4.8  Distinguishing between strategic and operational matters

The Code states that you should not become inappropriately involved in the operational management of the Council’s services.

The Standards Commission has produced:

When considering your involvement, think about whether the matter concerns your ward. If it relates to an operational matter in another ward and concerns a matter that you have no specific remit over or interest in, your involvement is likely to be inappropriate. If you repeatedly contact officers about an operational matter, you may be perceived as being directive or becoming inappropriately involved.

You have a right to receive good-quality information from officers to support your scrutiny role. However, you only have a right to information that is reasonably necessary to enable you to perform your duties properly. This is known as the ‘need to know’ principle. For more information, see the Briefing Note on Right of Access to Information Held by the Council.

You should not become involved in any individual staffing matter except when serving on a committee, such as a Personnel Appeals Committee, that is tasked with dealing with the specific matter. Having made a decision on an individual staffing matter when serving on a committee, you must not take part in any follow‑up work.

Examples of inappropriate involvement in operational matters

 

You should avoid:

  • requiring that the contents of a report or its recommendations are changed

  • seeking to sign off a press release on behalf of the Council

  • becoming involved in an individual staffing matter (unless serving on a committee specifically tasked to deal with such matters)

  • attending an operational meeting with an outside body or an internal officer working group where elected members are not normally present

  • seeking access to confidential internal audit reports

  • negotiating directly with trade unions

  • seeking to approve or amend an operational plan

  • becoming involved in setting or monitoring individual key performance indicators under a contract.

 

Activity 6  Managing expectations

Timing: Allow around 5 minutes

A constituent approaches you for help with some aspects of his social care. He tells you he has been discriminated against and ignored. You want to assist him as much as possible. He asks you to email the officers responsible for his case to request a meeting.

What should you do?

a. 

True


b. 

False


The correct answer is a.

a. 

True


b. 

False


The correct answer is b.

a. 

True


b. 

False


The correct answer is b.

Discussion

You should manage the constituent’s expectations by advising that you can seek information on his behalf, in accordance with your Council’s procedures, but you cannot overturn a decision. You may contact officers to note that the constituent is seeking a meeting, but you must not insist that they agree to this. It may be that his concerns have already been investigated and addressed. If not, you may advise the constituent about how to access the Council’s formal complaints process.

When contacting officers, you must not assume the constituent has been ignored or discriminated against, or that decisions have not been made in accordance with appropriate policies and procedures. It may be that he is simply unhappy with the outcome.

You should remember that you may be perceived as holding a position of power over officers, particularly more junior staff. They may feel pressured into taking a particular action or prioritising this matter over their other duties.

Now move onto Conclusion.

4.7  Relations with council officers