Right First Time: A practical guide for public authorities in Scotland to decision-making and the law - third edition

Checklist

Step 1 | Prepare: Getting ready to decide

1. Where does the power to make this decision come from and what are its legal limits?

2. For what purposes can the power be exercised?

3. What factors should I consider when making the decision?

4. Is there a policy on the exercise of the power?

5. Does anyone have a legitimate expectation as to how the power will be exercised?

6. Can I make this decision or does someone else need to make it?

7. Have devolution and the Scotland Act affected the power?

8. Will I be complying with human rights law?

9. Will I be complying with retained EU law?

10. Will I be complying with equality legislation?

11. What are my environmental duties?

12. What are the financial implications of the decision?

Step 2 | Process: Investigate and gather evidence

13. Does the power have to be exercised in a particular way, e.g. does legislation impose procedural conditions or requirements on its use?

14. Have I consulted properly?

15. Will I be acting with procedural fairness towards the persons who will be affected?

16. Could I be, or appear to be, biased?

17. Am I handling data in line with data protection and freedom of information obligations?

Step 3 | Decide: Taking the decision

18. Have I taken necessary considerations into account, and is my decision reasonable?

19. Does the decision need to be, and is it, proportionate?

20. Are there decisions where the courts are less likely to intervene?

Step 4 | Notify: Notifying others of the decision

21. To what extent should I give reasons for the decision?

Step 5 | Respond: Responding to challenge

22. What type of legal challenge can a decision-maker face?

23. What are the parties’ duties to the court?

24. What is a Specification of Documents and what do I need to do?