Public consultation restricting public questions at CYP scrutiny committee
Case reference FOI2025/00971
Received 19 May 2025
Published 28 May 2025
Request
(Councillor Services, Democratic Services office)
Herefordshire Council constitution:
5.8.3. We encourage the public to attend meetings of the council and its committees.
5.8.10. Questions can be asked at public meetings.
5.8.12 Appropriate questions can be put by anyone living or working in Herefordshire…
5.8.16 One question and one supplementary question per person is allowed at any public meeting of the council as listed…
5.8.19 The Monitoring Officer will reject a question if it is not appropriate to be asked at a public meeting, reasons for rejection may include…
5.8.23 A questioner who has put a question in person or in writing can also ask one supplementary question, without notice, in response to the reply to their question.
I understand there is a recommendation to be acted upon at 23/5/2025 annual full council meeting to restrict public right to questions at Children & Young Persons scrutiny committee meetings.
So FOI Question 1
Can you provide me with the public consultation documents for this recommendation.
FOI Question 2
Can you provide me with the process used to ensure that there was transparency and fairness in the decision making process and to ensure adherence to Gunning Principles for public decision making.
Response
(Councillor Services, Democratic Services office)
Herefordshire Council constitution: 5.8.3. We encourage the public to attend meetings of the council and its committees. 5.8.10. Questions can be asked at public meetings. 5.8.12 Appropriate questions can be put by anyone living or working in Herefordshire… 5.8.16 One question and one supplementary question per person is allowed at any public meeting of the council as listed… 5.8.19 The Monitoring Officer will reject a question if it is not appropriate to be asked at a public meeting, reasons for rejection may include… 5.8.23 A questioner who has put a question in person or in writing can also ask one supplementary question, without notice, in response to the reply to their question. I understand there is a recommendation to be acted upon at 23/5/2025 annual full council meeting to restrict public right to questions at Children & Young Persons scrutiny committee meetings.
So FOI Question 1
Can you provide me with the public consultation documents for this recommendation.
Answer: The scrutiny review fulfils a commitment made at the March 2022 full Council meeting to produce annual effectiveness reports. In preparing the scrutiny review the statutory scrutiny officer was supported by a cross-party member-led working group who provided advice and comment on the review’s proposals and recommendations.
Herefordshire Council's constitution can be amended through a process that involves the Council considering a report on proposed changes, typically initiated by a working group or committee. Adopting and changing the constitution including standing orders is a function of Council. The Monitoring officer has delegations to make technical changes or those required by, and consequential changes to correct any error, resolve an inconsistency within the constitution or because of a subsequent decision of Council or Cabinet. These are very much internal processes for council consideration - and as such - there is no formal public consultation.
FOI Question 2
Can you provide me with the process used to ensure that there was transparency and fairness in the decision making process and to ensure adherence to Gunning Principles for public decision making.
Answer: The Gunning Principles do not apply; no formal public consultation was undertaken. The scrutiny review was produced and underpinned by the following evidence:
· An online survey of elected members and officers involved in scrutiny. This generated 63 responses, 29 from elected members and 34 from officers of the council.
· Face-to-face interviews with eleven senior officers of the council, all five scrutiny committee chairs, the Leader of Council and the Cabinet Member for Finance and Corporate Services.
· Focus groups with Cabinet members and with the leaders of the council’s political groups
· Desktop research analysing:
o Herefordshire Council’s constitution
o Committee structures in other unitary local authorities
o Public questions asked at Herefordshire Council committee meetings
o Public question provision at other unitary local authorities.
o Recommendations made by Herefordshire Council scrutiny committees, and scrutiny committees at neighbouring local authorities.
Documents
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