This meeting was about the adoption of the Council’s Constitution, a document which sets out how the council operates, how decisions are made, and the processes that are followed to ensure they are transparent and accountable to local people. The report pack included a number of descriptions and explanations of the purpose, principles and operation of the Constitution, which divides the Council’s functions between those for which the whole Council is responsible and those which are delegated to the Executive and the regulatory and other committees.

The Council’s Constitution

The most significant item scheduled to be discussed was the Constitution itself. This document contains the Council’s commitment to “[provide] clear leadership in partnership with citizens, business and other organisations and to provide high quality, cost-effective services”. It describes how the 60 Councillors, who are democratically accountable to the residents of their wards, are elected every four years and details the rights and duties of Councillors. The document explains that “The overriding duty of councillors is to the whole community, but they have a special duty to their constituents, including those who did not vote for them.” The Constitution describes the role of the full Council:

To act as a forum where all Members can meet on a regular basis, act as a focus for the Council, discuss and debate issues of importance to the Borough and decide the Council’s budget and policy framework. and details the roles and responsibilities of: the Mayor; the five Overview and Scrutiny Committees, which consider all reports on services, including those involving policy development; the Executive, which is made up of the Leader and up to nine Cabinet members, each of whom has a remit to oversee a specific area of Council business; and the five regulatory and other committees (Planning Applications, Regulatory Licensing, Licensing, Pensions, and General Purposes). The Constitution contains the Council’s policy on citizens’ rights, which are explained in greater detail in the Access to Information Procedure Rules in Part 4. Some of these rights are legal, whilst others depend on the Council’s own processes. The Constitution lists the rights of citizens to:

• vote at local elections;
• contact their local Councillor;
• obtain a copy of the Constitution;
• attend meetings of the Council, the Executive and any committees or sub-committees (except in the case of confidential or exempt information being discussed);
• petition the Council;
• raise issues of concern with the overview and scrutiny committees;
• find out from the Forward Plan what key decisions are to be taken by the Council and when;
• see reports, background papers and records of decisions made by the Council and Executive, including any committees (except in the case of confidential or exempt information);
• inspect the Council’s accounts;
• make suggestions or complaints to the Council about its services; and
• complain to the Local Government Ombudsman.

Shared Staffing Arrangements

A key nuance of the Constitution is that it has been produced in the context of shared staffing arrangements with Richmond upon Thames London Borough Council:

The Council has entered into a formal agreement with the Council of the London Borough of Richmond-upon-Thames whereby the vast majority of staff are jointly employed by the two authorities and most services are managed by senior staff working across both councils. The document goes on to explain that: However, there is a “sovereignty guarantee” in place which ensures that decisions affecting services in the relevant borough are made in accordance with each respective council’s constitution. Each council must, by law, maintain its own constitution. The Constitution describes the implications for Wandsworth Council, including the existence of a Joint Staffing Committee and a Joint Pensions Committee to oversee aspects of staff and pensions shared between the two boroughs.

Decision Making

The Constitution also includes a description of how decisions are made, detailing the Executive arrangements, the process of Overview and Scrutiny, and the role of the Regulatory and other committees.

Summary and Explanation

The report pack also contains a section entitled “Summary and Explanation”. This document reiterates much of what is contained in the Constitution, including descriptions of the Executive arrangement, how Councillors are elected and how decisions are made. It contains a summary of Citizens’ Rights, including the rights to petition the Council, and to have a senior council officer give evidence at a public meeting about matters for which they are responsible:

If your petition contains 1,000 signatures or more, the relevant senior officer will give evidence at a public meeting of the Council’s overview and scrutiny committee. The document also contains an explanation of the Council’s scheme for dealing with petitions.

Responsibilities

The report pack also includes a detailed list of the responsibilities delegated to the different committees, the Executive, and council officers. It states that, “The Executive carries out and takes decisions on all of the Council’s functions which are not the responsibility of any other part of the Council.” The report pack details the responsibilities of the Executive Director of Adult Social Care and Public Health, including the power to authorise the burial or cremation of deceased persons under Section 46 of the Public Health (Control of Disease) Act 1984. It also describes the responsibilities of the Executive Director of Housing and Regeneration and the Executive Director of Environment and Community Services, describing the scope of their powers to take enforcement action in relation to a number of areas including graffiti, abandoned vehicles, the control of pollution, noise and contaminated land.

Proper Officers

The report pack also includes a list of those council officers who have been designated “Proper Officers” for specific roles, including, for example, the Executive Director of Children’s Services, who is the designated officer responsible for the inspection of premises and for visiting foster children and protected children under the Children Act 1989. It also lists the Executive Director of Adult Social Care and Public Health as the Proper Officer responsible for ensuring the cleanliness of pupils under Section 54(2) of the Education Act 1944.

Management Structure

The final part of the report pack details the management structure of the council, describing the role of the Chief Executive’s group, and the responsibilities of the five departments – Adult Social Care and Public Health; Children’s Services; Environment and Community Services; Housing and Regeneration; and Resources – including the specific roles and responsibilities delegated to the different officers. The report pack states that:

This is a shared staffing structure with Richmond-upon-Thames London Borough Council and that: Each Executive Director sits on the Directors’ Board which meets fortnightly and is chaired by the Chief Executive. The Head of Governance (the Deputy Monitoring Officer) acts as secretary to the Board. The Board considers key corporate issues and assists the Chief Executive in overseeing and co- ordinating the discharge of Council policy.