Return to the Contents of the Constitution page
Part 8 - Access to Information Procedure Rules
1. Scope
a. These rules apply to all meetings of the Council, meetings of the Cabinet, the Overview & Scrutiny Committees, the Standards Committee, regulatory committees and all other non-executive Committees and any Sub-Committees, which together are referred to hereafter as meetings. The rules will also apply to any area committees that may be established.
2. Additional Rights to Information
a. These rules do not affect any rights to information contained elsewhere in the Constitution or the law.
3. Rights to Attend meetings
a. Members of the public and media are welcome and encouraged attend all meetings subject only to the exceptions in these rules.
4. Notices of Meetings
a. The Chief Executive will, on behalf of the Council give at least 3 clear days notice of any meeting (unless called at a later time) by posting details of the meeting at the Town Hall, the Central Library and all other Libraries located in the Borough and on the Council's Website (www.lbwf.gov.uk).
5. Access to Agenda and Reports Before the Meeting
a. The Chief Executive will, on behalf of the Council, make copies of the agenda and reports open to the public and press available for inspection at the Town Hall and via the Council's Website (www.lbwf.gov.uk) at least three clear days before the meeting (unless it is not available until a later time).
b. If an item is added to the agenda later, as an item of urgent business at the direction of the Chair, the Chief Executive will make each such report available to the public and press and open to inspection as soon as the report is available to Councillors attending the meeting.
6. Supply of Copies
a. The Council will supply copies of:
(a) any agenda and reports which are open to public inspection;
(b) any further statements or particulars necessary to indicate the nature of the items in the agenda; and
(c) if the Chief Executive thinks fit, copies of any other documents supplied to Councillors in connection with an item to any person on payment of a charge for postage and any other costs.
7. Access to Minutes etc. After the Meeting
a. The Council will make available copies of the following for at least 6 years after a meeting:
(a) the minutes of the meeting, or records of decisions taken, together with reasons, for all meetings of the Cabinet and all other Committees of the Council, excluding any part of the minutes of proceedings when the meeting was not open to the public or which disclose exempt or confidential information;
(b) a summary of the proceedings not open to the public where the minutes open to inspection would not provide a reasonably fair and coherent record;
(c) the agenda for the meeting;
(d) reports relating to items when the meeting was open to the public.
8. Background Papers
a. List of Background Papers
The report author named at the head of every report will set out at the end of every report a list of those documents (under the heading Background Papers) relating to the subject matter of the report which in their opinion:
(a) disclose any facts or matters on which the report or an important part of the report is based; and
(b) which have been relied on to a material extent in preparing the report but does not include published works or those which disclose exempt or confidential information as defined in Rule 10 below.
b. Public Inspection of Background Papers
Every Executive Director will make arrangements to ensure that documents referred to in any report written by them or by a member of their staff are available for inspection for four years after the date of the meeting concerned. One copy of each of the background documents listed will be retained for this purpose.
9. Summary of Public Rights
a. These Rules, as part of the Constitution of the Council, will be regarded as the written summary of the public's rights to attend meetings and to inspect and copy documents. These Rules together with the whole Constitution, are available for inspection at the Town Hall Forest Road as well as available on the Council's Website (www.lbwf.gov.uk).
10. Meetings - Public Exclusion
10.1 Confidential Information - Requirement to Exclude Public
The public must be excluded from meetings whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that confidential information would be disclosed.
10.2 Exempt Information - Discretion to Exclude Public
The public may be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that exempt information would be disclosed. Where the meeting will determine any person's civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6.
10.3 Meaning of Confidential Information Confidential information means information given to the Council by a Government Department on terms, which forbid its public disclosure, or information, which cannot be publicly disclosed by Court Order.
10.4 Meaning of Exempt Information
Exempt information means information falling within the 15 categories (subject to any condition) set out in the table below. Information falling within any of paragraphs 1-15 is not exempt by virtue of that paragraph if it relates to proposed development for which the Council as local planning authority can grant itself planning permission under Regulation 3 of the Town and Country Planning General regulations 1992.
Category Condition
1. Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office-holder or applicant to become an office-holder under, the authority. Information is not exempt information unless it relates to an individual of that description in the capacity indicated by the description, i.e. it must relate to and be recognisable as referring to a particular individual in the roles indicated.
2. Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office-holder or applicant to become an office-holder under, a magistrates’ court committee or probation committee. Information is not exempt information unless it relates to an individual of that description in the capacity indicated by the description, i.e. it must relate to and be recognisable as referring to a particular individual in the roles indicated.
3. Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority. Information is not exempt information unless it relates to an individual of that description in the capacity indicated by the description, i.e. it must relate to and be recognisable as referring to a particular individual in the roles indicated.
4. Information relating to any particular applicant for, or recipient or former recipient of any service provided by the authority. Information is not exempt information unless it relates to an individual of that description in the capacity indicated by the description, i.e. it must relate to and be recognisable as referring to a particular individual in the roles indicated.
5. Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority. Information is not exempt information unless it relates to an individual of that description in the capacity indicated by the description, i.e. it must relate to and be recognisable as referring to a particular individual in the roles indicated.
6. Information relating to the adoption, care, fostering or education of any particular child. Child means a person under 18 and anyone who is 18 and is still registered as a school pupil, or is the subject of a care order, within the meaning of section 31 Children Act 1989.
7. Information relating to the financial or business affairs of any particular person (other than the authority) Information within paragraph 7 is not exempt if it must be registered under various statutes, such as the Companies Act or Charities Act. To be exempt the information must relate to a particular third person who must be identifiable.
8. The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services Information within paragraph 8 is only exempt if, and for so long as, disclosure of the amount involved would be likely to give an advantage to a person entering into or seeking to enter into a contract with the authority in respect of the advantage would arise as against the authority or as against other such persons.
9. Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services. Information within paragraph 9 is only exempt if, and for so long as, disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning that property or those goods or services. (The disposal of property includes granting an interest in or right over it).
10. The identity of the authority (as well as of any other person, by virtue of paragraph 7 above) as the person offering any particular tender for a contract for the supply of goods or services. For the purposes of this paragraph “tender” includes a trading account.
11. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matters arising between the authority or a Minister of the Crown and employees of, or officer-holders under the authority. Information within paragraph 11 is only exempt if and for so long as its disclosure to the public would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter “Labour relations matters” are as specified in paragraphs (a) to (g) of section 29(1) of the Trade Unions and Labour Relations Act 1974, i.e. matters which may be the subject of a trade dispute.
12. Any Instructions to counsel and any opinion of council (whether or not in connection with any proceedings), and any advice received, information obtained or action to be taken in connection with:
(a) any legal proceedings by or against the authority; or
(b) the determination of any matter affecting the authority; authority; whether, in either case, proceedings have been commenced or are in contemplation.
13. Information which, if disclosed to the public, would reveal that the authority proposes –
(c) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
(d) to make an order or direction under any enactment. Information within paragraph 13 is exempt only if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.
14. Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. Information within paragraph 13 is exempt only if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.
15. The identity of a protected informant. A “protected informant” means a person giving the authority information which tends to show that:
(a) a criminal offence;
(b) a breach of statutory duty;
(c) a breach of planning control; or
(d) a nuisance, has been, or is being, or is about to be committed.
11. Reports - Exclusion to Public Access
11.1 If the Chief Executive thinks fit, the Council may exclude access by the public to reports which in their opinion relate to items during which, in accordance with Rule 10, the meeting is likely not to be open to the public. Such reports will be marked "Not for publication" together with the category of information likely to be disclosed.
12. Application of Rules to the Cabinet
12.1 Rules 13 - 24 apply to the Cabinet and any committees it creates. If the Cabinet or a Cabinet Committee meet to take a key decision then it must also comply with Rules 1 - 11 unless Rule 15 (general exception) or Rule 16 (special urgency) apply. A key decision is one, which is likely to
1. result in the Council incurring expenditure which is, or the making of savings which are, significant having regard to the Council’s budget for the service or functions which the decisions relate or
2. be significant in terms of its effect on communities living or working in an area comprising one or more wards in the borough.
12.2 If the Cabinet or a Cabinet Committee meet to discuss a Key Decision to be taken collectively with an Executive Director or other member of staff present, within 28 days of the date according to the Forward Plan by which it is to be decided, then it must also comply with Rules 1 - 11 unless Rule 15 (general exception) or Rule 16 (special urgency) apply.
12.3 A Key Decision is as defined in sub paragraphs 1 and 2 above and Article 13.03 of this constitution. This requirement does not include meetings whose sole purpose is for Council staff to brief Cabinet Members when no executive or Key Decision may be taken.
13. Procedure Before Taking Key Decisions
13.1 Subject to Rule 15 (general exception) and Rule 16 (special urgency), a Key Decision may not be taken unless:
(a) a notice (called here a Forward Plan) has been published in connection with the matter in question;
(b) at least 3 clear days have elapsed since the start of the relevant period of the Forward Plan; and
(c) where the decision is to be taken at a meeting of the Cabinet or a Cabinet Committee, notice of the meeting has been given in accordance with Rule 4 (notice of meetings).
14. The Forward Plan
14.1 Period of Forward Plan
Forward Plans will be prepared by the Leader to cover a period of four months, beginning with the first day of any month. They will be prepared on a monthly basis and subsequent plans will cover a period beginning with the first day of the second month covered in the preceding plan.
14.2 Contents of the Forward Plan
The Forward Plan will contain matters which the Leader has reason to believe will be subject of a Key Decision to be taken by the Cabinet, a Cabinet Committee, individual members of the Cabinet, area committee or under joint arrangements in the course of the discharge of an executive function during the period covered by the plan. It will describe the following particulars in so far as the information is available or might reasonably be obtained:
(a) the matter in respect of which a decision is to be made;
(b) where the decision taker is an individual, their name and title, if any and where the decision taker is a body, its name and details of its membership;
(c) the date on which, or the period within which, the decision will be taken;
(d) the identity of the principal groups whom the decision taker proposes to consult before taking a decision;
(e) the means by which any such consultation is proposed to be undertaken;
(f) the steps any person might take who wishes to make representations to the Cabinet or decision taker about the matter in respect of which the decision is to be made, and the date by which those steps must be taken; and
(g) a list of documents submitted to the decision taker for consideration in relation to the matter.
The Forward Plan must be published at least 14 days before the start of the period covered. The Monitoring Officer (Head of Legal & Democratic Services) will publish once a year a notice in at least one newspaper circulating in the area, stating:
(a) that Key Decisions are to be taken on behalf of the Council;
(b) that a Forward Plan containing particulars of the matters on which decisions are to taken will be prepared on a monthly basis;
(c) that the Forward Plan will contain details of the Key Decisions to be made for the 4- month period following its publication;
(d) that each Forward Plan will be available for inspection at reasonable hours, free of charge, at the Council's offices;
(e) that each Forward Plan will contain a list of documents submitted to the decision takers for consideration in relation to the key decisions on the plans;
(f) the address from which, subject to any prohibition or restriction on their disclosure, copies of, extracts from, any document listed in the Forward Plan is available;
(g) that other documents may be submitted to decision takers;
(h) the procedure for requesting documents (if any) as they become available; and
(i) the dates on each month in the following year on which each Forward Plan will be published and available to the public at the Council's offices. Exempt information need not be included in a Forward Plan and confidential information cannot be included.
15. General Exception
15.1 If a matter, which is likely to be a Key Decision, has not been included in the Forward Plan, then subject to Rule 16 (special urgency), the decision may still be taken if:
(a) the decision must be taken by such a date that it is impracticable to defer the decision until it has been included in the next Forward Plan and until the start of the first month to which the next Forward Plan relates;
(b) the Proper Officer (Head of Legal & Democratic Services) has informed the Chair of the relevant Overview & Scrutiny in writing, by notice, of the matter to which the decision is to be made - and if the Chair is not available, has informed every member of the relevant Overview & Scrutiny in writing;
(c) the Proper Officer (Head of Legal & Democratic Services) has made copies of the notice available to the public at the Town Hall and on the Council's Website (www.lbwf.gov.uk); and
(d) at least 3 clear days have elapsed since the Proper Officer (Head of Legal & Democratic Services) complied with (a) and (b).
16. Special Urgency
16.1 If by virtue of the date by which a decision must be taken, Rule 15 (general exception) cannot be followed, then the decision can only be taken if the Leader or Chair of a Cabinet Committee or decision taker (if an individual) obtains the agreement of the Chair of the relevant Scrutiny Committee that the taking of the decision cannot be reasonably deferred. If there is no chair of a relevant Scrutiny Committee or if the chair of each relevant Scrutiny Committee is unable to act, then the agreement of the Mayor (ie Chair of the Council) or in their absence, the Deputy Mayor (ie Vice-chair of Council) will suffice.
17. Reports to Council
17.1 When an Overview & Scrutiny Committee can require a report
If an Overview & Scrutiny Committee thinks that a Key Decision has been taken which was not:
(a) included in the Forward Plan; or
(b) the subject of the general exception procedure; or
(c) the subject of an agreement with the Committee Chair or the Mayor or Deputy Mayor under Rule 16;
The Committee may require the Cabinet or executive decision taker [through the Cabinet] to submit a report to the Council within such reasonable time as the Committee specifies. The power to require a report rests with the Committee but is also delegated to the proper Officer who shall require such a report on behalf of the committee when so requested by the Chair or any five members. Alternatively the requirement may be raised by resolution passed at a meeting of the relevant Overview & Scrutiny Committee.
17.2 Cabinet's Report to Council
The Cabinet will submit a report required under 17.01 to the next available meeting of the Council. However, if the next meeting of the Council is within 7 days of the resolution of the Committee, then the report may be submitted to the meeting after that. The report to the Council will set out particulars of the decision, the individual or body making the decision and if the Leader is of the opinion that it was not a Key Decision, the reasons for that opinion.
17.3 Quarterly Reports on special Urgency Decisions
In any event the Leader will submit quarterly reports to the Council on the executive decisions taken in the circumstances set out in Rule 16 (special urgency) in the preceding 3 months. The report, which will form part of the Cabinet's Business Report to the Council, will include the number of decisions so taken and a summary of matters in respect of which those decisions were taken.
18. Record of Decisions
18.1 After any formal meeting of the Cabinet or a Cabinet Committee, whether held in public or otherwise, the Chief Executive will produce a record of all the decisions taken at that meeting as soon as practicable. The record will include a statement of the reasons for each decision and any alternative options considered and rejected at the meeting.
19. Cabinet and Cabinet Committee Meetings Relating To Matters Which Are Not Key Decisions
19.1 The Cabinet or a Cabinet Committee will take decisions on matters, which are not Key Decisions in public, unless it concerns exempt or confidential information.
20. Notice of Cabinet Meetings
20.1 Members of the Cabinet or its committees will be entitled to receive 3 clear working days notice of a meeting to which they are summoned unless the meeting is convened at shorter notice as a matter of urgency.
21. Corporate Briefings For the Cabinet
21.1 Corporate Briefings are briefing meetings for Cabinet Members at which no decisions are made. They are therefore not public meetings.
22. Overview and Scrutiny Committees Access to Documents
22.1 Rights to copies
Subject to Rule 23.2 below, an Overview and Scrutiny Committee (including its subcommittees) will be entitled to copies of any document which is in the possession or control of the Cabinet or its committees and which contains material relating to
(a) any business transacted at a public or private meeting of the executive or its committees – or
(b) any decision taken by an individual member of the executive.
22.2 Limit on rights
An Overview And Scrutiny committee will not be entitled to:
(a) any document that is in draft form;
(b) any part of a document that contains exempt or confidential information, unless that information is relevant to an action or decision they are reviewing or scrutinising or intend to scrutinise; or
(c) the advice of a political adviser.
23. Additional Rights of Access for Members
23.1 Material relating to previous business
All Members will be entitled to inspect any document which is in the possession or under the control of the Cabinet or its committees and contains material relating to any business previously transacted at a private meeting unless either (a) or (b) below applies.
(a) it contains exempt information falling within paragraphs 1 to 6, 9, 11, 12 and 14 of the categories of exempt information; or
(b) It contains the advice of a political adviser (NB no such post is currently established)
23.2 Material relating to Key Decisions
All Members of the Council will be entitled to inspect any document (except those available only in draft form) in the possession, or under the control, of the Cabinet, or its committees, which relates to any Key Decision unless paragraph (a) or (b) above applies.
23.3 Nature of rights
These rights of a Member are additional to any other right s/he may have.
Last Amended 18th October 2001
Contact Us
Democratic Services
Waltham Forest Town Hall
Forest
Road
Walthamstow E17 4JF
Email councillors@walthamforest.gov.uk
Tel
020 8496 3000
