01 04 Key Decisions and the Forward Plan This section is relevant for report writers preparing executive decision-making

reports for Cabinet, Cabinet Members or action under officer delegated powers. All key decisions must be published, in a four-month rolling programme - the Forward Plan.. The agreement of the relevant Cabinet Member must be sought before items are included in the Forward Plan via the CMB. Key decisions: definition The definition was expanded at Council (22.05.13), and is set out in the Constitution: Constitution Part 3, Section 2 (rule 14.2), and also on the Forward Plan internet web page. Detailed issues to consider: It is very important that decisions are correctly classified. If a scrutiny committee subsequently decides that a decision was wrongly classified as not being a key decision, they may require Cabinet to report to full Council on the decision and the reasons why it was so classified. Whether report authors decide a decision is a key decision or not, they should keep a record of that assessment and advise the decision-maker accordingly by including a comment in the documentation prepared to enable the decision-maker to make the decision. The decision-taker may decide that notwithstanding the advice given, the proposed decision is a key one. By law, 28 clear days notice must be given of a key decision through publication in the Forward Plan (published virtually every Friday by Democratic Services). Advice is set out on the Forward Plan front page on the latest date an issue can appear before a particular cabinet meeting. The planned decision date must be at least the next working day after the effective date of the forward plan (usually the first day of the month) in which it appears for the first time. So, for example, if the Forward Plan comes into effect on the third day of the month, the earliest date a decision can be taken is the fourth day of that month. The Forward Plan includes "all matters likely to be the subject of 'key decisions' . for a period of four months". However, it is recognised that not all decisions will be known with four months notice issues such as plans and strategies should be included far in advance whereas other issues may only be known with a few weeks notice. Remember, key decisions are then subject to the five clear day call-in period, and if the decision is called-in for consideration at a public scrutiny committee meeting (see below) , the planned implementation date will at least be delayed for 3-4 weeks, and could then result in an amended or rejected proposed decision. Proposed key decisions cannot be enacted until the call-in period has elapsed or any call-in resolved. Examples of key decisions and non-key decisions 1. Officer delegated powers: A contract is let with a supplier for a particular service at a price of 100k. This is followed by a variation contract for the same services to the value of 160k. Neither decision is a key decision as neither contract is over 500k. The Corporate Procurement Guide states that contracts must not be artificially divided up in order to avoid EC procurement rules or making key decisions.

2. Officer delegated powers: A contract for services is let with a supplier for 550k; this is reported as a key decision. This is followed by a variation contract for the same services of 110k. This separate decision is not a key decision and so should not appear in the Forward Plan. It should however be reported in Officer Decisions. 3. Officer delegated powers: A contract for 260k is let for the replacement of gate posts on Council properties in four wards. This is not a key decision because it does not exceed the financial threshold and does not significantly affect two or more wards. 4. Officer delegated powers: Provision is made in the Capital estimates for 600k for purchase of 90 "green" cars for staff required to make site visits etc. This is clearly identified on a line in the approved estimates. The procurement process is undertaken and a contract of 570k awarded to the successful tenderer. The procurement decision to award the contract is a key decision. Preliminary work is not. 5. Cabinet decision: Vale Street depot: relocation of refuse fleet from Milkwood Road (Herne Hill) to Vale Street (Gipsy Hill). Considered to have a major impact on two or more wards traffic movement and environmental issues. Local ward councillors campaigned against the transfer. 6. Cabinet decision: Approval of the Culture strategy. This is a key decision; not part of the Council's budget and policy framework but one of the core plans and strategies listed in the Constitution at Part 3, Section 3 as being reserved to Cabinet for decision. 7. Cabinet decision: Approval of the Youth Justice Plan. This is not a key decision; it is part of the Council's budget and policy framework and requires approval by full Council on the recommendation of Cabinet. Where there is any doubt, advice should be sought from Governance & Democracy on whether a proposed decision is key or not, particularly when the subjective community test is being applied. Forward Plan: the process The key stage is the CMB pro forma. It is the responsibility of the CCO to include necessary items in the Forward Plan.