The political focus on the PCC will mean that decisions are likely to be subject to external scrutiny in a way that the Police Authority did not see in the past.
It is vital therefore that:
- The persons making decisions must have the powers to do so;
- The decision must be procedurally proper;
- Wednesbury reasonableness must be applied – i.e. The decision must not be one which no reasonable person would have come to.
The PCC will make all decisions unless specifically delegated within the Scheme of Consent/Delegation.
He/she will however, need to demonstrate that decisions are soundly based on relevant information and that the decision making process is open and transparent.
All significant decisions of the PCC (or of those delegated with the authority to make such decisions) will be recorded either in the minutes of a meeting (and held within the PCC’s Office) or on a decision notice.
Such records will be held in the PCC’s Office and published on the PCC’s website unless deemed to be exempt (see below) – in which case a record of the exemption shall be recorded.
Information that supports a decision shall be kept with the decision record and made available on request (subject to any exemption).