The Council was scheduled to discuss its constitution, which serves as a reference point for how the London Borough of Barking and Dagenham operates. The report pack that was produced for the meeting contains the current version of the constitution.

Purpose of the Constitution

The constitution was scheduled to be reviewed, as it provides the framework for how the council operates. According to the report pack, the constitution is derived from:

• Statute Acts of Parliament and Regulations
• Decisions of the Assembly (full Council)
• Decisions of the Council's Cabinet

The report pack states that the constitution is divided into chapters that set out the basic rules governing the council's business. The report pack also lists the principles that the constitution is based on:

• Enhancing service performance
• Accountability
• Transparency
• Community representation
• Increasing community involvement and engagement
• Corporate working

Amendment of the Constitution

The report pack states that the constitution may only be amended by a resolution of the Assembly, except where this function has been delegated to the Monitoring Officer.

Councillors

The roles and functions of all Councillors were scheduled to be discussed. The report pack states that Councillors have five main roles:

• community leadership and representation
• executive decision-making
• policy development and review
• overview and scrutiny
• quasi-judicial and regulatory

The report pack also states that Councillors will have rights of access to documents, information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law, but that this may not include certain confidential or exempt information.

Requirement to Attend Meetings

The report pack states that any Councillor who fails to attend any qualifying meeting of the Council for six consecutive months shall cease to be a Councillor, unless the failure was due to some reason approved by the Assembly before the expiry of that period.

Meeting Rules

The report pack states that the Chief Executive will be responsible for agreeing the programme of Council meetings for the municipal year following consultation with the Leader. The report pack also states that the Chief Executive may cancel or postpone any meeting prior to the issue of public notice of the meeting where, after consultation with the Chair, he/she considers that there is insufficient business to transact or where an event occurs which he/she considers would make it inappropriate to hold the meeting on the intended date.

Public Participation in Council meetings

The report pack states that the public have the right to ask questions and receive answers at meetings of the Council. The report pack also states that questions must be submitted to the Chief Executive by no later than midday 3 working days prior to the meeting in question, and that questions must relate to a substantive item on the agenda for that meeting.

The Assembly

The responsibilities of the Assembly were scheduled to be discussed. The report pack lists the functions of the Assembly, including:

• Approving and amending the Constitution
• Approving the Budget, including the level of Council Tax¹
• Appointing and removing the Leader of the Council
• Making appointments to outside bodies
• Exercising any function under a local Act
• Approving the annual Pay Policy of the Council

The report pack also states that the Assembly may arrange for the discharge of any of its functions by a Committee of the Council, a Sub-Committee of the Council or by an officer, with the exception of those functions reserved to the Assembly by statute or where a process has been prescribed by statutory Standing Orders.

Members' Questions

The report pack states that any Member may ask the Leader, a Cabinet Member or the Chair of a Committee any question without notice upon an item of report or recommendation of the Cabinet or Committee concerned, immediately following the presentation of that matter. The report pack also states that written notice of any questions relating to matters not on the agenda must be received by the Chief Executive by no later than 5.00pm on the Wednesday of the week before the Assembly meeting.

Motions With Notice

The report pack states that written notice of any motions must be received by the Chief Executive by no later than 4.00pm on the Wednesday two weeks before the meeting, except in respect of a vote of no confidence in the Leader of the Council.

Ceremonial Council and The Mayor

The functions of the Ceremonial Council were scheduled to be discussed. The report pack lists the functions of the Ceremonial Council as:

• Election of the Mayor
• Awarding the Freedom of the Borough
• Awarding the status of Honorary Alderman / Alderwoman
• Making any other special awards

The Cabinet

The role and legal status of the Cabinet was scheduled to be discussed. The report pack states that the Cabinet is a committee established under Section 11 of the Local Government Act 2000. The report pack also states that the legislation allows for executive functions to be discharged by:

• The Leader
• The Cabinet as a body
• A Committee of the Cabinet
• An individual Member of the Cabinet
• An Officer
• Joint arrangements, partnership boards and other such bodies
• Another local authority
• Area Committees

The report pack also lists the responsibilities of the Cabinet, including:

• All key decisions and other major issues affecting the Council
• Setting the Council Tax Base
• Setting rents in respect of Council dwellings and related properties
• Assessing and determining charges and fees
• Making policy regarding all employees in respect of pay and conditions of service and disciplinary matters
• Making Compulsory Purchase Orders
• Approving procurements and awarding of contracts
• Approving financial matters
• Approving land matters
• Reviewing corporate policies and strategies as appropriate
• Receiving reports on the performance of council owned companies

The Health and Wellbeing Board

The role and legal status of the Health and Wellbeing Board was scheduled to be discussed. The report pack states that the Health and Wellbeing Board is established under Section 194 of the Health and Social Care Act 2012. The report pack also states that the primary duty of the Health and Wellbeing Board is to encourage those who arrange for the provision of health or social care services to work in an integrated manner.

The report pack also lists the responsibilities of the Health and Wellbeing Board, including:

• To promote and advance the health and wellbeing of the people of Barking and Dagenham
• To encourage all agencies who arrange the provision of health and social care services to do so in an integrated manner
• To approve the Joint Strategic Needs Assessment on behalf of the Council
• To approve the Health and Wellbeing Strategy on behalf of the Council

Overview and Scrutiny Committee

The functions and responsibilities of the Overview and Scrutiny Committee were scheduled to be discussed. The report pack lists the functions and responsibilities of the Overview and Scrutiny Committee, including:

• Call-in
• Councillor Call for Action
• Crime and Disorder scrutiny
• Education
• Flood risk management
• Scrutiny of matters relating to the provision of services to children and young people
• Scrutiny of the provision, planning, management and performance of services relating to adult social care
• Scrutiny of the provision, planning, management and performance of housing, regeneration, economic development, public realm and transport matters
• Scrutiny of matters relating to the provision of business, jobs and skills within the Borough
• Scrutiny of the provision, planning, management and performance of public services related to culture, libraries, heritage, arts and community safety
• Scrutiny of issues relating to social inclusion, equalities, cohesion and faith

Planning Committee

The responsibilities for functions of the Planning Committee were scheduled to be discussed. The report pack lists the responsibilities of the Planning Committee as determining the following functions of the Council as the Local Planning Authority:

• Any application recommended for approval with five or more objections from local residents
• All major applications from the Council or a council owned company
• Applications which are recommended for approval and are considered by the Strategic Director, Inclusive Growth & Place to be contrary to any material aspect of the Local Plan
• Applications for the mining and working of minerals or the use of land for mineral working deposits
• Applications which are recommended for refusal and are considered by the Strategic Director, Inclusive Growth & Place not to be contrary to any material aspect of the Local Plan
• Applications submitted by or on behalf of a Councillor or by any employee (or their spouse/partner) of the Council's Inclusive Growth & Place section and Be First
• Applications which any Councillor requests in writing to the Strategic Director, Inclusive Growth & Place within 21 days from the date of validation of the application subject to agreement of the Chair
• Any other application or issue which, on advice from the Strategic Director, Inclusive Growth & Place, the Chair decides should be determined by the Planning Committee, by reason of its scale, impacts upon the environment or the level of public or likely Councillor interest

Licensing and Regulatory Committee

The responsibilities for functions of the Licensing and Regulatory Committee were scheduled to be discussed. The report pack lists the responsibilities of the Licensing and Regulatory Committee as:

• Exercising all of the Council's licensing and regulatory duties, functions and powers permitted under the Licensing Act 2003 and the Gambling Act 2005
• Appointing a Licensing Sub-Committee to deal with the functions which are the responsibility of the Committee
• Monitoring and reviewing the discharge of the Council's functions as a Licensing Authority

Pensions Committee

The responsibilities for functions of the Pensions Committee were scheduled to be discussed. The report pack lists the responsibilities of the Pensions Committee as:

• To approve all policy statements required or prepared under the LGPS Regulations
• To be responsible for the overall investment policy, strategy and operation of the Fund and its overall performance
• To appoint and terminate the appointments of the Fund Actuary, Custodian, professional advisors to, and external managers of, the Fund and agree the basis of their remuneration
• To monitor the LGPS Regulations, Codes of Practice or guidance issued by the Pensions Regulator and the National Scheme Advisory Board as they apply to pension benefits and the payment of pensions and their day-to-day administration and to be responsible for any policy decisions relating to the administration of the scheme
• To consider any recommendations made or views expressed by the London Borough of Barking and Dagenham Pension Board

Audit and Risk Committee

The roles and functions of the Audit and Risk Committee were scheduled to be discussed. The report pack lists the roles and functions of the Audit and Risk Committee as:

• Considering regular update reports concerning the work of Internal Audit
• Considering and agreeing an Annual Audit Report from the Chief Financial Officer
• Supporting the independence of external audit
• Reviewing the scope and depth of external audit work
• Considering the Annual Governance Report, the Annual Audit Letter and other relevant reports
• Receiving reports and making appropriate recommendations concerning corporate governance, risk management, decision-making and information governance
• Monitoring the effective development and operation of risk management in the Council
• Receiving reports and making appropriate recommendations concerning customer complaints and Local Government Ombudsman enquiries
• Monitoring the arrangements and preparations for financial reporting to ensure that statutory requirements and professional standards are met
• Reviewing and approving the Annual Statement of Accounts

Standards Committee

The roles and functions of the Standards Committee were scheduled to be discussed. The report pack lists the roles and functions of the Standards Committee as:

• Promoting and maintaining high standards of conduct by Councillors and Co-Opted Members of the Authority
• Appointment of a Hearing Sub-Committee to hear and make recommendations to the Monitoring Officer concerning complaints about Councillors and Co-opted Members
• Receiving periodic reports from the Monitoring Officer on dispensations granted / refused, complaints received against Councillors, complaints resolved informally, complaints resolved after an investigation by the Hearing Sub-Committee and assessing the operation and effectiveness of the Councillors' Code of Conduct
• Receiving periodic reports from the Monitoring Officer on Gifts and Hospitality received by Members and Officers
• Advising on training or arranging to train Councillors and Co-opted Members on matters relating to the Councillors' Code of Conduct
• Assisting Councillors and Co-opted Members to observe the Councillors' Code of Conduct
• Receiving referrals from the Monitoring Officer into allegations of misconduct, in accordance with the Council's assessment criteria
• Advising on the contents of and requirements for codes / protocols / other procedures relating to standards of conduct throughout the Council
• Maintaining oversight of the Council's arrangements for dealing with complaints
• Informing the Assembly and the Chief Executive of relevant issues arising from the determination of Code of Conduct complaints
• On referral by the Monitoring Officer, granting dispensations pursuant to S33(2) (b), (c) and (e) of the Localism Act 2011 to enable a Councillor or Co-opted Member to participate in a meeting of the Authority
• Hear and determine appeals against refusal to grant dispensations by the Monitoring Officer pursuant to S33(2)(a) and (d) of the Localism Act 2011

Joint Arrangements

The report pack states that the Assembly may establish joint arrangements with one or more local authority and/or their executives to exercise functions which are not executive functions in any of the participating authorities, or to advise the Council. The report pack also states that the Cabinet may establish joint arrangements with one or more local authorities or other organisations to exercise functions which are executive functions or to advise the Cabinet.

The report pack also mentions the East London Waste Authority (ELWA) and the Local London Joint Committee.

Outside Bodies

The report pack states that both the Assembly and the Cabinet have the powers to appoint Members, Officers and others to serve on outside bodies in a variety of capacities. The report pack also states that there are three circumstances in which a Member or an Officer might attend an outside body:

• to manage or play a direct part in the affairs of that body
• to offer advice and information on behalf of the Council
• to observe, perhaps participating in discussion, but taking no part in decision-making or management

Decision Making

The report pack states that Section 13 of the Local Government Act 2000 provides that all the functions of the Council shall be functions of the Executive (Cabinet) except in so far as they are reserved to the Council by regulations made under the Act. The report pack also lists the principles of decision-making as:

• Proportionality
• Due consultation and the taking and paying due regard to professional advice from officers
• Respect for human rights
• A presumption in favour of openness
• Clarity of aims and desired outcomes
• Consistent with the Council's Budget and Policy Framework, Contract Rules, Financial Regulations and other Rules, legislative requirements and any other requirements set out in this Constitution

Access to Information

The report pack states that the rules apply to all meetings of the Council established under Section 101 of the Local Government Act 1972, Sections 11, 21 or 53 of the Local Government Act 2000 and Section 194 of the Health and Social Care Act 2012. The report pack also states that Members of the public may attend all meetings subject only to the exceptions in these rules. The report pack also states that the Council will give at least five clear days' notice of any meeting.

Budget and Policy Framework

The report pack states that the Assembly will be responsible for the adoption of the Council's Budget and Policy Framework, and that once a Budget or a Policy Framework is in place, it will be the responsibility of the Cabinet to implement it. The report pack also states that the Assembly may, from time to time, review which plans and strategies shall comprise the Policy Framework.

Officers

The report pack states that the Council will engage such officers as it considers necessary to carry out its functions. The report pack also states that the Council will engage people for the following posts, who will be designated chief officers:

• Chief Executive
• Strategic Director, Children and Adults
• Strategic Director, Inclusive Growth and Place
• Strategic Director, Housing, Environment and Communities
• Strategic Director, Resources
• Director of Strategy

The report pack also lists the functions of the Head of Paid Service, the Monitoring Officer, and the Chief Financial Officer.

Officer Scheme of Delegation

The report pack includes the officer scheme of delegation, which sets out those functions which have been delegated to officers. The report pack states that non-executive functions are delegated to officers from the Assembly, Committees and Sub-Committees under section 101 of the Local Government Act 1972 and, in the case of licensing and gambling, under section 10 of the Licensing Act 2003 or section 154 of the Gambling Act 2005. The report pack also states that executive functions are delegated to officers by the Leader or from the Cabinet under section 14 of the Local Government Act 2000.

Contract Rules

The report pack includes the council's contract rules. The report pack states that the contract rules are the council's procedure rules for procuring goods, services and works for the council, and that they are intended to promote good purchasing practice and public accountability and to deter acts of corruption. The report pack also states that the rules apply to all contracts and procurements for goods, works or services entered into by or on behalf of the Council, irrespective of whether the contract is financed from Council funds or from external funds, grant or other funds intended to be spent on procurement by the Council.

Financial Regulations

The report pack includes the council's financial regulations. The report pack states that the financial regulations provide the framework for managing the financial affairs of the Council, and that they govern daily financial administration, controls and compliance activities, applying to all activities of the Council. The report pack also states that the regulations apply to all elected Members and staff, including temporary/agency staff, interims and consultants.

Employment Procedure Rules

The report pack includes the council's employment procedure rules. The report pack states that the rules shall be regarded as Standing Orders of the Council for the purposes of The Local Authorities (Standing Orders) (England) Regulations 2001. The report pack also states that the Council has a recruitment and selection policy and operational requirements which all Councillors and officers who undertake recruitment, selection and appointment must apply.

Land Acquisition and Disposal Rules

The report pack includes the council's land acquisition and disposal rules. The report pack states that the rules apply to all relevant land acquisitions and disposals except where any provision is waived by the Cabinet by urgent action, or when the disposal of an interest in property results from statute and the Council cannot resist the disposal. The report pack also states that references to land in the Rules include any property constructed on land or land itself, and that the terms acquisition and disposal apply to any relevant interest in land, including freehold, leasehold, tenancies, licences, restrictive covenants, wayleaves, easements, options, etc.

Councillors' Code of Conduct

The report pack includes the councillors' code of conduct. The report pack states that as a Councillor, you have a duty to maintain high standards of conduct, and that the purpose of the Code is to assist you in the discharge of your obligations to the Council, the local community and the public at large. The report pack also states that the Code applies to you whenever you are acting in your capacity as a member of Barking and Dagenham Council.

Councillors' Code of Conduct for Planning Matters

The report pack includes the councillors' code of conduct for planning matters. The report pack states that the Council is the Local Planning Authority for Barking and Dagenham, and that the Council's planning decisions must be taken with regard to policies contained in the adopted Development Plan, any supplementary planning guidance and any other material planning considerations. The report pack also states that the law relating to the planning process obliges Members of the Committee to act in a quasi-judicial and independent manner, and that they are required to consider planning applications and site-specific policy issues solely on their own merits, in line with published relevant policy.

Councillors' Code of Conduct for Licensing Matters

The report pack includes the councillors' code of conduct for licensing matters. The report pack states that the Licensing Act 2003 transferred to the Council responsibility for the licensing of the supply and sale of alcohol, and rationalised this with the control of regulated entertainment and late night refreshment. The report pack also states that the Act requires that the licensing functions are carried out with a view to promoting the statutory Licensing Objectives of:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm

Employees' Code of Conduct

The report pack includes the employees' code of conduct. The report pack states that the public is entitled to expect the highest standards of conduct from all employees of Barking and Dagenham Council, and that the Council's Employee Code of Conduct sets out what is and is not acceptable behaviour so that standards are maintained. The report pack also states that the Employee Code of Conduct applies to all employees of Barking and Dagenham Council, as well as those engaged at the Council as part of a strategic partnership agreement, interim and agency arrangement; on a voluntary basis; or via another organisation to provide services on behalf of the Council, including Council-owned companies.

Protocol for Councillor / Employee Relations

The report pack includes the protocol for councillor / employee relations. The report pack states that the aim of this protocol is to describe the relationships, roles and behaviours which should exist between elected Councillors and employees in a modern, well run local Council, and that the protocol provides guidance on how the complementary but very different roles of Councillors and employees should work. The report pack also states that the protocol is adopted Council policy and applies to all Councillors and, where relevant, statutory co-opted members, and to all employees of the Council.

Members' Allowances Scheme

The report pack includes the members' allowances scheme. The report pack states that the Members' Allowances Scheme is approved each year by the Assembly at its annual meeting, and that the Assembly shall have regard to any recommendations made by an independent remuneration panel before making or amending the Scheme. The report pack also states that the allowances payable are:

• Basic Allowance
• Special Responsibility Allowance
• Co-opted Members' Allowance
• Travelling and Subsistence Allowance
• Dependants' Carers' Allowance
• Other allowances as described in the Scheme

Review, Revision, Suspension, Interpretation and Publication of the Constitution

The report pack includes a section on the review, revision, suspension, interpretation and publication of the constitution. The report pack states that the Monitoring Officer will monitor and review the operation of the Constitution to ensure that its aims and principles are given full effect. The report pack also states that all changes to the Constitution shall be approved by the Assembly, with some exceptions that may be made by the Monitoring Officer. The report pack also states that the rules and protocols within the Constitution may not be suspended except in exceptional circumstances.