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ITEM EX14 - ANNEX 2

EXECUTIVE – 1 OCTOBER 2002

CHARGING POLICIES BEST VALUE REVIEW

DRAFT

Corporate Charging Policy

CONTENTS

Foreword The Power of the Council to charge for Services When Charges will be Made The Level of Charge Concessions Review of Charges Consultation Data Protection Act Model Consent Form

FOREWORD

Both the Audit Commission and the Government have emphasised the importance to local government finance of the ability of local authorities to charge for a number of the services that they carry out. In addition, charges can be used as an instrument of policy - congestion charges are one example of this.

The County Council currently levies charges for a wide range of its services. As part of its "best value" responsibilities it has reviewed its practice and policy with regard to charges. This document is the outcome of that review.

The policy contained in this document is designed to ensure that:

Specific policies are shown highlighted in bold.

While consistency is important, uniformity cannot be imposed rigidly. There will be cases where it is right for a particular service to depart from the guidelines contained in this policy. Where a departure is justified, however, it will only be implemented following the procedures contained in this policy. This will ensure that a corporate approach is taken to all the charges made by the Council.

This policy will be reviewed on an annual basis. This will enable the Council to review its performance and to revise the policy as necessary to reflect changing circumstances and experience gained.

THE POWER OF THE COUNCIL TO CHARGE FOR SERVICES

The Council is not able to charge for everything that it does. Many of its services must by law be provided for free. Where charges are possible, often their level is imposed by central government. There remain, however, a large number of functions for which the Council has discretion whether to charge, and how much to charge.

The Council can only act lawfully when it acts in accordance with the various powers and duties set out in Acts of Parliament. This applies to charging for services. Some Acts expressly permit charging. In other cases the power to charge will be necessarily implied from the words and purpose of the Act in question. Often, however, a charge will not be able to be implied and in these cases the service must be provided free.

These principles apply whether carrying out the service is a duty imposed on the Council or just a power which the Council can implement or not at its discretion.

WHEN CHARGES WILL BE MADE

It is the Council's policy to make charges whenever it is lawful for it to do so.

Charges will be made in all cases where there is an express statutory duty or power to charge for a service. In the absence of an express power, it is not always straightforward to decide whether the ability to charge for a service can be implied from an Act of Parliament. Accordingly, unless there is an express power to charge, no charge will be levied without confirmation from the Council's Legal Services that the charge is lawful.

In all cases where a charge is made, the objectives of the charge will be set out in the plan produced for the service in question. The plan will also include targets based on usage levels, revenue or some other quantifiable aspect of the service.

In cases where the service for which a charge is possible fulfils an important social function, the Council may decide not to impose a charge. The Council does, however, have a fiduciary duty to its inhabitants to be prudent with regard to its finances. Accordingly, no departure from the normal policy to levy a charge will be made unless the reasons for the departure are given in the relevant service's plan and approved by elected members.

THE LEVEL OF CHARGE

The level of some charges is prescribed by central government. Where the Council has a discretion as to the level, charges will be set at a level designed to recover the full cost of providing the service in question. The cost to be reflected in the charge will include, in addition to the direct cost of providing the service, indirect costs such as a fair and appropriate proportion of the cost of premises, central services and other overheads.

Departures from this policy will only be approved where:

In all instances where a departure from the normal cost-recovery policy is considered justified, the reasons must be given in the service's plan. Charges set other than at a level designed to recover full costs will not be implemented without the specific approval in each case of elected members. In each such case the rationale for setting the charge at the level proposed will also be set out.

CONCESSIONS

Concessions will be given in the case of services fulfilling an important social benefit.

Concessions will not be given for services of a commercial nature. All users of such services will be expected to pay the full charge.

Concessions may be given in the case of charges designed to achieve a particular policy objective.

Where concessions are considered appropriate, they will be given to the following groups:

Concessions will normally be at the rate of one-half the standard charge. Concessions may be set at a different rate, whether higher or lower, or a full exemption from the charge given in appropriate cases. No departures from the normal half rate policy will be made without the specific approval of elected members.

In order to ensure compliance with the Data Protection Act, no use will be made of personal data held by the Council in order to establish an entitlement to a concession unless the claimant agrees in writing. Where access to such data is necessary, those seeking a concession will be asked to complete a form based on the model form annexed to this policy.

REVIEW OF CHARGES

All services must consider, in preparation of their annual plans, all the activities which make up the delivery of that service, and assess which of them. may be made the subject of a charge.

The annual plan for each service will contain a specific section on charging. This will set out:

Where charges are mandatory or permissible, the plans will set out whether the level of charges is prescribed by law or is at the Council's discretion.

Where an activity is chargeable but no charge is proposed to be made, the reason will be explained in the plans.

The plans will set out, for each proposed charge, whether the activity being charged for fulfils a useful social purpose, is commercial in nature or is an instrument of policy.

Where charges are proposed at a level other than a full cost recovery basis, the reasons will be explained.

Details of concessions shall be given. If the concession scheme for any charge differs from that contained in this policy, reasons will be given.

Targets based on usage levels, income or other quantifiable aspect of the service shall be given. Achievement of these shall be monitored throughout the year.

The activities for which charges are made, the level of charges and concessions and the income produced shall, at intervals not exceeding three years, be compared to those of other authorities or other appropriate organisations in order to demonstrate the achievement of "best value".

CONSULTATION

The Council is committed to listening to all members of the community and to involving local people and organisations in service planning and delivery.

The Council has published its policy in this area entitled: "Public Consultation: A Good Practice Guide". The making and level of charges will be included within the principles of that policy.

OXFORDSHIRE COUNTY COUNCIL

DATA PROTECTION ACT 1998

Model consent form for accessing personal data

I (full name in capitals)

Of

(address)

have applied to Oxfordshire County Council for a concession in respect of the following fees or charges:

I am entitled to the concession because

In order that the Council may verify my entitlement to the concession, and for that purpose only, I hereby consent to the Council having access to and reviewing any personal data relating to me and which is relevant to my entitlement, whether held by the Council or by others-

Signed

Date

(Note: This form will not be required in cases where entitlement to a concession is established by evidence which the claimant is able to produce (e.g. a birth certificate proving age or written confirmation of receipt of income support etc.). It will be required where a claimant's entitlement needs to be verified by information that is either held by the Council. or by a third party such as a health authority or district council.)

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