Calling In Executive Decisions for Scrutiny - London Law
Introduction
In London, England, calling in an executive decision is a scrutiny mechanism that lets councillors or assembly members require review of a decision made by a mayor, cabinet or executive officer. This guide explains who can call in a decision, the usual procedural steps, where the legal authority sits, and how to escalate or challenge decisions in London governance structures.
What "call-in" means
Calling in suspends implementation of an executive decision so a scrutiny body can examine the matter, invite evidence and recommend reconsideration. The power is exercised under local constitutions and statutory scrutiny powers derived from national legislation and the Greater London Authority framework.[1]
Typical process and who may act
The exact process depends on the authority (Greater London Authority or individual London borough). Common steps include: identifying the decision, checking the live call-in window in the authority's constitution, lodging a written request to the scrutiny officer or monitoring officer, and attending the scrutiny hearing. The Greater London Authority and London borough constitutions set the local procedures and thresholds for members to call in decisions.[1]
- Check the call-in deadline in the relevant constitution or decision notice.
- Prepare a written call-in request explaining grounds and desired outcome.
- Submit to the scrutiny officer or monitoring officer by the method the authority requires (email or online form where provided).
- Attend the scrutiny meeting or hearing if the call-in is accepted.
Penalties & Enforcement
Call-in is a procedural scrutiny tool rather than acriminal or civil sanction; specific monetary fines for calling in a decision are not applicable. Enforcement focuses on ensuring lawful decision-making and compliance with the authority's constitution and statutory duties. Where decisions breach statutory requirements, remedies may include quashing the decision or judicial review rather than fixed fines.[2]
- Financial penalties for improper executive decisions: not specified on the cited page.[2]
- Judicial remedies: judicial review or court order may be available to challenge decisions that are unlawful.
- Non-monetary sanctions: orders to reconsider, instructions to officers, or referral back to the decision-maker.
- Enforcer/contact: scrutiny teams, monitoring officers, and the authority's legal services enforce compliance; use the authority contact pages to report or escalate.
Appeals and review routes
- Internal review: request reconsideration via the scrutiny body or monitoring officer per the constitution.
- External review: judicial review in the Administrative Court for unlawful decisions; specific time limits are not specified on the cited page and require prompt legal advice.[2]
Defences and discretion
- Authorities may rely on delegated powers, urgency provisions, or statutory exemptions to resist call-ins where the constitution permits.
- Permits, variances or prior approvals may be valid defences if properly applied.
Applications & Forms
Whether a formal form exists depends on the authority. Some London authorities provide a call-in request form or online submission; others accept a written email to the scrutiny officer or monitoring officer. If a named form or fee is required it will be listed on the authority's scrutiny or democratic services pages; where not shown, a form is not specified on the cited page.[1]
Action steps
- Confirm the decision notice date and call-in period in the relevant constitution immediately.
- Draft a concise written call-in request stating reasons and the statutory or constitutional basis.
- Submit to the scrutiny officer or monitoring officer using the official contact channel listed by the authority.
- Attend the scrutiny meeting and be prepared to provide evidence or witnesses.
FAQ
- Who can call in an executive decision?
- Eligibility varies by authority; typically a specified number of councillors or assembly members can call in a decision under the local constitution.
- How long is the call-in window?
- Call-in windows are set in each authority's constitution or decision notice; exact timeframes are not specified on the cited page and you must check the authority's published constitution or decision notice.[1]
- What happens after a call-in is accepted?
- The scrutiny body examines the decision, may hold hearings, and can recommend reconsideration or refer the matter back to the decision-maker.
How-To
- Identify the decision notice and confirm the authority responsible for the decision.
- Check the authority's constitution for the call-in eligibility and deadline.
- Prepare and submit a written call-in request to the scrutiny officer or monitoring officer.
- Provide supporting evidence and request witnesses or documents if needed.
- Attend the scrutiny hearing and present your case.
- Follow up on recommendations or next steps after the scrutiny body issues its report.
Key Takeaways
- Call-in is a procedural tool to pause implementation and enable scrutiny, not a penalty mechanism.
- Act quickly: check the local constitution for tight deadlines and submission rules.
Help and Support / Resources
- London Assembly scrutiny information
- GLA mayor and executive decisions
- Local Government Act 2000 (legislation.gov.uk)