Agenda item

The Executive RESOLVED to note the content of the Monitoring Officer’s report and produce a report on accepting the recommendations.

The Executive received a report from the Monitoring Officer detailing his findings in respect of a decision to release a local land charge over Field 81 Pennypot Lane, Chobham, Surrey which appeared not to have been taken in accordance with the processes and delegations in the Council’s Constitution.

The report had concluded that, although there may have been a rationale for the release of the local land charge, it appeared that the decision had not adhered to the procedures and delegations set out in the Council’s Constitution. The limitations to the report identified by the Monitoring Officer were noted.  Taking into account these limitations, the Monitoring Officer’s conclusion was that he was satisfied that there appeared to have been a decision made which may be deemed to have exceeded the scope of any delegated decision making powers. 

The Executive considered the report and agreed to endorse the recommendations proposed by the Monitoring Officer. The recommendations concerned updating the Constitution to expand the definition of a Key Decision and to also specify that no officer may release any security, warranty or guarantee in favour of the Council, unless contractually obliged to do so, without the written approval of the Council’s Section 151 Officer or relevant committee.  It was suggested that the Governance Working Group would be asked to further consider the proposed constitutional changes. The Section 151 Officer would also be asked to consider whether it was appropriate that debts secured by local land charges should appear in the Council’s accounts as assets. It was further agreed that, if this had not already taken place, the Council’s external auditor would be made aware of the report

Consideration was given to commissioning an independent investigation into the matter but it was concluded that, on balance, the use of resources when compared with the expected action the Council could take in response to any report, it would not be expedient to pursue this suggestion.

The Executive was advised that it would now be required to produce a report detailing the action it would be taking in response to the Monitoring Officer’s report. A copy of the report would be sent to each member of the Council and the Council’s Monitoring Officer.

RESOLVED to note the content of the Monitoring Officer’s report and produce a report on accepting the recommendations.