Call-in Procedure
What is a Call-in?
One of the main responsibilities of Scrutiny is to make sure that the Cabinet is effectively discharging its powers. In order to do this, Scrutiny Councillors have the right to question Cabinet decisions. This is known as a Call-in and should only used in exceptional circumstances.
When a decision is made by the Cabinet the decision is published and the Chair of the Overview and Scrutiny Board is sent copies of the records of all such decisions. The decisions will come into force, and may then be implemented, five working days after the publication of the decision, unless at least five members of the Council object and wish to call it in.
If so notified, the Monitoring Officer will Call-in a decision for Scrutiny by the Overview and Scrutiny Board and will alert the elected Mayor and Cabinet. The item is then placed on the next Overview and Scrutiny Board agenda. Alternatively, a special meeting of the Overview and Scrutiny Board can be called to address the item.
Decisions can be called in if they:
- Are not in line with Council policy
- Are not in accordance with the Council’s budget
- Are not in accordance with the principles of decision-making set out in Article 13 of the
Constitution
Any five Councillors can request that a decision be called in, and must make known their grounds for doing so. The Overview and Scrutiny Board will then decide whether they agree, and if so they may ask either Cabinet or the Full Council to reconsider the decision.
If the Overview and Scrutiny Board does not meet within ten working days of the Call-in, or does meet but does not refer the matter back to the Cabinet, the initial decision shall take effect. Having considered the decision, if the Overview and Scrutiny Board agrees with the initial reasons for concern, the decision can be referred back to the Cabinet of Full Council for reconsideration, with recommendations if from the Board.
The following outcomes are possible:
- If the decision is referred to the Cabinet, the item will be placed on the next Cabinet agenda. They will then reconsider the item and the recommendations from the Board, and adopt a final decision.
- If the decision is referred to Full Council, the item will be included on the next Council agenda, and will also go to the next Cabinet meeting. If the Council does not object to the decision which has been made, then no further action is necessary and the decision will be effective. However, if the Council does object, a meeting of the Cabinet will be convened to reconsider the decision within five working days of the date of the Council’s objection.
- If the Council does not meet, or if it does not refer the decision back to the Cabinet, the decision will become effective on the date of the Council meeting or expiry of the period in which the Council meeting should have been held, whichever is earlier.
- If the decision maker or Full Council rejects a call in, and the Overview and Scrutiny Board is still concerned, they may refer the matter to the appropriate Scrutiny Commission who may monitor the implementation of the decision.
Call-in and urgency
The Call-in procedure does not apply in cases where the decision being taken by the Cabinet is urgent. A decision will be deemed as urgent if any delay likely to be caused by the Call-in process would seriously prejudice the Council’s or the public’s interests. The record of the decision, and notice by which it is made public shall state whether in the opinion of the Cabinet, the decision is an urgent one, and therefore not subject to Call-in. In such cases the Speaker must agree both that the decision proposed is reasonable and that it should be treated as a matter of urgency. Decisions taken as a matter of urgency must be reported to the next available meeting of the Council, with the reasons for urgency clearly explained.
The operation of the provisions relating to call-in and urgency are monitored annually, and a report is submitted to Council with proposals for review if necessary.
Page updated: 20 Oct 2008