Appendix 1 - criteria for report requests

Criteria – issues already on forward work programme

The following criteria will assist the Committee when determining if a request from a member of the public or stakeholder to give evidence at scrutiny committee can be accommodated:

  • The request refers to an issue already on a scrutiny committee forward work programme.
  • The request is not deemed vexatious, discriminatory or there have been repeated similar requests.
  • The request is not being made to highlight a specific complaint (complaints should be dealt with in accordance with Council’s complaints procedure).
  • The member of the public or stakeholder has given evidence on the same issue within the last 12 months.

Criteria – issues not on forward work programme

The scrutiny committee will consider the request based on the following criteria:

  • The issue is within the terms of reference of the scrutiny committee.
  • The scrutiny committee has the responsibility to prioritise issues according to the time available to it and will use the attached prioritisation matrix to help it determine its priorities.
  • The request is not deemed vexatious, discriminatory, or there have been repeated similar requests.
  • The request is not being made to highlight a specific complaint (complaints should be dealt with in accordance with Council’s complaints procedure).
  • The scrutiny committee has not already considered the issue within the last 12 months.

Third parties

If the request involves the attendance by a 3rd party organisation it should be noted that the Council could request but not compel that organisation to attend.

Outcome

Following representations from and discussions with members of the public or stakeholders, the scrutiny committee may decide on the following:

  • To alter, amend or make recommendations to a report.
  • To undertake further scrutiny of the issue and commission a further report or undertake other activities.
  • To call upon a ‘Designated Person’ to attend a future scrutiny committee.
  • To set up a task and finish group to undertake a detailed review of an issue.

Explanatory notes

Designated person

The Local Government (Wales) Measure 2011 places a duty on local authority scrutiny committees to scrutinise other public service providers in its area. Section 61 of the Measure gave Welsh Ministers powers to “designate” individuals and organisations to be subject to scrutiny by local authority scrutiny committees. This will not come into effect until Welsh Government issue the Ministerial Order

Vexatious/persistent

Deciding whether a request is vexatious is a flexible balancing exercise, taking into account all the circumstances of the case. There is no rigid test or definition, and it will often be easy to recognise. The key question is whether the request is likely to cause distress, disruption or irritation, without any proper or justified cause.

Equalities and welsh language

Discrimination occurs when person A treats person B less favourably on the grounds of real or perceived differences, backgrounds or individual circumstances, in comparison with how they treat other people. The Equality Act 2010 lists the groups of people who have the right not be discriminated against. People who belong to these groups have what are called protected characteristics. Those are:

  • age
  • disability
  • gender identity and gender reassignment
  • marriage or civil partnership (in employment only)
  • pregnancy and maternity
  • race
  • religion or belief
  • sex
  • sexual orientation

The Welsh Language (Wales) Measure 2011 gives equal legal status to Welsh and English in Wales and gives legal rights to individuals to be able to live their lives through the medium of Welsh. The Welsh language must not be treated less favourably than English in the conduct of Council business.

Other groups are covered by various UN Conventions, EU, UK and Welsh Government legislation and regulations e.g. on Human Rights.

All Council policies, procedures and decisions must be impact assessed in order to ensure that the above issues have been properly developed, consulted upon and approved. The Integrated Impact Assessment section in reports should refer to this process.

The Council’s Strategic Equality Plan has greater detail on these issues and is available, along with a wide range of specific guidance documents (such as on impact assessments, complaints, procurement etc) are available on the council website.