1. Introduction
Hartlepool Borough Council (The Authority) was established as a small unitary authority in April 1996. From May 2013 the Authority has operated a Committee system of governance with a Leader and Ceremonial Mayor.
In April 2025, the Authority formally adopted a new Council Plan covering the period up to 2030. Our Vision for the future of Hartlepool in 2030 Hartlepool will be:
- a place where people live healthier, safe and independent lives… PEOPLE
- a place that is connected, sustainable, clean and green… PLACE
- a place that is welcoming with an inclusive and growing economy providing opportunities for all… POTENTIAL
- a place with a Council that is ambitious, fit for purpose and reflects the diversity of its community… ORGANISATION
Summary and Explanation
2. The Constitution
The Constitution sets out how the Authority operates, how decisions are made and the procedures which are followed to ensure that these are efficient, transparent and accountable to local people. Some of these processes are required by the law, while others are a matter for the Authority to choose. The Constitution has been developed in accordance with the Local Government Act 1972, the Local Government Act 2000 and the Localism Act 2011. These Acts, along with the Local Government and Housing Act 1989, are the key statutory references for the provisions of this Constitution. Any changes to the Constitution are likely to be initiated by both legislation and local experience.
3. What is in the Constitution?
The Constitution is divided into 14 Articles that set out the basic rules governing the Authority’s business. More detailed procedures and codes of practice are provided in separate rules, codes and protocols also set out in the Constitution.
Article 1 sets out the purpose of the Constitution. Articles 2 – 14 explain the rights of citizens and sets out a framework for how the key parts of the Authority operate, these are:
- Elected Members of the Authority (Article 2)
- Local People and the Authority (Article 3)
- Full Council (Article 4)
- The Ceremonial Mayor (Article 5)
- The Leader of the Council (Article 6)
- Policy Committees (Article 7)
- Regulatory and other Committees (Article 8)
- Joint Arrangements, Committees and Partnership Boards (Article 9)
- Officers (Article 10)
- Decision Making (Article 11)
- Finance, Contracts and Legal Matters (Article 12)
- Review and Revision of the Constitution (Article 13)
- Suspension, Interpretation and Publication of the Constitution (Article 14)
4. How the Authority operates
The Authority is made up of 36 Elected Members. The Authority’s area is divided into 12 Wards and three Elected Members are elected by the voters in each Ward. Each year an election for one seat in each Ward within the Authority’s area is held. This means that the election of a third of all Elected Members will be held each year, except in every fourth year when no election is held.
Elected Members must follow a code of conduct to ensure high standards in the way they undertake their duties. The Authority has a duty to promote and maintain high standards of conduct by Elected Members and co-opted Members of the Authority. The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through the provision of support to the Audit and Governance Committee when the Committee fulfils its responsibilities in relation to such standards.
When all Elected Members formally meet together this is called a meeting of Full Council. Meetings of Full Council are normally open to the public. Here Elected Members decide the Authority’s overall policies and set the budget each year. Further details of how meetings of the Authority operate can be found in Article 4 and the Council Procedure Rules, contained within Part 4 of this Constitution.
5. How decisions are made
Most of the Authority’s day to day decisions are made by Policy Committees, Sub-Committees or through Officers. The Authority has 5 Policy Committees which deal with the functions, plans and strategies and service areas as set out within Article 7 and Part 3 (Functions and Responsibilities) of this Constitution. The public are entitled to attend meetings of Policy Committees when proposed decisions are discussed, except where personal or confidential matters are being considered.
Policy Committees may only take decisions that comply with the budget and specific plans agreed at Full Council. Any proposed decisions that are not in compliance must be referred by a Policy Committee to Full Council for a decision. A Policy Committee may refer any other matter to Full Council for determination should it choose to do so. In addition, not less than 18 Elected Members of Council (at least one half of the composition of Council) may request the referral of a major decision to Full Council for debate and decision. Such a referral must take place in accordance with the Rules of Procedure set out within Part 4 of the Constitution. Committees also carry out a number of regulatory functions, including dealing with planning applications, licensing and most other regulatory business. Meetings of the Authority’s Policy, Regulatory and other Committees are open to the public except where personal or confidential matters are being discussed.
6. Statutory scrutiny
The Authority has a number of statutory scrutiny responsibilities in relation to health and crime and disorder, as defined within the Health and Social Care Act 2012 and Police and Justice Act 2006. In fulfilling these roles, the Audit and Governance Committee is responsible for the review and scrutiny of matters relating to the planning, provision and operation of health services. It is also designated as the Authority’s ‘Crime and Disorder Committee’ with responsibility for the review and scrutiny of crime and disorder matters. These roles and responsibilities are more fully set out within Part 3 – Responsibility for Functions.
7. Face the public – Statutory partnerships
In accordance with statutory guidance the Safer Hartlepool Partnership and the Health and Wellbeing Board will each hold one Face the Public Event a year. These events will be open to Elected Members and the public. The statutory partners will undertake to be responsible for:
- (a) Updating those attending on their work during the last year;
- (b) Inform those attending on their future plans including future challenges;
- (c) Consulting and engaging with residents on the development of key partner strategies and plans for the Borough;
- (d) Receiving and responding to questions from those attending on their work, future plans and priorities.
These meetings will be chaired by the Chair of the Safer Hartlepool Partnership and the Chair of the Health and Wellbeing Board as appropriate.
8. The Authority’s Staff
The Authority has people working for it (called ‘Officers’) to give advice, implement decisions and manage the day-to-day delivery of its services. Officers can be staff who are engaged in short term, agency contracts or other non-employed capacity. Some Officers have a specific duty to ensure that the Authority acts within the law and uses its resources wisely. More information about Officers of the Council can be found in Part 1- Article 10 and the decisions delegated to Officers are set out in Part 3 of the Constitution. A protocol governs the relationships between Officers and Elected Members of the Authority and can be found in Part 5 – Codes and Protocols of this Constitution.
9. People’s Rights
People have a number of rights in their dealings with the Authority. These are set out in more detail in Article 3. Some of these are legal rights, whilst others depend on the Authority’s own processes. Solicitors and local advice agencies can advise on the legal rights of individuals.
Where people use specific services, for example as a parent of a school pupil, they have additional rights. These are not covered in this Constitution.
People have the right to:
- vote at local elections if they are registered;
- vote at any Council Tax Referendum ;
- contact their local Elected Member about any matters of concern to them;
- obtain a copy of the Constitution; attend (and record or film) meetings of the Full Council and its Committees except where, for example, personal or confidential matters are being discussed;
- petition to request a referendum on a constitutional change as to how the Authority should be run (5% of the number of local government electors within the Borough are required to support a petition and there can only be one referendum in any period of 10 years);
- participate in the Full Council’s question time and contribute to inquiries in accordance with the relevant procedure rules;
- see reports and background papers, and any record of decisions made by Full Council and its Committees or Officers in accordance with the relevant procedure rules;
- complain to the Authority about the way in which services are being delivered;
- complain to the Ombudsman if they think the Authority has not followed its procedures properly. However, they should normally do this after using the Authority’s own complaints process;
- complain to the Monitoring Officer if they have evidence which they think shows that an Elected Member has not followed the Authority’s Code of Conduct; and
- inspect the Authority’s accounts and make their views known to the external auditor.
10. Further information
The Authority welcomes participation by the town’s people in its work. For further information on your rights or about this Constitution, please contact:
Telephone: 01429 284307