Officer Decisions

Officers exercise delegated decision making powers in respect of both non-executive and executive functions of the Council.

The present Scheme of Delegation from the Leader of the Council, which sets out how executive functions will be discharged, provides for delegated decision making by officers. Appendix 9 of the Constitution sets out the non-executive functions delegated to officers. All executive functions, other than those reserved by Cabinet, may be discharged by officers.

The Chief Executive and Strategic Directors of the Council have established their own sub-schemes of delegation detailing which and how both non-executive and executive functions will be discharged on behalf of the authority.

Decision records for the discharge of functions by officers are published below. These decision records set out the following information:-

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by Council officers.

Officer Decisions

12/07/2021 - (R&E) Anti-Social Behaviour (Revised) Policy 2021 ref: 1196    Recommendations Approved

The Anti-Social Behaviour Policy has been refreshed to include the latest legislation and service provision.

Decision Maker: Strategic Director of Regeneration and Environment

Decision published: 26/07/2021

Effective from: 12/07/2021

Decision:

RECORD OF OFFICER EXECUTIVE DECISION

 

 

Date of Decision:

 

12 July 2021

Decision Maker:

(Including Job Title)

 

Paul Woodcock, Strategic Director – Regeneration and Environment

Specific Delegation:

(If any)

 

Nonspecific

Brief Description of Decision:

 

 

1.  That the updated Anti-Social Behaviour Policy be approved.

 

2.  That a further review of Policy be undertaken within a two-year period.

 

Reasons for the Decision:

 

 

It is a statutory requirement to have in place a policy in relation to anti-social behaviour and in addition, there have been a range of changes both nationally and locally which the new Policy aims to capture.

 

Details of alternative options considered and rejected:

 

The Council could choose not to update the Policy however, due to the legal requirement for a clear Policy to be in place, alongside the need to update and reflect legal changes since the Policy was last agreed, this option is not recommended.

 

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None

Dispensations Granted:

(If any)

 

None

Reports or parts of reports considered

The report of the Strategic Director - Regeneration and Environment - Revised Anti-Social Behaviour Policy 2021.

 

I certify that this is a true record of the executive decision in relation to the Revised Anti-Social Behaviour Policy 2021

 

 

 

 

      

Signed by the Decision Maker  

Dated:       12 July 2021

Name:        Paul Woodcock                           

Job Title:   Strategic Director, Regeneration & Environment

 

 

Wards affected: (All Wards);

Lead officer: Sam Barstow


23/07/2021 - (R&E) Waste Service – Impact of Covid-19 ref: 1200    Recommendations Approved

To approve the suspension of garden waste collections, from Monday 26th July, initially for a period of two weeks in order to ensure that priority waste collection services can be delivered reliably and to ensure the continuity of critical waste service, given high levels of staff absence.

Decision Maker: Strategic Director of Regeneration and Environment

Decision published: 23/07/2021

Effective from: 23/07/2021

Decision:

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION

 

Date of Decision:

 

22nd July 2021

Decision Maker:

(Including Job Title)

 

Paul Woodcock

Strategic Director of Regeneration and Environment

 

Specific Delegation:

(If any)

 

Non-specific

 

Brief Description of Decision:

 

To approve the suspension of garden waste collections, from Monday 26th July, initially for a period of two weeks in order to ensure that priority waste collection services can be delivered reliably.

 

Reasons for the Decision:

 

 

To ensure the continuity of critical waste service, given high levels of staff absence.

Details of alternative options considered and rejected:

 

See enclosed report.

 

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

 

No conflicts of interest declared.

Dispensations Granted:

(If any)

 

Not Applicable.

Reports or parts of reports considered

 

Report to Cabinet Member of Waste, Roads and Community Safety dated 21st July 2021.

 

 

I certify that this is a true record of the executive decision in relation to the suspension of garden waste collections, from Monday 30th March 2020, initially for a period of six weeks.

 

Signed by the Decision Maker     

 

Dated         22.07.21

 

Name:           Paul Woodcock

Job Title:       Strategic Director of Regeneration and Environment

Wards affected: (All Wards);

Lead officer: Tom Smith


23/07/2021 - Reopening the High Street Safely Fund (RHSFF) and Welcome Back Fund (WBF) ref: 1201    Recommendations Approved

To agree to a proposed list of activities and interventions funded by the Rotherham’s RHSHH/WBF allocation of £471,455.

Decision Maker: Strategic Director of Regeneration and Environment

Decision published: 23/07/2021

Effective from: 23/07/2021

Decision:

RECORD OF OFFICER EXECUTIVE DECISION

 

Date of Decision:

23 July 2021

 

Decision Maker:

(Including Job Title)

 

Paul Woodcock, Strategic Director – Regeneration and Environment

Specific Delegation:

(If any)

 

Non-specific

Brief Description of Decision:

 

 

That the proposed list of activities contained in the report are approved for implementation using the Welcome Back Fund monies.

 

Reasons for the Decision:

 

 

To agree to a proposed list of activities and interventions funded through the Rotherham’s RHSS/WBF allocation of £471,455

Details of alternative options considered and rejected:

 

That the proposed list of activities is agreed and officers commence delivery as quickly as possible – Recommended option.

 

If some or all of the activities are not approved, new activities would need to be identified and submitted to MHCLG, costing time and making it more likely the full allocation would not be spent in time.

 

The Council could consider not utilising the funding and returning the allocation (or part) to MHCLG (Government). This is not recommended as the proposals put forward seek to utilise the funds in order to benefit Rotherham both in terms of economic recovery but also assisting with managing the spread of Covid 19.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

Not applicable.

Dispensations Granted:

(If any)

All spend must completed by 31st March 2022, with claims made quarterly in arrears on defrayed spend.

 

The Council is the accountable body for the project, signing a grant funding agreement with MHCLG.

Reports or parts of reports considered

Report of the Strategic Director and associated appendices.

 

 

 

I certify that this is a true record of executive decision regarding the approval of the proposed list of activities contained in the report for implementation using the Welcome Back Fund monies.

 

Signed by the Decision Maker  

 

Paul Woodcock

 

 

Dated:        23 July 2021

Name:        Paul Woodcock                 

Job Title:     Strategic Director

Wards affected: (All Wards);

Lead officer: Simeon Leach


19/07/2021 - (R&E) Claim to add public footpaths to the Definitive Map at Kimberworth. ref: 1198    Recommendations Approved

The Council has received an application asserting that a number of public footpaths exist at an area of land off Droppingwell Road, Kimberworth. These routes are currently not recorded as rights of way on the Definitive Map. The Council has a statutory duty to assess the claims within 12 months of receipt through due process.

Decision Maker: Strategic Director of Regeneration and Environment

Decision published: 19/07/2021

Effective from: 19/07/2021

Decision:

RECORD OF OFFICER EXECUTIVE DECISION

 

Date of Decision:

19 July 2021

 

Decision Maker:

(Including Job Title)

 

Paul Woodcock, Strategic Director – Regeneration and Environment

Specific Delegation:

(If any)

 

Nonspecific

Brief Description of Decision:

 

 

1.    That the Strategic Director – Regeneration and Environment requests that Legal Services make a Definitive Map Modification Order (DMMO) to add the routes as detailed in the officer’s report to the Definitive Map as public footpaths.

 

2.    That the statutory consultation takes place for the required 6-week period.

 

3.    That in the event of no objections being received, or if such objections are received and are subsequently withdrawn, that the Order be confirmed.

 

4.    That in the event of any objections being received, and that are not subsequently withdrawn, that the Order be referred to the Secretary of State for determination.

 

5.    That officers work with media outlets, local interested parties and through site signage to ensure that members of the public are aware of the situation relating to public access to the site until the matter is formally resolved.

 

Reasons for the Decision:

 

 

To comply with the Council’s statutory duty to assess claims made under the Wildlife and Countryside Act 1981 section 53(3).

Details of alternative options considered and rejected:

 

The Council appointed an experienced consultant to investigate the claim. The report advised that many, but not all, of the claimed routes ‘subsists or [are] reasonably alleged to subsist.’ Officers have carefully studied the report, its evidential based investigations and conclusions, and are happy that it represents a fair and comprehensive assessment of the claims.

The Council could, on reflection and further investigation, choose to ignore the report or open further investigations of their own. However, this option was not recommended as the investigative report had been undertaken by a consultant of considerable experience and expertise.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None

Dispensations Granted:

(If any)

None

Reports or parts of reports considered

The report of the Strategic Director of Regeneration and Environment - Claim to add public footpaths to the Definitive Map at Kimberworth.

 

 

I certify that this is a true record of executive decision regarding a claim to add public footpaths to the Definitive Map at Kimberworth.

 

Signed by the Decision Maker  

 

Paul Woodcock

 

 

Dated:       19 July 2021

Name:        Paul Woodcock                 

Job Title:   Strategic Director – Regeneration and Environment

 

Wards affected: Keppel;

Lead officer: Richard Pett


14/07/2021 - (FCS) Blue Badge Discretionary Enforcement Arrangement ref: 1197    Recommendations Approved

That the Blue Badge discretionary enforcement arrangement in place until 31 July 2021, continues indefinitely (subject to this arrangement remaining compliant with the local authority  responsibilities set by the Department for Transport) . 

Decision Maker: Strategic Director of Finance and Customer Services

Decision published: 16/07/2021

Effective from: 14/07/2021

Decision:

 

 

RECORD OF OFFICER EXECUTIVE DECISION

 

 

Date of Decision:

 

14 July 2021

Decision Maker:

(Including Job Title)

 

Judith Badger

Strategic Director of Finance and Customer Services

Specific Delegation:

(If any)

 

Non-specific

Brief Description of Decision:

 

 

The Department for Transport (DfT) is responsible for the legislation that sets out the framework for the Blue Badge (Disabled Persons’ Parking) scheme. The Council is responsible for the day-to-day administration and enforcement of the scheme.

 

Effective  from 30 August 2019, the DfT introduced a number of legislative changes to the Blue Badge parking scheme; requiring the Council to change its administrative processes and applicants to provide more detailed and descriptive responses. The time it can take for some applicants to obtain the newly required documentation and evidence can create anxiety for existing Blue Badge holders who now have to reapply rather than renew their Blue Badge when it expires.

 

In November 2019 the Council took steps to mitigate the adverse impact this might otherwise have on existing Blue Badge holders and implemented a permissible local discretionary arrangement.  The arrangement was reviewed in September 2020 and a continuation of the discretionary arrangement approved by SLT Gold until 31st July 2021.

 

Following a further review in June 2021 it was agreed that the discretionary enforcement arrangement should continue indefinitely whereby:

 

·       the enforcement team are instructed to avoid issuing a PCN purely on the grounds of an expired blue badge being displayed; subject to the displayed badge being no more than three months out of date.

·       this is a local discretionary arrangement which only applies to use of an expired Blue Badge within the Rotherham Borough and only when using ‘on street’ parking or when parked in a Council owned car park.

·       the arrangement will be kept under regular review to ensure continued compliance with the Council responsibilities as set out by the DfT

 

Reasons for the Decision:

 

 

·       The rationale put forward in October 2020 to support the recommendation for the local discretionary enforcement arrangement remains valid. Customers continue to experience delays when trying to acquire evidence/professional input and there is no current indication that the DfT plan to introduce any new and/or significant changes to the scheme that might alleviate/remove these challenges.

 

·       The Council can legally apply leniency for existing blue badge holders and the three-month grace period does not appear to contravene any legislation or guidance.

 

·       The current discretionary arrangement provides a temporary and local extension of three months beyond the date of an expired Blue Badge. Where there are delays in obtaining information and evidence, this grace period helps minimise the impact any delay might otherwise have on the customer and their ability to make an essential journey. It is considered that a three month grace period is sufficient but this will be kept under review.

 

·       The Parking Services Manager considers that the continuation of this arrangement presents low potential risk of abuse; but this will be kept under review.

         

Details of alternative options considered and rejected:

 

An option to withdraw the local discretionary arrangement was considered and rejected on the basis that:

 

·       There is no indication that the DfT plan to introduce any new and/or significant changes to the scheme that would change the information/evidence the Council needs customers to provide and the associated timescales.

·       Customers continue to report difficulties/delays when trying to obtain the appropriate information/evidence to support their application and the varying nature of individual health conditions mean such delays are always likely to occur for some people. Whilst it is the customers’ responsibility to provide the Council with this information, it can be difficult for applicants to secure an appointment with their health professional.

·       If the 3 month grace period for existing Blue Badge holders is removed, those  customers with an expired badge who are awaiting an award decision are likely to be unable to undertake essential journeys because they would not be able to park close enough to their destination and/or make use of wide bays to help them exit/enter the vehicle.

In view of all of the above, it is considered highly probable that removing the current discretionary arrangement would immediately reintroduce similar issues to those first experienced in September and October 2019 before the local parking enforcement arrangement was applied.  ie. limit the ability of some residents to make essential journeys, increased customer anxiety and a greater number of complaints.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

No conflicts of interest

Dispensations Granted:

(If any)

 

None

 

Reports or parts of reports considered

Briefing Paper:

Blue Badge Parking Scheme – Review of Enforcement Arrangements

 

I certify that this is a true record of the executive decision in relation to Blue Badge Enforcement Arrangements

 

 

 

 

      

Signed by the Decision Maker                                    

 

Dated:          14 July 2021

 

Name:          Judith Badger

Job Title:     Strategic Director, Finance and Customer Services

 

 

Wards affected: (All Wards);

Lead officer: Judith Badger