Local authority transparency in decisions

[MGMidget]

I wondered if anyone knows anything about the rules relating to local authority decision making (maybe someone who works for a local authority?). I believe that decisions made by local authority officers (i.e. delegated decisions or decisions made by a 'proper officer' who has a specific power granted by legislation) are supposed to be recorded in a written record, including reasons for the decision, alternatives considered etc. Is this correct and does it happen in practice? I am trying to get some information out of our local authority on a decision made by one of their officers which affects us and it is proving very hard to get the info. I have been through the FOI process and it has gone on for many months with the ICO having to get involved to get any info at all, then their lawyers responding to my internal review request. I want to go back and quote the rules to them and push for a written record of the decision but wanted to check if I am right in my understanding. So far I am being fobbed off with what appears to be an explanation of events drafted recently in response to my request rather than the original written decision which is what I want!

Under the Openness of Local Government Bodies Regulations 2014, if a decision has been delegated to an officer under a specific authorisation, or if there is a general authorisation and the effect of the decision is to grant a permission or licence, affect the right of an individual, or award a contract or incur expenditure (but only if the contract or expenditure is significant), the decision must be recorded as soon as reasonably practicable after it is taken. This record must include the date of the decision, the decision itself, the reasons for the decision and details of any alternatives considered and rejected. This is all in regulation 7. Regulation 8 requires these records to be made available to members of the public - under this regulation, the records should be on their website.

Thank you prh47bridge. Yes I found that rule too but was trying to understand how it applied in practice. I think the decision I am looking for affected the rights of a few individuals so probably needed to be recorded. However, it looks like there have been some irregularities. Do you know if councils have to record the delegation of decisions to officers? There is no record on the website of the particular statutory role having been assigned to an officer performing a particular function and it looks like the default position would be the chief executive taking the decision. They are telling me that the chief executive can delegate but it looks like local authority rules need things to be formally done with a record. There are long lists of delegated officer roles and 'proper officer' roles in their constitution but no mention of this particular role anywhere. It looks like they forgot to delegate it formally within the constitution.

A council must keep a list of the powers it has delegated to officers stating the title of the officer to whom each power has been delegated. However, this does not apply if the delegation is for less than 6 months.

Thank you for your help @prh47bridge.