This is the seventh and final guide in our series of Good Decision-Making Guides for Public Bodies. Throughout these Guides we have highlighted what is best practice in decision-making and have offered simple and practical tips to reduce the risk of challenge to your decisions.
In this final Guide, we provide a list of the bare essentials for making a decision. You can use this list as a starting point for making decisions and can adapt it to suit your organisation's decision-making process.
We hope you found this series useful. If you have any questions on any aspect of your organisation's decision-making procedures.
DECISION-MAKING: THE BARE ESSENTIALS
This checklist provides a starting point for making decisions. Adapt it as necessary.
INITIAL STAGES |
Have you examined the source of your decision-making power to ascertain what you can and cannot do? |
Have you considered the various steps in the decision-making process and planned how to act in a way that is procedurally fair at every stage? |
Do you need to hold an oral hearing? If so, will you permit legal representation, the calling of witnesses, and cross-examination? |
DELEGATION |
Can you delegate the power to make the decision? |
Is the decision one that can be delegated? |
Is the proposed delegatee someone of the appropriate level and seniority? |
FAIR PROCEDURES |
Have you considered whether any circumstances might give rise to a perception of bias? |
Does the person who will be affected by the decision know the case against him/her? |
Have you provided him/her with all the relevant material? |
Have you given him/her a reasonable opportunity to make his/her case? |
Have you afforded all sides the same rights? |
USING POLICIES OR GUIDELINES |
Does your organisation have a policy/guideline on the issue in question? |
Is the person who will be affected by your decision aware of the policy/guideline? |
Have you directed your mind to the facts of the case and considered it on its merits? |
MAKING YOUR DECISION |
Do you have all the information you need? Have you properly assessed this information? |
Are the facts on which you propose to base your decision accurate and up to date? |
Is your decision reasonable? Have you applied logical and rational principles? |
Is your decision proportionate? |
Have you complied with any specific legal or procedural requirements? |
Have you given reasons for your final decision? Do the reasons refer to the facts of the case and any policy/guideline you relied on? |
Are the reasons clear and intelligible? |
RECORD-KEEPING |
Have you maintained a written record
of:
|
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.