Democracy Spraffa

Item 08 Appendix 2

West Dunbartonshire Council · 19 June 2024
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Alan Douglas LLB Dip LP
Chief Officer :Regulatory and Regeneration
Our Ref: IJB- CO-R&R
Your Ref:
Date: 11th January 2024
E-Mail Address:  alan.douglas@west-dunbarton.gov.uk
www.west-dunbarton.gov.uk
Regulatory and Regeneration
Council Offices,
16 Church Street
Dumbarton
G82 1QL     
Dear Margaret-Jane,
Consultation on Integration Scheme
As per previous correspondence, you are aware that shortly before Council in October
2023 approving the launch of the Consultation process we raised a concern around
one of the amendments proposed to the Scheme which it was felt would potentially
subvert the Council’s democratic processes.
Given the drat had already been approved by the Health Board for consultation it was
considered appropriate to Launch with the draft in its then current form but permit the
point in question to be raised as a consultation response.
I would therefore ask that you consider this letter as my formal response to the
consultation. As the officer with primary responsibility for ensuring the regulatory and
democratic processes within the Council and how these are projected into the
decision making structures of the Council, I have strong concerns that proposed
change to Para 9.5 of the Scheme would have a serious and detrimental impact on
the Council’s ability to make decisions on matters which are not delegated functions. 
The proposal that The Health Board and the Council would require to consult on
changes to non-delegated matters if they will have a resultant impact on the Strategic
Plan effectively subverts the Council’s ability to make decisions on a whole range of
matters which may materially or non-materially impact on the Strategic Plan.  
That would both be contrary to the general principal in local government that the
Council should not enter into any agreement that could long term fetter its discretion
and practically could render the budget process unworkable as timescales are unlikely
to be able to be complied with and amendments on the day / opposition budgets
would be precluded. For that reason I would suggest that it is necessary to retain the
original wording of the provision i.e. that the IJB would be notified of any such
changes.
Margaret-Jane Cardno
West Dunbartonshire Health and Social Care
Partnership
16 Church Street
Dumbarton
G82 1QL 
Margaret-Jane.Cardno@west-dunbarton.gov.uk
Margare -Jan Ca no@
Appendix 2

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I’m happy to discuss further if you feel it would be helpful, however trust that this letter
and past discussions are sufficiently clear as regards the necessity for retaining the
current provision. 
Yours Sincerely 
Alan Douglas
Chief Officer: Regulatory and Regeneration