Executive summary

The county council is the democratically elected strategic authority for Kent. It has the broad power under the Local Government Act 2000 to promote and improve the social, economic and environmental wellbeing of the area and has statutory responsibility for the provision of a range of services.

The overarching role of the council is to improve the quality of life of the people of Kent:

• by arranging delivery of services driven by the sole purpose of serving all Kent residents and council tax payers
• by providing clear and accountable community leadership
• by championing the county's interests, supporting the local economy and enhancing the environment
• by consulting and involving the Kent public in planning ahead and making decisions on their behalf
• by influencing and working in partnership with other organisations.

The strategic view is set out in Kent County Council's policies (currently including the Strategic Statement - The Next Four Years and the Community Strategy entitled The Vision for Kent). The council develops strategic plans for the county in consultation with the wider Kent community and implements those plans through its own services (delivered by its own staff or by contractors), in partnership with other organisations and by influencing other agencies. A significant part of the council's role, within the county, nationally and internationally, is to champion the interests of the people of Kent.

The Constitution of the council is determined in accordance with legislation and periodically reviewed and amended by the council as necessary. The Constitution sets out how the council operates, how decisions are made and the procedures that are followed. The Constitution is divided into 16 Articles, which form the basic rules governing the council's business; more detailed procedures and codes of operating are included in the appendices. It seeks to provide effective decision making procedures, ensuring that the Cabinet is accountable to the body of the council, while providing a role for non executive Members in quasi judicial committees, in policy formation, overview and scrutiny.

The council consists of 84 Members, elected by eligible Kent residents every four years. The Members are governed by codes of conduct laid down by legislation and formally adopted by the council. Adherence to these codes is monitored by a Standards Committee, including outside independent people, which can recommend disciplinary measures to the council. A panel of independent people, again drawn from outside the council, proposes a scheme of allowances for Members for agreement by the council.

The council elects its Chairman and Vice-Chairman each year, who then preside over its meetings, ensuring that the procedures are followed, and embody its civic representation. These office-holders have no executive responsibility.

The balance of power within the council reflects the numerical strength of the individual political parties and, outside the Executive structure, formal meetings of Members reflect this proportionality.

The council elects a Leader at the beginning of each four year term. The Leader, as the head of the Executive, appoints a Cabinet and allocates accountabilities, responsibilities and delegates powers.

The Leader with the Cabinet has executive authority over all the council's functions and activities except those that are reserved to the council and its committees by statute. The council has the power to dismiss the Leader through a vote of no confidence.

The council agrees the policy framework and the annual budget and is responsible for a series of regulatory and governance functions which are discharged through committees that it appoints and holds accountable to itself.

The council's policy framework is recommended to the council by the Leader and updates on progress and changes to the framework are made to the council as appropriate.

Cabinet Members decide policy within the policy framework, take the decisions not delegated to officers and oversee the delivery of services in relation to the responsibilities allocated to them by the Leader, ensuring that the council delivers its obligations to the Kent community. The Cabinet is also responsible for initiating policy development and Best Value reviews in accordance with the Best Value Performance Plan.

A Forward Plan of forthcoming key decisions is published regularly. Procedure Rules of the council set out the processes surrounding executive and key decisions.

The Cabinet Scrutiny Committee is charged with maintaining oversight of the decisions made by the Cabinet and has the power to require reconsideration of those decisions if it deems it appropriate. The Committee, although conforming to the rules on proportionality, is chaired by the Leader of the Opposition.

The council ensures that Members outside the Cabinet can contribute to the development of policy by the appointment of Policy Overview Committees, which are consulted by the Leader and Cabinet Members on policy development. Specific issues relating to the council's services are also reviewed through time limited Select Committees and by all-party Member Panels, which participate in Best Value reviews reporting to the Policy Overview Committees.

The council, advised by the Chief Executive and the Leader, determines the overall officer structure to deliver the council's responsibilities, under the management of Chief Executive, Strategic Directors and County Officers. The council appoints the Chief Executive as Head of Paid Service and designates appropriate senior officers as Monitoring Officer and Chief Finance Officer, who are responsible for resolving constitutional disputes and other matters laid down in the Constitution. It also agrees financial, employment and procurement procedures, together with terms and conditions of employment for staff.

Members must respect the political neutrality of officers. Since the majority of functions are the responsibility of the Executive, many officers work to the Executive for most of their time. Other officers, however, work to support Cabinet Scrutiny and Policy Overview. Nevertheless, in all circumstances officers must continue to work for and serve the local authority as a whole and this role must be endorsed and supported by all Members.