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

21/04/2021 - (CEX) Illumination of the Town Hall to Mark Workers' Memorial Day ref: 1171    Recommendations Approved

The Trade Union Congress has asked all Councils to join with them in marking Workers Memorial Day on 28th April 2021.

Decision Maker: Chief Executive

Decision published: 27/04/2021

Effective from: 21/04/2021

Decision:

Date of Decision:

21st April 2021

Decision Maker:

(Including Job Title)

 

Sharon Kemp

Chief Executive

 

In consultation with the Leader

 

Specific Delegation:

(If any)

Delegation to the Chief Executive as determined by the RMBC Constitution.

 

Flag Protocol & Lighting Up of Buildings Policy.

 

Brief Description of Decision:

 

 

The Trade Union Congress has asked all Councils to join with them in marking Workers Memorial Day.

 

This will be commemorated on 28th of April.

 

It is an internationally recognised occasion, to remember everyone killed or made ill through work.

 

The Council has been asked to mark this occasion by lighting up the Town Hall

 

Reasons for the Decision:

To protect workers given the Covid pandemic the TUC is being careful to protect all workers who usually gather in large numbers

at these events

 

In addition to online events the TUC have asked if Council buildings could be lit in purple on the evening of Wednesday the 28th April to commemorate all those who have died in the last year.

 

Details of alternative options considered and rejected:

 

None.

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

 

None.

 

I certify that this is a true record of the executive decision to illuminate the Town Hall purple on Wednesday 28th April to mark Workers Memorial Day.

 

Signed by the Decision Maker  

Dated:       21st April 2021

 

Name:        Sharon Kemp                     

Job Title:   Chief Executive

 

Wards affected: (All Wards);

Lead officer: Sharon Kemp


12/04/2021 - (ASCPH) Client Contributions ref: 1166    Recommendations Approved

Decision Maker: Strategic Director of Adult Care, Housing and Public Health

Decision published: 22/04/2021

Effective from: 12/04/2021

Decision:

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION

 

Date of Decision:

 

12 April 2021

Decision Maker:

(Including Job Title)

 

Anne Marie Lubanski

Strategic Director of Adult Care, Housing and Public Health

 

Specific Delegation:

(If any)

 

Non-specific

Brief Description of Decision:

 

 

1)    Anyone eligible for the interim NHS hospital discharge funding scheme that commenced in March 2020 will not be expected to make client care contribution costs until 12 April 2021

 

2)    Anyone who has been already assessed and who has moved off the interim NHS funding, and has been making a financial contribution towards their care costs will be reimbursed their full client care contribution costs from the date they became eligible for the NHS funding until 11 April 2021 – inclusive.

 

3)    No back dated client contribution charges will be applied for anyone whose care services were incorrectly recorded as interim NHS funding codes but who were not eligible for the scheme.

 

4)    Anyone eligible to make a client contribution, and who still on the NHS funding scheme will become liable for their client care contribution cost from 12 April 2021

 

Reasons for the Decision:

 

 

As a result of the COVID19 pandemic interim NHS funding was introduced in March 2020 to facilitate timely discharges from hospital.

 

The new process for hospital discharge (and associated funding) created additional work as not everyone discharged on these schemes would have required a full reassessment under normal circumstances. Due to the additional workload there have been delays in completing the required assessments and updating the social care system.  The Council’s Charging Policy is that client contributions are backdated in line with the start date for care.  In this case this would mean backdating to the date of transition (assessment date) when NHS funding ceases and local funding arrangements resume.

 

At the point the NHS discharge funding ends, client contributions become payable if determined by an assessment. This could result in backdated charges arising.

 

The Council’s charging policy was designed for “business as usual” circumstances and does not account for the impact of a pandemic.  The decision not to charge during the period of delay ensures that people are treated fairly in the exceptional circumstances that have occurred. 

 

Is in accordance with the principles set out in the government guidance “Responding to COVID-19: the ethical framework for adult social care” Published 19 March 2020.

 

Due to the urgency of the decision the Leader used the authority invested him as ‘senior executive member’ under section 9E Local Government Act 1972 to authorise that the Strategic Director -Adult Care, Housing and Public Health should take this decision. It also complies with the Constitution at 7(6) special urgency due to the nature of the decision

 

A report will be made to Cabinet at its meeting on 21 June that will set out the decision taken and the reasons for the procedure that was used to take the decision.

 

Details of alternative options considered and rejected:

 

1)    To backdate client charges to the transition date in line with Council’s charging policy on charging from the service start date.

 

2)    To charge from the date of review (assessment date).

 

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

 

None

Dispensations Granted:

(If any)

 

 

 

Reports or parts of reports considered

 

Briefing Paper – Strategic Director Finance and Customer Services – 26 March 2021

 

I certify that this is a true record of the executive decision to:

 

·       Reimburse client care contribution costs to those eligible for the NHS interim hospital discharge funding scheme.

 

·       Not to apply client care contribution costs for those eligible for the NHS interim hospital discharge funding scheme up to the 11 April 2021.

 

·       Begin applying the client care contributions costs for those eligible for the NHS interim hospital discharge funding scheme from the 12 April 2021.

 

 

Signed by the Decision Maker:

 

 

Dated:       12 April 2021

Name:        Anne Marie Lubanski                     

Job Title:   Strategic Director of Adult Care, Housing and Public Health

 

Lead officer: Anne Marie Lubanski


21/04/2021 - (R&E) Rotherham Borough Food and Feed Service Plan 2020/21 ref: 1169    Recommendations Approved

To approve the annual Food and Feed Service Plan 2020/21 for the Rotherham area.

Decision Maker: Strategic Director of Regeneration and Environment

Decision published: 22/04/2021

Effective from: 21/04/2021

Decision:

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION

 

 

Date of Decision:

 

21 April 2021

Decision Maker:

(Including Job Title)

 

Paul Woodcock – Strategic Director for Regeneration and Environment

 

Specific Delegation:

(If any)

 

Non-specific

 

 

Brief Description of Decision:

 

 

That the Food and Feed Service Plan for 2020/21 be approved.

Reasons for the Decision:

 

 

The Council, as a Competent Authority, is required by the Food Standards Agency to produce a documented and up to date Food and Feed Service Plan which should be reviewed regularly. 

 

The Food and Feed Service Plan 2020/21 fulfils this statutory obligation.

Details of alternative options considered and rejected:

 

     There were no alternative options considered as it is a statutory obligation for the Council to publish a Food and Feed Service Plan.

 

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)

 

 Not Applicable

Reports or parts of reports considered

The report of the Strategic Director for Regeneration and Environment - Food and Feed Service Plan 2020/21

 

 

 

 

I certify that this is a true record of the executive decision in relation to the Food and Feed Service Plan 2020/21.

 

 

 

 

 Paul Woodcock     

                                                  

 

Signed by the Decision Maker                                    

Dated: 21 April 2021

Name: Paul Woodcock   

Job Title: Strategic Director for Regeneration and Environment

 

Wards affected: (All Wards);

Lead officer: Sam Barstow


16/04/2021 - (R&E) Proposal by BT to permanently remove the telephony service and telephone kiosk on Canklow Road S60 2XA (Telephone Number 01709 377489) ref: 1168    Recommendations Approved

BT has proposed to close the telephony service at this phone box.  Should the Council consent to the removal of the telephony service thenBT would remove the phone equipment and the phone service would cease.

 

This kiosk was included in the consultation on the proposed closure of 42 phone box in 2020 when the Council applied the local veto to retain the phone box due to it meeting the local criteria for usage (‘Over 52 or more calls in 12 months’).

 

BT now advise the telephone kiosk has been the subject of 2 arson attacks in the last 3 months and that residents have approached BT asking for its removal.  BT have said due to the arson attacks that complete renewal of both the kiosk and the underground services is required they are therefore proposing to remove the service at this location. 

Decision Maker: Strategic Director of Regeneration and Environment

Decision published: 19/04/2021

Effective from: 16/04/2021

Decision:

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION

 

 

Date of Decision:

 

16 April 2021

Decision Maker:

(Including Job Title)

 

Simon Moss

Assistant Director of Planning, Regeneration and Transport

 

Specific Delegation:

(If any)

 

Nonspecific

 

 

Brief Description of Decision:

 

 

1.    That the schedule showing the decision on the public phone box at Appendix 4 be approved.

 

2.    That the Final Notification is published, BT notified, and the Secretary of State informed of the decision made.

Reasons for the Decision:

 

 

To enable the statutory processes regarding the proposal by BT to permanently remove the telephony service and kiosk on Canklow Road S60 2XA to progress.

 

Details of alternative options considered and rejected:

 

Options available are to agree a Final Notification either to object or agree to the proposals for public phone box telephony service removal. The Council must be satisfied that it acted in accordance with the six community requirements set out in section 4 of the Communications Act (2003).

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)

 

 Not Applicable

Reports or parts of reports considered

The report of the Assistant Director – Planning, Regeneration and Transport - Proposal by BT to permanently remove the telephony service and kiosk on Canklow Road S60 2XA (Telephone Number 01709 377489)

 

 

 

 

 

I certify that this is a true record of the executive decision in relation to Proposal by BT to permanently remove the telephony service and kiosk on Canklow Road, S60 2XA (Telephone Number 01709 377489)

 

 

 

      

                                                  

 

Signed by the Decision Maker                                    

Dated: 16 April 2021

Name: Simon Moss

Job Title: Assistant Director of Planning, Regeneration and Transport

 

 

Wards affected: Boston Castle;

Lead officer: Rachel Overfield


14/04/2021 - (R&E) Extension of the contract for the provision of Household Waste Recycling Centre management service for Barnsley, Doncaster and Rotherham ref: 1167    Recommendations Approved

The decision is to extend the Joint HWRC management service contract by 2 years to end in October 2023.

Decision Maker: Strategic Director of Regeneration and Environment

Decision published: 15/04/2021

Effective from: 14/04/2021

Decision:

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION

 

Date of Decision:

 

14 April 2021

Decision Maker:

(Including Job Title)

 

Tom Smith,

Assistant Director, Community Safety and Street Scene

 

Specific Delegation:

(If any)

 

Non-specific

Brief Description of Decision:

 

 

1.    That the current joint Barnsley / Doncaster/ Rotherham Household Waste Recycling Centres managed services contract by be extended by two years.

 

2.    That during the extension period, the Assistant Director - Community Safety and Street Scene undertakes a full options appraisal in order to determine the best option for future service provision of Household Waste Recycling Centres in Rotherham, including an assessment of in-house provision, with the report be completed by March 2022.

Reasons for the Decision:

 

Extension of the current contract to its maximum permitted term length to expire at end October 2023 will allow for both the impacts of COVID-19 and the Resource and Waste Strategy on a subsequent service to be fully understood by Rotherham (and its fellow Councils as party to the current contract) before attempting to either re-procure or implement an alternative service delivery model.

 

Details of alternative options considered and rejected:

 

In-house

Bring the existing service in-house for Rotherham

 

Establish a Local Authority Trading Company

Set up a local authority trading company (LATCo) to deliver the service.

 

Allow the current contract to terminate in October 2021 and re-procure in the market.

 

Where the decision is made under specific delegation from a decision making body, the names of any member of the relevant body who has declared a conflict of interest in relation to the decision and name of the body granting the specific delegation and the date when it did so:

 

No conflicts of interest

Background Papers:

 

The report of the Strategic Director – Regeneration and Environment - Household Waste Recycling Centres – Contract Extension

 

 

I certify that this is a true record of the decision regarding the extension of the contract for Household Waste Recycling Centres.

 

 

Signed by the Decision Maker  

 

Dated:          15 April 2021

Name:          Tom Smith            

Job Title:     Assistant Director, Community Safety and Street Scene

 

 

Wards affected: (All Wards);

Lead officer: Lisbeth Baxter


04/12/2020 - (FCS) Hardship Fund ref: 1165    Recommendations Approved

Decision Maker: Strategic Director of Finance and Customer Services

Decision published: 13/04/2021

Effective from: 04/12/2020

Decision:

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION

 

Date of Decision:

 

4 December 2020

Decision Maker:

(Including Job Title)

 

Judith Badger

Strategic Director of Finance and Customer Services

Specific Delegation:

(If any)

 

Non-specific

Brief Description of Decision:

 

 

That following review, the arrangements for the use of the Council’s Hardship Fund will continue for the remainder of the financial year 2020/21.

 

The Council will continue to provide £200 of support to new LCTS claimants, however, a further top up is to be provided in February 2021 to maximise the grant allocation within the current financial year.

 

Reasons for the Decision:

 

 

To providing support to economically vulnerable people and households in the borough from the allocation of the Hardship Fund from central government and maximise the benefit to those new LCTS claimants that have been most financially impacted by the pandemic.

 

Details of alternative options considered and rejected:

 

1.    Continue to provide the £200 support to new LCTS claimants, with no top up at present.

 

2.    Provide support to the Discretionary Housing Payments fund.

 

3.    Provide additional support to the work being carried out through the LA Emergency Assistance Grant. 

 

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 – Update and review of the application of the Council’s Hardship Fund – 4 December 2020.

 

I certify that this is a true record of the decision in relation to the arrangements for the use of the Council’s Hardship Fund for the remainder of the financial year 2020/21.

 

Signed by the Decision Maker  

 

                        

Dated           4 December 2020

 

Name:          Judith Badger                                        

Job Title:     Strategic Director Finance & Customer Services, S151 Officer

 

 

Lead officer: Judith Badger


07/04/2021 - (FCS) Request to access Preserved Benefits - ERP0190 ref: 1164    Recommendations Approved

Decision Maker: Strategic Director of Finance and Customer Services

Decision published: 13/04/2021

Effective from: 07/04/2021

Decision:

 

 

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER NON-EXECUTIVE DECISION

 

 

Date Of Decision:

 

7 April 2021

Decision Maker:

(Including Job Title)

 

Judith Badger

Section 151 Officer

Strategic Director Finance & Customer Services

Specific Delegation:

(If any)

 

Appendix 9 of the Constitution (Responsibility for Functions) – Delegation to the Strategic Director of Finance and Customer Services to determine requests for early release and flexible retirement, in consultation with the relevant Cabinet Member

Brief Description of Decision:

 

 

A request from a former employee asking for the early release of preserved pension benefits on compassionate grounds was rejected.

 

Reasons for the Decision:

 

 

 

The grounds of the request were not sufficient to meet the Council’s criteria and there would be a cost to the Council in releasing the pension benefits early.

 

Details of Alternative Options Considered and Rejected:

 

The employee was able to claim their preserved pension with actuarial reduction.   This would be communicated to the former employee.

 

Where the decision is made under specific delegation from a decision making body, the names of any member of the relevant body who has declared a conflict of interest in relation to the decision and name of the body granting the specific delegation and the date when it did so:

 

None

Background Papers:

 

 

 

 

I certify that this is a true record of the decision in relation to a request from a former employee asking for the early release of preserved pension benefits on compassionate grounds being rejected.

 

Signed by the Decision Maker  

 

                         

Dated         7 April 2021

 

Name:        Judith Badger                                

Job Title:   Strategic Director Finance & Customer Services, S151 Officer

 

 

Lead officer: Judith Badger


07/04/2021 - (FCS) Request for Flexible Retirement - ERP0189 ref: 1163    Recommendations Approved

Decision Maker: Strategic Director of Finance and Customer Services

Decision published: 13/04/2021

Effective from: 07/04/2021

Decision:

 

 

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER NON-EXECUTIVE DECISION

 

 

Date of Decision:

 

7 April 2021

Decision Maker:

(Including Job Title)

 

Judith Badger

Section 151 Officer

Strategic Director Finance & Customer Services

Specific Delegation:

(If any)

 

Appendix 9 of the Constitution (Responsibility for Functions) – Delegation to the Strategic Director of Finance and Customer Services to determine requests for early release and flexible retirement, in consultation with the relevant Cabinet Member.

Brief Description of Decision:

 

 

Approval was given to a request for flexible retirement in Adult Care, Housing and Public Health Directorate

Reasons for the Decision:

 

 

 

The employing service had considered service delivery implications and was supportive of the requests.  There was no cost associated with granting the early release of pension entitlements.

Details of Alternative Options Considered and Rejected:

 

None

Where the decision is made under specific delegation from a decision making body, the names of any member of the relevant body who has declared a conflict of interest in relation to the decision and name of the body granting the specific delegation and the date when it did so:

 

None

Background Papers:

 

 

 

 

I certify that this is a true record of the decision in relation to a request for flexible retirement in Adult Care, Housing and Public Health Directorate.

 

Signed by the Decision Maker            

 

                 

Dated         7 April 2021

 

Name:        Judith Badger                                

Job Title:   Strategic Director, Finance & Customer Services, S151 Officer

 

 

Lead officer: Judith Badger


09/04/2021 - (R&E) Highways Act Licences ref: 1159    Recommendations Approved

Decision Maker: Strategic Director of Regeneration and Environment

Decision published: 13/04/2021

Effective from: 09/04/2021

Decision:

 

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION

 

 

Date of Decision:

9 April 2021

Decision Maker:

(Including Job Title)

Tom Smith, Assistant Director, Community Safety and Streetscene

Specific Delegation:

(If any)

Non-specific

 

Brief Description of Decision:

 

 

That the conditions contained within the Highways Act Licence for permission to place tables and chairs on the highway, be temporarily amended as follows:

 

“During the period that any Pavement Licences issued under Part 1 of the Business and Planning Act 2020 remain in effect (which does not apply to areas where there is a PSPO in place), the following conditions will apply to licences issued under s.115E of the Highways Act 1980 [premises licenced to sell alcohol] as a temporary amendment:

 

  1. The area to which this licence relates may only be used during periods that the premises is open for the purposes of selling alcohol for consumption on the premises, or until 23:00hrs whichever is the earlier.  This will be the case unless an earlier time is considered to be justified following consultation, in which case the Council will notify the licence holder of the revised time in writing.  The area covered by the licence must be cleared of customers and all furniture during periods that this licence is not in effect.

 

  1. The licence holder is encouraged to serve drinks in ceramic cups or polycarbonate glasses or bottles.  This will be mandated by the Council if it is considered to be justified following consultation, in which case the licence holder will be notified of this in writing.

 

The Council reserves the right to withdraw this temporary amendment at any time (in whole or in part).  Should the amendment be withdrawn, the conditions detailed on licence will become effective immediately.”

 

The temporary amendment will cease on 30 September 2021 (or, if Part 1 of the Business Planning Act is extended beyond this date, the date at which licences issued under the Act cease to have effect).

 

 

Reasons for the Decision:

The briefing note “Proposed approach to the enforcement of conditions attached to licences issued under the Highways Act 1980” presented to ‘SLT/Gold’ on 6 April 2021 and enclosed with this decision, sets out the detailed reasons for the decision.

 

Details of alternative options considered and rejected:

 

The briefing note “Proposed approach to the enforcement of conditions attached to licences issued under the Highways Act 1980” presented to ‘SLT/Gold’ on 6 April 2021 and enclosed with this decision, sets out the details of alternative options considered.

 

 

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

 

Report to SLT/Gold, 9 April 2021 –Proposed approach to the enforcement of conditions attached to licences issued under the Highways Act 1980”

 

 

I certify that this is a true record of the executive decision in relation to the approved approach to the enforcement of conditions attached to licences issued under the Highways Act 1980.

 

Signed by the Decision Maker  

 

Dated: 9 April 2021

 

Name: Tom Smith           

 

Job Title:  Assistant Director, Community Safety and Streetscene

 

Wards affected: (All Wards);

Lead officer: Tom Smith


12/04/2021 - (CEX) Flying of Flags at Half-Mast in Memory of HRH Prince Philip ref: 1162    Recommendations Approved

Following the death of HRH, the Prince Philip, Duke of Edinburgh, it has been requested that the Council flags (Riverside and Town Hall) should be flown at half-mast until 8am on 18th April.

Decision Maker: Chief Executive

Decision published: 12/04/2021

Effective from: 12/04/2021

Decision:

 

Date of Decision:

9th April 2021

Decision Maker:

(Including Job Title)

 

Sharon Kemp

Chief Executive

 

In consultation with the Leader

 

Specific Delegation:

(If any)

Delegation to the Chief Executive as determined by the RMBC Constitution.

 

Flag Protocol & Lighting Up of Buildings Policy

 

Operation London Bridge Protocol

 

Brief Description of Decision:

 

 

Following the death of HRH, the Prince Philip, Duke of Edinburgh, it has been requested that the Council flags (Riverside and Town Hall) should be flown at half-mast until 8am on 18th April

Reasons for the Decision:

All government buildings have been asked to consider flying flags at half-mast as a mark of respect.

Details of alternative options considered and rejected:

 

None.

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

 

None.

 

I certify that this is a true record of the executive decision to fly Council flags at half-mast in memory of HRH, the Prince Philip, Duke of Edinburgh

 

Signed by the Decision Maker  

Dated:       9th April 2021

 

Name:        Sharon Kemp                     

Job Title:   Chief Executive

Wards affected: (All Wards);

Lead officer: Sharon Kemp