Corporate Scrutiny Committee

5 May 2026

 

Report of the Director of Governance

 

Call in - Housing Delivery Programme Delivery Strategy

Summary

1.      Following the publication of the Decision Notice from the meeting held on 14 April 2026, and in line with the Council Constitution, a key decision has been formally called in. This report informs the Corporate Scrutiny Committee of the procedural requirements associated with calling in that decision.

          Background

2.      The Housing Delivery Programme Delivery Strategy (Appendix 1) was considered at a meeting of the Executive on the 14 April 2026.  Following the decision (Appendix 2) a call-in request was submitted by Councillors Ayre, Hollyer and Wann.

3.      The reasons for call-in were duly assessed by the Council’s Monitoring Officer.  This included a review of the reasons given by those Members calling in the decision and an investigation into whether any issues raised in the call-in were adequately addressed by the decision paperwork, committee reports, responses to written questions or committee debate.

4.      Call-in reasons must be clear, correct and align to one or more of the following criteria under Appendix 2 of Article 5 of the Constitution Scrutiny Procedure Rules:

1.           Decision contrary to the policy framework?

 

 

2.           Decision contrary to or not wholly consistent with the budget?

 

 

3.           Decision is Key but it has not been dealt with in accordance with the Council’s Constitution.

 

 

4.           Decision does not follow principles of good decision-making set out in Article 7 of the Council’s Constitution.

 

 

 

 

If reason 4, please tick which specific element of Article 7 the decision maker has not followed, did he or she not:

 

a)

Meaningfully consider all alternatives and, where reasonably possible, consider the views of the public.

 

 

 

b)

Understand and keep to the legal requirements regulating their power to make decisions.

 

 

 

c)

Take account of all relevant matters, both in general and specific, and ignore any irrelevant matters.

 

 

 

d)

Act wholly for proper purpose and/or in the interests of the public.

 

 

 

e)

Keep to the rules relating to local government finance.

 

 

 

f)

Follow procedures correctly and be fair.

 

 

 

g)

Make sure they are properly authorised to make the decisions.

 

 

 

h)

Take appropriate professional advice from Officers.

 

 

 

5.      The results of this review were considered by the Monitoring Officer and element 4(c) – Failure to take account of all relevant matters was determined to be valid under the call-in arrangements set out in the Constitution.

6.      In determining the validity of any call-in, no judgement is made as to whether the decision itself is flawed, inappropriate or invalid, this report only confirms that the point 4c set out in the call-in is not completely addressed through the available documentation and previous debate. The call-in identified elements that merit further consideration or clarification. In accordance with the call-in arrangements, it is therefore for Members, via the Scrutiny Committee, to determine whether any reconsideration of the decision is necessary and appropriate.

7.      The Scrutiny Committee should consider the reasons set out by the Members calling-in the decision, the documentation already available and the response from the Executive given at the meeting, giving due regard to the information made available during questioning and discussion on this item.

          Process to be followed at the meeting

8.      The 3 Call-In Members will be invited address the committee on their reasons for the call-in and why they think the core principles have been breached.  Members of the Committee will be invited to question the Call-In Members on the alleged breach.

9.      The relevant Executive member will be invited to address the alleged breaches and questions will be invited from Members of the Committee.

10.    Both parties will be given the opportunity to sum up and the Chair and Committee Members may make any final contributions they wish before the vote is taken. 

Role of Officers in attendance

11.      Supporting Officers will be present from Democratic Services (providing advice to the Chair and Committee as required and recording decisions). The Monitoring Officer or their representative will also be present and may undertake any of these duties in addition to providing any legal advice if required.

12.    Chief Officers and or Heads of Service may provide assistance to the Executive Member and contribute to the meeting as required by advising the Committee on the strategic, financial, legal, technical or operational basis of decisions taken or considerations given relevant to the Call-in, or by responding to technical or procedural questions referred by the Executive Member to them. Officers must not be drawn into offering opinion or answering questions of political judgment

Options available to the Committee

13.    The Chair must ask each Member in turn to state whether they consider the core principles identified in the Call-in Request were, or, were not, breached giving reasons if they so wish. There is no requirement to seek a recommendation which is seconded to enable a vote to be taken.

14.    The Chair may, at their discretion, state whether they believe the core principles identified in the Call-in Request were or were not breached, giving reasons if he or she so wishes.  The vote to be taken will be a single vote by a show of hands.

15.    Finding of no breach In the event that a majority of Members consider that there was not a breach, the Chair will state that the Committee has resolved that the Executive decision identified in the Call-in Request did not breach the core principles and immediately close the call-in aspect of the meeting. Members of the committee, without re-opening the debate, may then continue the meeting to suggest any areas they consider worthy of future exploration via the scrutiny function. At the conclusion of this discussion, the meeting will formally end.

16.      Finding of a breach In the event that a majority of Members consider that there was a breach, the Chair will declare the outcome and the resultant resolution and close the meeting referring the decision in full back to the next appropriate meeting of the Executive.

Analysis

17.      Members need to consider any breach specifically identified in the call-in request in relation to the original report to the Executive and the consequential decision made.  As stated in the options identified above, the Chair will then guide the Committee on the constitutional requirements for handling the meeting and culminating in the Committee determining its position on any breaches. 

 

Implications

18.           There are no known Financial, HR, Legal, Property, Equalities, or Crime and Disorder implications in relation to handling the call-in of the issue under consideration.

Council Plan

19.           Any implications associated with the delivery of Council priorities for 2023 2027 are addressed in the original report to the Executive.

Risk Management

 

20.           There are no risk management implications associated with the call-in of this matter.


Recommendations

21.           Members’ views are sought on the call-in request and specific breaches identified in Appendix 3.

 

22.           Members should note the decision of the Monitoring Officer at Appendix 3, that the call-in request is determined to be partially valid and only parts 4c may therefore proceed.

 

Reason:    To enable the called-in matter to be dealt with efficiently and in accordance with the requirements of the Council’s Constitution.

 

 

 

Contact Details

Author’s name

Title

Email

 

 

Chief Officer Contact 

 

 

Julie Gallagher

Head of Democratic Services

julie.gallagher@york.gov.uk

 

 

 

Bryn Roberts

Director of Governance

 

Report Approved

X

Date

22.4.2026

 

 

 

 

 

 

Wards Affected:  List wards or tick box to indicate all

All

X

 

 

 

Appendix 1        

Executive Report and associated annexes:

Housing Delivery Programme Delivery Strategy

·        Annex A: Homes England Healthy Homes Standard

·        Annex B: Human Rights and Equity Analysis

·        Annex C: Data Protection Impact Assessment (DPIA) Screening Checklist

 

Appendix 2

Extract of Decision Notice from the Executive meeting held on 14 April 2026

 

Appendix 3

Call-in request form

 

Appendix 4

Extract of Executive Minutes held on 14 April 2026