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Participation Requests Policy

June 2017.

If you would like this policy in a different language or format, please contact the Strategy Manager, Corporate Services, Orkney Islands Council, School Place, Kirkwall KW15 1NY. Telephone 01856873535 extension 2160 or email corporateservices@orkney.gov.uk.

IMAGE: The cover displays the Orkney Islands Council crest and the text “ORKNEY ISLANDS COUNCIL”, “Participation Requests Policy”, “June 2017”, and “If you would like this policy in a different language or format, please contact the Strategy Manager, Corporate Services, Orkney Islands Council, School Place, Kirkwall KW15 1NY. Telephone 01856873535 extension 2160 or email corporateservices@orkney.gov.uk.”

  1. This Policy describes how the Council will implement Part 3 (Participation Requests) of the Community Empowerment (Scotland) Act 2015 (the Act), and the associated Participation Request (Procedure) (Scotland) Regulations 2017 (the Regulations), which came into effect on 1 April 2017.

  2. Under the Act, a Community Participation Body may make a request to a Public Service Authority to permit the body to participate in an outcome improvement process. An outcome improvement process is a process intended to improve a public service. The process may be an existing process which the Community Participation Body wishes to join, or a new process which the Community Participation Body wishes to initiate.

  3. The Council welcomes the introduction of participation requests as a new channel for engagement with community bodies, to be added to the existing options available to community bodies wishing to engage with the Council.

  4. The Council will maintain, on its website, up to date details of a first point of contact for community bodies which are considering the possibility of making a participation request. As at June 2017 the first point of contact is the Strategy Manager.

  5. The Council will provide support on request to community bodies which are:

  • Considering the option of making a participation request.
  • In the process of making a participation request.
  • Participating in an outcome improvement process.

Community bodies are very welcome to request support and are invited to contact the Strategy Manager in the first instance.

  1. The Council endorses the Participation Requests Guidance issued by the Scottish Government on 1 April 2017. The Guidance has been adapted to suit local circumstances in Orkney and forms part of this Policy.

  2. The Act sets out criteria which determine whether a community body is eligible to make a participation request. An eligible body is designated a ‘Community Participation Body’ and may fall into one of several categories:

  • A ‘community-controlled body’ which has a written constitution and a membership comprising members of a defined community.
  • A community council.
  • Any other group, which is open to any members of a specified community and which is controlled by and operates for the benefit of the members of that community.

Ministers of the Scottish Government may add to this list by making an Order.

Full details of the criteria are included in the Guidance.

  1. The Act lists the public bodies to which it applies, and which have a duty to comply with the Act and Regulations. These bodies are designated Public Service Authorities and in Orkney they comprise:
  • Orkney College.
  • NHS Orkney.
  • Highlands and Islands Enterprise.
  • Orkney Islands Council.
  • Police Scotland.
  • Scottish Environment Protection Agency.
  • Scottish Fire and Rescue Service.
  • Scottish Natural Heritage.
  • HITRANS.

Ministers of the Scottish Government may add to this list by making an Order.

  1. On making a participation request, a community body is required to provide sufficient information to enable the Public Service Authority to determine whether it is a Community Participation Body under the Act. Community bodies considering the possibility of making a participation request are advised to consult the detailed information in the Guidance to find out whether they meet the criteria for a Community Participation Body. If in doubt, community bodies may contact the Strategy Manager for advice.

  2. The Act lists the information which a Community Participation Body must provide when making a participation request. This is listed in the Participation Request Form appended to the Guidance. As a minimum it must include:

  • The outcome which the Community Participation Body wants to improve.
  • The reasons why the Community Participation Body believes it should participate in an outcome improvement process.
  • Details of any knowledge, expertise, and experience the Community Participation Body has in relation to the outcome.
  • How the outcome will be improved because of the involvement of the Community Participation Body.

Assistance in completing the Participation Request Form is available on request from the Strategy Manager.

  1. The procedure to be followed once a participation request is received by the Council is set out in the flowchart appended to this Policy.

  2. On receipt of a participation request, Council officers will first check that the requesting body is an eligible Community Participation Body. If the requesting body is found not to be an eligible Community Participation Body, the Council will advise them accordingly and the statutory process ends. The community body will be advised of any alternative channels for engagement which may be available.

  3. Council officers will next check that all the required information for a formal participation request has been provided. Any missing information will be requested from the Community Participation Body. The day on which all the required information has been received is deemed the ‘validation date’, when the clock starts on the decision-making process.

  4. If the participation request is for participation in a Council process which does not involve any other Public Service Authorities, the request will be sent to the relevant Executive Director for a decision as to whether their Service wishes to engage in an outcome improvement process with the Community Participation Body. The Executive Director decide whether to grant the participation request, notify the Community Participation Body and publish a Decision Notice on the Council website within 30 days of the validation date.

  5. If the participation request involves more than one Public Service Authority, the request will be sent to the relevant Executive Director and also to any other named Public Service Authorities. The other Public Service Authorities have 15 days in which to notify the Council whether they wish to participate in the proposed outcome improvement process. On receipt of their decision, the Council will notify the Community Participation Body and the relevant Executive Director. The Executive Director will then decide whether to grant the participation request, notify the Community Participation Body of their decision and publish a Decision Notice on the Council website within 45 days of the Validation Date.

  6. The Decision Notice will include the reason(s) for the granting or otherwise of the participation request. There is a presumption in favour of approval and participation requests will be granted unless there are reasonable grounds to refuse. In making a decision, Executive Directors will consider whether granting a request would be likely to promote or improve:

  • Economic development.
  • Regeneration.
  • Public health.
  • Social wellbeing.
  • Environmental wellbeing.
  • A reduction in inequalities of outcome which result from socio-economic disadvantage.

  1. If the participation request is approved, the Decision Notice will include information about the proposed outcome improvement process. Details of the type of information to be published are provided in the Guidance. The Executive Director involved will ensure that the outcome improvement process starts within 90 calendar days of the publication of the Decision Notice.

  2. If the Council subsequently wishes to make any modifications to the agreed outcome improvement process, the Community Participation Body will be consulted. Similarly, the Community Participation Body may request modifications, subject to the agreement of the Executive Director involved. Details of any agreed modifications, and the revised process, will be published by the Executive Director on the Council website.

  3. On completion of the agreed outcome improvement process, and in consultation with the Community Participation Body, the Executive Director will publish a Report on the Council website detailing the process, the outcomes of the process and how the Community Participation Body contributed to the outcomes. The Report will include a note of how the Council plans to keep the Community Participation Body, and any other interested parties, informed of any matters relating to the outcomes.

  4. The Executive Director for Corporate Services will submit an Annual Report to the Policy and Resources Committee by 30 June each year, which will include the following information with regard to the previous financial year:

  • The number of participation requests received in the year.
  • The number of participation requests agreed and refused in the year.
  • The number of requests which resulted in changes to a service provided by, or on behalf of, the Council.
  • Any action taken by the Council to promote and support participation requests.
  1. The Act requires that all information, notices and reports relating to participation requests be published on a website and through social media. The Council will publish all relevant information on its own website, and will promote the information via social media. If a community body has limited access to digital technology and would prefer to receive information in hard copy or another format, this can be arranged on request. Community bodies in this situation are invited to contact either the Strategy Manager or the Executive Director involved in a particular participation request or outcome improvement process.

IMAGE: The flowchart is titled “PROCEDURE FOR HANDLING PARTICIPATION REQUESTS” and bears the text “ORKNEY ISLANDS COUNCIL”. It sets out the following process: “Ongoing dialogue and support offered to local community bodies” leads to “START of formal process”, followed by “Council receives request to participate in outcome improvement process”. The next decision is “Does the requesting body meet the statutory criteria for a Community Participation Body (CPB)?” A “no” outcome leads to “Council informs requesting body it is not a qualifying CPB and process ends”. A “yes” outcome leads to “Council checks information provided and liaises with CPB to supply anything missing”, followed by “VALIDATION DATE”. The next decision is “Does the request involve more than one Public Service Authority?” A “yes” outcome leads to “Council passes request to Executive Director and other Public Service Authorities”; a “no” outcome leads to “Council passes request to Executive Director of relevant service”. For requests involving more than one public body, “Other Public Service Authorities decide whether they wish to participate and inform the Council of their decision” within “15 days”. A “no” outcome leads to “Council informs CPB and Executive Director(s)”; a “yes” outcome, and the single-authority route, lead to “Executive Director(s) decides whether to approve the participation request”. The process allows “45 days (when more than one public body involved)” or “30 days (when Council only)”. A “yes” decision leads to “Council informs CPB and publishes DECISION NOTICE with reasons for decision and information about the outcome improvement process, which must start within 90 days.” A “no” decision leads to “Council informs CPB and publishes DECISION NOTICE with reasons”. The next step is “Any modifications to process to be agreed with CPB and a report published detailing changes and new process”, followed by “Council publishes a REPORT on the process, outcomes and plans for future engagement with CPB and others”, “END of formal process”, and “Council publishes, by 30 June each year, an ANNUAL REPORT detailing participation requests granted and refused, and resulting changes to public services.”