they refute that

Answer 1

The council structure to carry out particular tasks should follow the following template.

Council make decisions on matters unless delegated to a formed committee with defined terms of reference as to what they can and cannot do. This is decided by council. All meetings of committees(inc sub committees) must follow the council's requirements to matters of record (minutes and agendas) and notice of and attendance by the public

A working party is defined as an informal group formed to look into or investigate a particular matter ( cost of a new swing) gather the relevant information and report those findings back to either a committee or the council ( whoever formed the working party). There is no requirement for a working party ( or the latest slant Task and finish group) to announce or record their meeting or allow public participation.

Unfortunately this has led to many councils utilising working parties to carry out tasks that should be carried out at committee level and some might say to draw a veil of secrecy over the council's workings.
Working parties should not make any decisions just provide information tasked to them. Allowing them to do anything else is a complete undermining of council ethics and adherence to codes of conduct.

Comments

Just a minor clarification regarding sub-committees. Unlike the council and its committees, public access and prior notice for sub-committees are at the discretion of the council. Model standing order 4(d)x.

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Thanks Dave but why would any honest and open council abiding by the terms of their code of conduct restrict in any way the access to any committee by the electorate? The wholesale use of working parties as clandestine committees must be unacceptable surely?

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Dave, How does your advice re sub committees sit with the following
LTN 1 para 26 a)If a councillor is a member of a committee, he has the right to inspect documents or to obtain information relating to the business of that committee
This to me reads a member of any committee is entitled to  know info relating to any of its sub committees?
LTN 5 PARA 23 A councillor has a right to attend every council meeting but he can be excluded for disruptive behaviour.

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To answer both points above, I'm certainly not advocating that any council should ever restrict access for anybody to any information (unless required by law, obviously), but the legal framework does permit sub-committees to operate in secret, so this is reflected in the model standing orders. I deal with random enquiries from parishioners and occasionally others on a daily basis and I often wonder about their motive in requesting the information, but without a legitimate reason to deny, I always provide access. It may just be a coincidence, but I've never received an FOI request.

The model standing orders don't conflict with the LTNs. Sub-committees usually report to their parent committee, so information is shared. The position regarding members of the council attending sub-committees is less clear in the case of a council that closes its sub-committee meetings. If the resolution to deny public access states that only members of the sub-committee may attend, then only members of the sub-committee may attend. If it states that the press and public may not attend, other members of the council may be permitted to observe.

Answer 2

Working parties are not empowered to make decisions - they can only offer recomendations that a committee and/or full Council can resolve to act on or not as they see fit.  Unfortunately they have become a means of hiindering transparency and accountability.