Minutes:
The Chair reported that a request for Call In of an Executive decision made on 15 October 2020.
The decision was in relation to an updated financial position with regard to Lincoln Arts Trust Limited further to the prior decision of the Executive on 26 August 2020 not to renew the service level agreement, which was due to expire on 31 March 2020.
Specific details were set out in the exempt report and minute extract of the meeting held on 15 October 2020.
Councillor Thomas Dyer, as lead signatory to the Call In, was invited by the Chair to address the Committee who explained the reasons for Call In. These were noted as follows:
· that having regard to the nature of the decision and the circumstances in which it was made, the decision had been taken on the basis of inappropriate or sufficient consultation;
· that the decision maker had failed to take relevant considerations which no reasonable decision maker, taking everything properly into account, could have come to;
· that the decision was contrary to or not wholly in accordance with the budget;
· that a viable alternative was not considered.
He outlined the suggested recommendation he felt the Committee should make to the Executive, noted as follows:
· refer the item to the Policy Scrutiny Committee and subsequently Full Council for approval;
· to include an option to approve no additional funding allocation to the Lincoln Arts Trust with item 4;
· to increase the terms, should the Council agreed to allocate funding, as set out in the Call In request form.
The Chair invited members of the Committee to ask any questions in relation to the reasons for Call In.
The Chair invited Councillor Ric Metcalfe, Leader of the Council, to respond to the Call In request. Councillor Metcalfe responded to each of the points set out and put forward his explanation as to why the Executive decision had been taken, refuting the grounds for Call In that had been included as part of the application for Call In.
The Chair invited members of the Committee to ask any questions of the Leader relating to the decision. A number of questions were asked, with answers provided. Signatories to the Call In were also provided with an opportunity to ask questions of clarification.
The Chair asked the Committee to consider whether the request for Call In should be approved or refused.
It was RESOLVED that the request for Call In be refused, for the following reasons:
· That having regard to the nature of the decision, and the circumstances in which it was made, the decision has been taken on the basis of appropriate or sufficient consultation.
· That the decision maker has given adequate reasons for the decision.
· That the decision maker has taken relevant considerations into account and has come to a decision which a reasonable decision maker, taking everything properly into account, would have come to.
· That the decision is not contrary to the policy framework.
· That the decision is not contrary to, and is wholly in accordance with, the budget.
· That the decision can be justified and is not open to challenge on the basis of the evidence considered.