The Governance Committee of Lewisham Council met on 23 April 2025 to discuss apologies for absence, the minutes of the previous meeting, declarations of interest, and a constitutional update report. The bulk of the meeting was scheduled to be dedicated to the constitutional update report. This report covered feedback from a workshop and recommendations for approval and adoption at the annual general meeting (AGM) of the council on 7 May 2025.

Constitution Update Report

The committee was scheduled to discuss a report concerning updates to the council's constitution, a document that defines how the council makes decisions and engages with the public. The report, contributed to by Jeremy Chambers, Director of Law & Corporate Governance (Monitoring Officer), Melanie Dawson, Head of Legal Services (Deputy Monitoring Officer), and Alex Glanz, Head of Scrutiny & Member Development, included recommendations relating to various elements of the constitution, and feedback from a workshop.

The report outlined that the constitution aims to:

i) lead to effective and efficient Council decision making; ii) make it clear to local people who is making decisions on their behalf; iii) give Councillors and local people greater opportunity to engage directly; iv) set out clearly the arrangements for local political governance; v) separate decision making from scrutiny of those decisions to create greater accountability.

The report also provided a timeline for the review of the constitution.

Scheme of Delegation

The committee was scheduled to consider a revised Scheme of Delegation, following a previous decision on 13 March 2025. The principles of this scheme included structuring it as a single scheme covering both executive and non-executive delegations, simplifying it for ease of navigation, and removing repetitions. The scheme was also intended to allow officers to make decisions relating to any executive and non-executive council function within their area, with clearly stated 'reserved matters'. It also aimed to remove the requirement for a Mayor and Cabinet decision to make a grant funding application.

Employment Procedure Rules

The committee was scheduled to discuss the Employment Procedure Rules, which set out provisions relating to declarations, canvassing, statement of duties, and other employment-related matters. The rules were checked for legal compliance, and no amendments were proposed aside from general tidying up.

Local Authority Code on Publicity

The committee was scheduled to discuss the Local Authority Code on Publicity, which sets out how the council deals with its obligations under the Local Government Act 1986 regarding council publicity. The code was checked for legal compliance, and no amendments were proposed aside from general tidying up.

Guidance for Members on Outside Bodies

The committee was scheduled to discuss the Guidance for Members on Outside Bodies, which details the roles and responsibilities of members appointed by the council to outside bodies, including voluntary organisations and local government associations. The guidance was checked for legal compliance, and no amendments were proposed aside from general tidying up.

Protocol on Planning and Lobbying

The committee was scheduled to discuss the Protocol on Planning and Lobbying, which sets out the role of members and officers in determining planning applications. The protocol includes provisions relating to lobbying, pre-determination, and interests. The workshops were asked for views regarding the inclusion of a requirement for all council planning applications to be considered by committee, for members of the committee to attend training before sitting on the committee, and that to be able to vote committee members must be present throughout the duration of the item being discussed.

Contract Procedure Rules

The committee was scheduled to discuss the Contract Procedure Rules, which are made under Section 135 of the Local Government Act 1972. The aims of the review were that the rules should be easy to read and navigate, avoid repetition and duplication, reflect the intent of current legislative context, set out key requirements for each stage of the procurement cycle, and signpost to further detailed guidance and information. The workshops were asked questions about the removal of references to the Community Right to Challenge¹ from the rules, contract valuations being inclusive of VAT, mandating a value of contract at which security must be obtained, and amending the levels at which quotations and tenders are obtained.

Financial Procedure Rules

The committee was scheduled to discuss the Financial Procedure Rules, which set out the role of the Section 151 Officer², the framework for financial administration, and are intended to ensure that the council's financial affairs are conducted in a sound and proper manner. The workshops were asked questions about revenue outturn reporting, the requirement that income receipts over £100,000 shall be notified to the Section 151 Officer in advance of receipt, increasing the recording threshold for assets valued at purchase, and clarifying that council staff under local management arrangements are expected to respect and uphold the Financial Regulations.

Licensing Remote Hearing Protocol

The committee was scheduled to note that the council's Licensing Committee will be formally considering the Remote Hearing Protocol in advance of the council's AGM and making recommendations to the council.

Appendices to the Constitution

The committee was scheduled to discuss the appendices to the constitution, which include the Petition Scheme, the Protocol on Recording Council Meetings, and the terms of reference for various committees and forums.

Further Minor Amendments to the Constitution

The committee was scheduled to discuss further minor amendments to the constitution, including amendments to the Council Procedure Rules regarding public and member questions, motions on notice, and the terms of reference for the Strategic Planning Committee. The workshops were asked whether the council should include additional wording for both public and member questions, whether the council should amend the wording of Council Procedure Rule 15.2 regarding motions on notice, and whether the following wording should be added to the Terms of Reference for the Strategic Planning Committee:

and any other application, which in the opinion of the Director of Planning following consultation with the Monitoring Officer, ought to be determined by Strategic Planning Committee.