Issue details

Summary

This report will ask the Cabinet to make a decision on whether to proceed to appeal on a legal matter.

Access to Information

The report together with any other documents being considered (unless they contain exempt information) will be available for inspection 5 clear days before the decision is taken by the Cabinet. Copies are available on the Council's website or requested from Democratic Services Medway Council, Gun Wharf, Dock Road, Chatham, Kent, ME4 4TR or email democratic.services@medway.gov.uk. If you wish to submit information to the Cabinet about the item please also contact Democratic Services.

It is noted that the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 requires 28 clear days’ notice of the intention to make a key decision. On this occasion it has not been practicable to provide 28 clear days’ notice, nor 5 clear days’ notice, therefore Section 11 (Cases of special urgency) of the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 has been complied with. The Chairman of the Children and Young People Overview and Scrutiny Committee has agreed that consideration of this report is urgent and cannot be reasonably deferred until the next Cabinet meeting on 4 April 2023 toenable consideration of the matter at the earliest opportunity given that the next scheduled Cabinet meeting does not take place until after the deadline for submitting an appeal (17 March 2023).

It is noted that the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 requires 28 clear days’ notice of the intention to make a key decision. On this occasion it has not been practicable to provide this 28 clear days’ notice and therefore Section 10 (general exception) of the above regulations have been complied with. It was not possible to include this report on the Forward Plan with 28 days’ notice due to judicial notice and advice thereon.

Notice of Intention to Conduct Business in Private

This report will contain some information which the Cabinet may decide to consider in private. This is because, in the view of the Proper Officer, consideration of the information in public would give rise to the disclosure of exempt information as described in paragraphs 3 and 5 of Schedule 12A of the Local Government Act 1972 - information relating to the financial or business affairs of any particular person (including the authority holding that information) and Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Should you wish to make any representation for the discussion of this item to be held in public, you should contact: Democratic Services, Medway Council, Gun Wharf, Dock Road, Chatham, Kent, ME4 4TR or email democratic.services@medway.gov.uk

It is noted that the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 requires 28 clear days’ notice of a Cabinet meeting to be held in private. On this occasion it has not been possible to provide this 28 clear days’ notice nor 5 clear days’ notice, therefore Sections 5 (Procedures prior to private meetings) and 11 (Cases of special urgency) of the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 and Rules 13 (Procedure prior to a private meeting of the Cabinet) and 17 (Special urgency) of the Council’s Access to Information Rules, as set out in the Constitution, have been complied with. The Chairman of the Children and Young People Overview and Scrutiny Committee has agreed that consideration of this report is urgent and cannot be reasonably deferred until the next Cabinet meeting on 4 April 2023 to enable consideration of the matter at the earliest opportunity given that the next scheduled Cabinet meeting does not take place until after the deadline for submitting an appeal.

Additionally, in line with rule 15.11 of Chapter 4, Part 5 of the Constitution, call-in can be waived where any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the Public’s interests. The Chairman of the Children and Young People Overview and Scrutiny Committee has agreed that the decisions proposed are reasonable in all the circumstances and to them being treated as a matter of urgency and to waive call-in.