Children, Families & Schools Committee
Agenda Item 8
Subject: Constitutional Matters
Date of meeting: 12 June 2023
Report of: Executive Director Strategy, Governance & People
Contact Officer: Name: Emma Thomson
Tel: 01273 291077
Email: emma.thomson@brighton-hove.gov.uk
Ward(s) affected: All
1.1 To provide information on the Committee's terms of reference and related matters including the appointment of its Urgency Sub-Committee.
2.1 That the Committee’s terms of reference, as set out in Appendix A to this report, be noted and;
2.2 That the establishment of an Urgency Sub-Committee consisting of the Chair of the Committee and two other Members (nominated in accordance with the scheme for the allocation of seats for committees), to exercise its powers in relation to matters of urgency, on which it is necessary to make a decision before the next ordinary meeting of the Committee be approved.
3.1 Article 6 of the constitution incorporates a schedule of all the Committees/Sub-Committees established in the new constitution together with a summary of their respective functions.
The Children, Families & Schools Committee– Terms of Reference
3.2 A copy of the terms of reference for the Committee is attached in Appendix A. These should be read in the context of the ‘Introduction and General Delegations’ included in the Scheme of Delegations to Committees and Sub-Committees at part 4 of the constitution.
Membership
3.3 The membership of the Committee is set at 10 Members of the council and 4 Co-opted Members.
3.4 The arrangements for substitute Members to attend meetings of Committees/ Sub-Committees are set out in the Council Procedure Rules 18.14 to 18.25.
Programme Meetings
3.5 Ordinary meetings of the Children, Families & Schools Committee are scheduled to take place on the following dates during 2023/24:
12 June 2023
11 September 2023
6 November 2023
8 January 2024
4 March 2024
3.6 Meetings of the Committee will normally be held at Hove Town Hall and will start at 4.00pm.
Urgency Sub-Committee
3.7 The Constitution states that each Committee of the Council except the Audit & Standards Committee may appoint an Urgency Sub-Committee to exercise its powers. The membership of such Urgency Sub-Committee shall consist of the Chair of the Committee, and two other Members nominated by the Group Leader or Leaders as appropriate to meet the requirements for the allocation of seats between political groups. Under current allocations this would mean an urgency Sub-Committee will consist of two Members from the Administration and one Member from the Offical Oppostion on the Council.
3.8 Such Urgency Sub-Committees may exercise their powers in relation to matters of urgency on which it is necessary to make a decision before the next ordinary meeting of the Committee. Every decision of each Urgency Sub-Committee shall be reported for information to the next ordinary meeting of the Committee as appropriate.
4.1 The council’s constitution provides for the appointment of the Sub-Committees and Urgency Sub-Committees, and it is for the Committee to determine this action and it could decide not to make such appointments. However, this would be contrary to the wishes of the council and is not therefore regarded as a viable alternative option.
5.1 All Members considered and approved the allocation of seats to Committees and Sub Committees and the Terms of Reference of new Committees on 25th May 2023.
6.1 The recommendations are being put forward in line with the requirements of the constitution.
7.1 There are no direct financial implications arising from the recommendations of this report. The financial implications of matters considered by the Urgency Sub-Committee will be included in reports to the Sub-Committee.
Finance officer consulted: James Hengeveld Date consulted: 02/06/2023
8.1 The proposals in the report comply with the legal framework set out in the
Localism Act 2011, the Local Government Act 2000 and other relevant
legislation.
Lawyer consulted: Elizabeth Culbert Date consulted: 02/06/2023
9.1 There are no equalities implications arising from the report.
10.1 There are no sustainability implications arising from the report.
Supporting Documentation
1. Children, Families & Schools Committee Terms of Reference