Petitions Scheme
The Local Democracy, Economic
Development and Construction Act 2009 requires that the Council
adopt a Petitions Scheme explaining how the Council will deal
with any petitions it receives. The Council adopted its current
Petition Scheme on 19 May 2010 and it comes into effect from 15
June 2010. The operation of the Petition Scheme will be
reviewed on a regular basis.
How do I submit a petition to the Council?
Dover District Council welcomes petitions and
recognises that petitions are one way in which people can let it
know their concerns. All petitions sent or presented to the council
will receive an acknowledgement from the council within 10 working
days of receipt. This acknowledgement will set out what the council
plans to do with the petition.
Any person who lives, works or studies in the
Dover District Council area, including those less than 18 years of
age, can organise a petition or be a petition signatory.
All paper petitions under this petition scheme should be
submitted to:
The Democratic Services Manager
Dover District Council
White Cliffs Business Park
Whitfield
Kent CT16 3PJ
If you would like to present your petition to the council, or
would like your district councillor or someone else to present it
on your behalf, please contact a member of the Democratic Support
Team on 01304 872304 at least 10 working days before the meeting
and they will talk you through the process.
What are the guidelines for submitting a petition?
All petitions submitted to the
council MUST include:
- A clear and concise statement covering the
subject of the petition. It should state what action the
petitioners wish the council to take; and
- The name, postal address and signature
of any person supporting the petition. For e-petitions there is a
requirement to supply a valid e-mail address.
Petitions should be accompanied by
contact details, including a postal address, for the designated
‘Petition Organiser’. The Petition Organiser is
the person the council will contact to explain how it will respond
to the petition. The contact details of the petition organiser will
NOT be placed on the website. If the petition does
not identify a Petition Organiser, the council will contact
signatories to the petition to agree who should act as the Petition
Organiser.
What issues can be the subject of a petition?
Your petition must be relevant to some matter in relation to
which the Council has functions or which affects the area of
the Council or part of it, or the inhabitants of the area or
some of them.
The Council works with a large number of local partners and
where appropriate it will work with these partners to
respond to your petition. If we are not able to do this for any
reason (for example if what the petition calls for is in conflict
with council policy), then we will set out the reasons for this to
you. You can find more information on the services for which the
Council is responsible on this website.
Petitions that are
considered to be vexatious, abusive or otherwise inappropriate will
NOT be accepted. The Council will make a judgement
on whether a petition is vexatious, abusive or otherwise
inappropriate when considering the circumstances of the individual
case. For example, the type of petition may be considered
inappropriate include those relating to matters which are part of
on-going legal proceedings or which target individual members of a
community.
If a petition applies to any of the following
matters other procedures will apply and it will not be considered
under this petition scheme:
(a) Any matter relating to a
planning decision (including about a development plan document or
the community infrastructure levy);
(b) Any matter relating to a
licensing decision;
(c) Any other matter relating to
an individual or entity in respect of which that individual or
entity has the right of recourse to a review or right of appeal
conferred by or under any other enactment. This includes:
- Statutory petitions (such as requesting a
referendum on having an elected mayor); or
- Matters where there is already an existing
right of appeal (such as council tax banding and non-domestic
rates).
What will the Council do when it receives my petition?
The Council’s response to a petition will
depend on what a petition asks for and how many people have signed
it, but may include one or more of the following:
- Taking the action requested in the
petition;
- Consider the petition at a council
meeting;
- Holding an inquiry into the matter;
- Undertaking research into the matter;
- Holding a public meeting into the
matter;
- Holding a meeting with petitioners;
- Refer the petition to an overview and
scrutiny committee or another committee of the Council
for consideration;
- Providing a written response to the petition organiser setting
out the Council’s views about the request in the petition;
and/or
- Take any other action that
it considers appropriate including taking no further
action.
In all cases you will receive a
formal response to the petition.
Full council debates
If a petition requests a full council debate and it
contains 1,600 signatures or more, it will be
debated by the full Council unless it is a petition asking for a
senior council officer to give evidence at a public meeting. This
means that the issue raised in the petition will be discussed at a
meeting which all councillors can attend.
The Council will decide how to respond to the petition at this
meeting. They may decide to take the action the petition requests,
not to take the action requested for reasons put forward in the
debate, or to commission further investigation into the matter, for
example by a relevant committee. The petition organiser will
receive written confirmation of this decision. This confirmation
will also be published on our website.
Officer evidence
Your petition may ask for a senior council officer to give
evidence at a public meeting of the council about something for
which the officer is responsible as part of their job. For example,
your petition may ask a senior council officer to explain progress
on an issue, or to explain the advice given to elected members to
enable them to make a particular decision.
If your petition contains at least 800
signatures or more, the relevant senior officer
will give evidence at a public meeting of either the Scrutiny
(Policy and Performance) Committee or the Scrutiny (Community and
Regeneration) Committee.
What can I do if I feel my petition has not been dealt with
properly?
If you feel that we have not dealt with your petition properly,
the petition organiser has the right to request that the council’s
Scrutiny (Policy and Performance) Committee review the steps that
the council has taken in response to your petition. It is helpful
to everyone, and can improve the prospects for a review if the
petition organiser gives a short explanation of the reasons why the
council’s response is not considered to be adequate.
The Scrutiny (Policy and Performance)
Committee will endeavor to consider your request at its next
meeting, although on some occasions this may not be possible and
consideration will take place at the following meeting. Should the
committee determine the council has not dealt with your petition
adequately, it may use any of its powers to deal with the matter.
These powers include:
- Instigating an
investigation;
- Making recommendations to the
Cabinet; or
- Arranging for the matter to be considered at a meeting of
the full council.
Once the appeal has been considered the petition organizer
will be informed of the results within 5 working days. The results
of the review will also be published on our website.
What Petitions has the Council received?
The Council has considered the following petitions since
2007:
|
Petition No. |
Petition Subject |
Date
Received |
Number of Signatures |
Petition
Organiser
|
Date of Meeting to consider petition
|
Outcome |
| POS001 |
Clean up Deal
campaign |
18/09/08 |
1,300 |
- |
13/10/08
19/01/09
|
Chief Officer report to committee |
| POS002 |
Access to Balmoral Surgery, Deal |
03/11/08 |
306 |
Deal Town Council |
08/12/08
23/01/09
|
Meeting with Surgery staff and contacted Stagecoach and Primary
Care Trust |
| POS003 |
Unit 1, Granville Street, Dover |
22/07/09 |
140 |
Dover Cultural Centre |
13/10/09 |
Recommendation to Chief Officers |
| POS004 |
Unit 1, Granville Street, Dover |
24/11/09 |
27 |
Kaleidascope |
15/12/09 |
Petition received and noted |
| POS005 |
Deal High Street Evening Safety for
Shoppers and Shop Workers |
02/12/10 |
161 |
- |
15/12/09 |
Petition received and noted |
| POS006 |
Cinema in Deal |
02/06/10 |
1,600 |
Deal Films |
15/06/10 |
Recommendation to Cabinet (Minute No. 75) |
| POS007 |
Elms Vale Cemetery Proposals |
21/06/10 |
122 |
C Sedgwick |
13/07/10 |
Recommendation to Cabinet (Minute No. 125) |
| POS008 |
The Boar's Head |
22/09/10 |
116 |
D Batho |
N/A |
The petition was rejected by reason that the petition scheme
does not cover matters where there is already an existing right of
appeal. |
| POS009 |
Free Car Parking within Sandwich during Christmas Period
2010 |
30/11/10 |
269 |
H Marshall |
N/A |
The Director of Property, Leisure and Waste Management provided
a written response to the petition. |
Contact Scrutiny
Telephone: 01304 872304
E-mail: scrutiny@dover.gov.uk