The Constitution of Southwark Council was scheduled for discussion at the meeting on Thursday 23 May 2024. The report pack provided a comprehensive overview of the council's constitutional framework, detailing the roles and responsibilities of various bodies and officers, as well as the procedures governing decision-making processes.

Southwark Council Constitution

The meeting's report pack focused entirely on the Southwark Council Constitution. This document serves as the foundational legal framework guiding the council's operations, decision-making processes, and procedures. It outlines how the council functions, ensuring that decisions are made efficiently, openly, and accountably to local residents. The constitution is divided into several parts, covering the introduction, articles, decision-making structures, rules, codes, protocols, and additional information.

Part 1: Introduction

This section provided an overview of the council's composition, including the number of wards and councillors, and the roles of the Council Assembly and the Cabinet. It detailed the political composition of the council, with the Labour party holding a majority of seats. The introduction also explained the purpose and contents of the constitution, emphasizing its commitment to clear, open, and accountable decision-making, inclusivity, community involvement, and efficient resource use. It highlighted the council's commitment to implementing the Equality Act 2010 and its declaration of a Climate Emergency, aiming for carbon neutrality by 2030.

Part 2: Articles

This part of the constitution outlined the fundamental articles governing the council's operation. Key articles included:

• Article 1: The Constitution: This article detailed the powers of the council, the purpose of the constitution, the principles of decision-making (including respect for human rights, law, probity, proportionality, openness, and consideration of climate and equality consequences), and the process for making changes to the constitution.
• Article 2: Members of the Council: This article defined the roles and functions of all councillors, emphasizing their responsibility to represent their communities, deal with casework, balance different interests, maintain high standards of conduct, and contribute to good governance.
• Article 3: Council Assembly: This article described the Council Assembly as the sovereign body of the council, responsible for approving the budget, developing policies, making constitutional decisions, and deciding on local legislation. It is chaired by the Mayor of Southwark.
• Article 4: Role and Function of the Mayor: This article outlined the role of the Mayor in chairing Council Assembly meetings, upholding the constitution, ensuring efficient meetings, promoting public involvement, and attending civic functions.
• Article 5: Overview and Scrutiny Committee and Commissions: This article detailed the functions of the overview and scrutiny committee, including policy development and review, health scrutiny, crime and disorder scrutiny, and the requirement to produce an annual report.
• Article 6: The Cabinet: This article described the role and composition of the Cabinet, headed by the Leader of the Council, and its responsibility for executive functions, including community planning, budget drafting, and decision-making on resources and priorities.
• Article 7: Regulatory and Other Committees: This article outlined the purpose of committees appointed to undertake non-executive functions.
• Article 8: Multi-ward Areas: This article described the establishment of multi-ward areas and the role of Community Champions in scrutinising funding applications and providing guidance for ward meetings.
• Article 9: Joint Arrangements: This article explained the council's ability to enter into joint arrangements with other authorities to promote well-being and exercise functions.
• Article 10: Officers: This article detailed the roles and functions of statutory officers, including the Head of Paid Service, Monitoring Officer, Chief Finance Officer, and Scrutiny Officer, and outlined the management structure.
• Article 11: Documents: This article covered the authentication and common seal of council documents.
• Article 12: Suspension and Publication of the Constitution: This article addressed the suspension of constitutional articles and the publication of the constitution.

Part 3: Who Takes Decisions?

This extensive section detailed the specific bodies and individuals responsible for making decisions within the council. It outlined the matters reserved for decision for each entity, ensuring clarity on where specific authorities lie. The key decision-making bodies and their reserved matters included:

• Council Assembly: Responsible for electing the Mayor, establishing committees, agreeing the budget and policy framework, and making constitutional decisions.
• Cabinet: Responsible for executive functions, including local leadership, policy formulation, financial management, and overseeing council services.
• Full Cabinet: Reserved matters included approval of recommendations to Council Assembly for the budget and policy framework, decisions on major reorganisations, and approval of new senior management posts.
• Individual Cabinet Members: Reserved matters included proposing revenue and capital budget allocations within their portfolio, agreement of statutory and other strategies, and decisions on matters reserved to individuals above specific financial thresholds.
• Cabinet Committees: Specific committees like the Cabinet (Livesey Trust) Committee and the Shared ICT Service Joint Committee had their own reserved matters.
• Planning Committees (A and B, and smaller applications): Responsible for determining planning applications, designating conservation areas, and commenting on local development framework documents.
• Licensing Committee and Sub-Committees: Responsible for approving council policies on licensing matters and determining licensing applications.
• Multi-Ward Forums: Had delegated authority for decisions on the neighbourhoods fund, cleaner, greener, safer, and devolved highway capital programmes.
• Appointments Committee: Responsible for appointing the Head of Paid Service, Monitoring Officer, Chief Finance Officer, and other chief officers.
• Corporate Parenting Committee: Responsible for overseeing and monitoring services provided to looked-after children.
• Audit, Governance and Standards Committee: Responsible for providing independent assurance of the council's governance arrangements, scrutinising financial performance, and promoting high standards of conduct.
• Health and Wellbeing Board: Responsible for preparing and publishing joint strategic needs assessments and joint local health and wellbeing strategies.
• Urgency Arrangements and Committees: Outlined procedures for decision-making during interim periods between elections.
• Panels: Included the Southwark Council Local Pension Board, Pensions Advisory Panel, Voluntary Bodies Appointments Panel, Constitutional Steering Panel, and Council Assembly Business Panel, each with specific advisory or oversight roles.
• Matters Delegated to Officers: All matters not specifically reserved to other bodies were deemed delegated to appropriate chief officers and heads of service.

Part 4: Rules

This part of the constitution contained the procedural rules governing how the council and its various bodies operated. Key rules included:

• Access to Information Procedure Rules: Outlined the public's rights to attend meetings, inspect documents, and receive copies of agendas and reports.
• Protocol on Key Decisions: Defined what constituted a key decision, based on financial thresholds or significant community impact, and the procedures for their inclusion in the forward plan.
• Budget and Policy Framework Procedure Rules: Detailed the process for developing and adopting the council's budget and policy framework, including consultation and decision-making by Council Assembly.
• Council Assembly Procedure Rules: Governed the conduct of Council Assembly meetings, including notice, quorum, debate, voting, and the process for handling petitions, public questions, deputations, and motions.
• Committee Procedure Rules: Set out the general procedures for committee meetings, including notice, quorum, debate, voting, and specific rules for various committees like Audit, Governance and Standards, Planning, Licensing, and the Health and Wellbeing Board.
• Cabinet Procedure Rules: Detailed how the Cabinet operates, including rules for meetings, conflicts of interest, consultation, and the process for individual cabinet member decisions and officer executive decision-making.
• Overview and Scrutiny Procedure Rules: Outlined the arrangements for overview and scrutiny, including membership, terms of reference, work programmes, and the call-in procedure for executive decisions.
• Contract Standing Orders: Established the rules and procedures for the council's procurement of goods, services, and works, ensuring value for money and compliance with legislation.
• Financial Standing Orders: Provided the framework for managing the council's financial affairs, covering financial administration, planning, budgeting, budgetary control, and treasury management.
• Officer Employment Procedure Rules: Governed the appointment, disciplinary action, and dismissal of council officers.

Part 5: Codes

This part included the Code of Conduct, which set out the principles and standards of behaviour expected of councillors and co-opted members, emphasizing selflessness, integrity, objectivity, accountability, openness, honesty, and leadership. It also detailed the requirements for registering disclosable pecuniary interests.

Part 6: Protocols

This part contained important protocols guiding the conduct and relationships within the council:

• Member and Officer Protocol: Provided guidance on the principles and procedures for joint working between members and officers, emphasizing mutual trust and respect, clear lines of communication, and appropriate conduct.
• Communication Protocol: Set out the rules and guidelines for all publicity issued or produced using council resources, ensuring compliance with legal frameworks, objectivity, even-handedness, and appropriateness, particularly during periods of heightened sensitivity such as elections.
• Member Allowances Scheme: Detailed the basic and special responsibility allowances payable to councillors, as well as travel, subsistence, and childcare allowances, and outlined the procedures for claiming these.

Part 7: Additional Information

This part included supplementary information:

• List of Councillors: Provided a list of all councillors, their wards, and political parties.
• Glossary: Defined key terms used throughout the constitution.
• Contract Standing Order Flowcharts: Visual aids for understanding procurement processes.
• Appointments to Joint Committees and Outside Bodies: Listed the appointments made to various joint committees and external organisations.
• Proper Officer List: Identified the officers responsible for specific statutory functions.
• Statutory and Guidance References: Provided a list of legislative provisions and guidance underpinning the constitution.

The report pack provided a comprehensive and detailed account of Southwark Council's constitutional framework, outlining the structures, rules, and protocols that govern its operations and decision-making processes.