Procedure Rules for Taking Urgent Decisions
1. Introduction
1.1 The Council’s constitution sets out who in the Council has authority to make decisions and the procedures for making those decisions.
1.2 Sometimes events will occur which require decisions to be taken urgently.
1.3 The Council needs to be able to respond quickly where failure to do so would not be in the public interest.
1.4 The procedure for taking urgent decisions, which includes the taking of urgent key decisions, should only be used where failure to take the decision quickly would, or would be likely to, harm the interests of the Council and the public, for example:
(a) A service not being provided;
(b) The Council breaking the law or financial rules;
(c) The public being put at serious risk of harm;
(d) The Council suffering financial loss;
(e) Consultation deadlines not being met; and/or
(f) In the event of a major incident.
1.5 The following are not suitable reasons for the use of the procedure:
(a) Poor planning;
(b) The possibility of embarrassment being caused to an officer or councillor;
(c) The possibility of adverse publicity being caused to the Council; and/or
(d) In order to circumvent the requirements of Financial Regulations without good cause and justification.
2. Option A - Urgent Decisions by Committee
2.1 Where the agenda for the relevant committee has been published, an urgent item may be added to the agenda if it meets the urgency criteria set out in paragraphs 1.3 and 1.4 of this chapter. The chair of the committee will require an explanation before authorisation is given.
2.2 Every effort must be made to circulate the urgent report to councillors at least 24 hours before the meeting.
2.3 The urgent report will be made available for public inspection as soon as possible.
3. Option B - Calling an Additional Meeting
3.1 The issue may be of such significance that it may be more appropriate to call an additional meeting. The procedure for calling additional meetings is set out in Chapter C2 (Council Procedure Rules) and Chapter D2 (Committee Procedure Rules).
4. Option C - Decision by the Chief Executive
4.1 The Chief Executive may take a decision which is normally reserved to committee or another officer, where they believe that the decision is urgent, after first:
(a) Taking into account the guidelines set out in paragraphs 1.3 and 1.4 of this chapter; and
(b) Where possible, seeking the views of the following in respect of the proposed decision:
(i) The Chair of the Strategy, Resources and Performance Committee,
(ii) The chair and the vice-chair of the relevant committee with authority to take the decision, and
(iii) The leaders of all groups
(iv) The Monitoring Officer.
4.2 The Chief Executive will take into account any views they consider are relevant. The decision is the Chief Executive’s alone.
4.3 The decision together with the reasons why it is urgent must be recorded in writing. The record of urgent decisions will be held by Democratic Services and will be made available for inspection.
4.4 Following the decision, a report will be submitted to the next available relevant committee meeting explaining:
(i) The decision;
(ii) The reasons for it; and
(iii) Why the decision was treated as a matter of urgency.
4.5 In the absence of the Chief Executive, their responsibilities under this procedure will be delegated to a director and all references to the Chief Executive under this procedure will also apply to that person.
Procedure Rules for Decision Review
5. Overview
5.1 As set out in Chapter D4 (Strategy, Resources and Performance Committee), nine members of Strategy, Resources and Performance Committee may initiate a review of a decision taken by a Policy and Service Committee by submitting a request for review to the Monitoring Officer or Chief Executive before the expiry of three full working days from the date on which the decision notice was published.
5.2 Due to the costs and delay caused by review, it is intended that it should only be used in exceptional circumstances as a last resort.
5.3 Where the review process is initiated the implementation of the decision subject to the review shall be suspended until the process is complete or the review withdrawn.
6. Decisions which may be subject to review
6.1 As provided in Chapter D1 (Role of Committees) and subject to the exceptions set out below, the Decision Review Procedure shall apply to any decisions made by Policy and Service Committees (Adults and Health; Assets and Procurement; Children and Young People; Communities, Social Mobility and Inclusion; Environment and Green Investment; and Highways and Transport).
6.2 The Strategy, Resources and Performance Committee may not review its own decisions.
7. Decisions which may not be reviewed
7.1 The following categories of decision are exempt from the decision review process:
(a) A decision in respect of which no decision review request was received within the requisite timescales prescribed in these rules and has therefore come into effect.
(b) A decision which satisfies the criteria for urgent decisions as set out in the Council’s Rules of Procedure.
(c) A decision by Full Council or subject to Full Council approval.
(d) A decision by Strategy, Resources and Performance Committee.
(e) Decisions made by regulatory committees and/or decisions of a quasi-judicial or regulatory nature.
(f) A decision which has been rescinded by the relevant committee or decision maker prior to the determination of any request for a decision review in accordance with rule 8.2.
(g) A decision which has been made in accordance with section 16 (Previous Decisions and Motions) of Chapter D2 (Committee Procedure Rules).
8. Decision Review Process
Publication of Decision Statement
8.1 Where a decision has been made by a Policy and Service Committee, the decision shall be published in the form of a decision statement, within two working days of the decision being made, on the Council’s public website. The decision statement shall also be sent to members of the relevant committee within the same timescale.
8.2 The decision statement will bear the date on which it is published and will specify that the decision will be effective on the expiry of three full working days after the publication of the decision statement and may then be implemented, unless the subject of a decision review request under this provision within that three full working day period. The deadline for a decision review request shall be specified in the decision statement.
Review by Strategy, Resources and Performance Committee
8.3 Where at least nine full members of the Strategy, Resources and Performance Committee wish to initiate a review of a decision which falls within the remit of the procedure, they may do so by submitting a written request for review to the Monitoring Officer or Chief Executive.
8.4 Such a request must be received by the Monitoring Officer or Chief Executive before the end of three full working days from the date on which the decision notice was published.
8.5 Where this criterion is met, the matter shall be referred to the Strategy, Resources and Performance Committee for consideration as to whether the review request should be dismissed or upheld.
8.6 If the request is dismissed, those members requesting the review will be notified and the original decision shall take effect by 9.30am the next working day following the day of the Strategy, Resources and Performance Committee meeting which reviewed the request.
8.7 If the review is upheld the matter shall be referred back to the relevant committee with a recommendation from the Strategy, Resources and Performance Committee. The relevant committee shall reconsider the matter, taking into account any concerns and recommendations of the Strategy, Resources and Performance Committee, and decide whether to amend the decision or not before reaching a final decision. The decision of the relevant committee will take effect at 9.30am on the fourth full working day from the date on which the decision notice was published.
8.8 A decision may be subject of a decision review by the Strategy, Resources and Performance Committee once only. Once the review has been considered by the Strategy, Resources and Performance Committee, the decision may not be subject of a further decision review by that committee.
9. The Decision Review Procedure Timescales
9.1 Where a valid review request is received, the Monitoring Officer shall convene a meeting of the Strategy, Resources and Performance Committee as appropriate, to take place within ten working days or as soon as is practically possible thereafter.
9.2 In setting the date of the review hearing, all reasonable efforts will be made to enable attendance by members, relevant officers and other witnesses. Councillors who have requested the review shall have the right to address the committee when it deals with the issue subject to the usual limits on speeches.
[Chapter D3 (Procedure Rules for Urgent Decisions and Decision Review) was last amended on 11 February 2025]
A PDF version of this chapter is available to view or download on the CMIS section of the Council’s website, along with a PDF version of the full constitution.
