TOWN Hall scrutiny chiefs at Warrington will tomorrow (Tuesday) decide whether Liberal Democrat and Conservative councillors have made a valid case for "calling in" a decision by the borough council's executive board to set up a Trust to run the borough's leisure and culture services.
Members of the economy and resources overview and scrutiny committee will hear evidence from opposition councillors who are claiming the decision was not taken in accordance with the principles of decision-making as set out in the council's constitution.
The call-in was originally initiated by Liberal Democrat culture and leisure spokesman Cllr Kevin Reynolds (right) supported by one Conservative and four Liberal Democrat councillors, following the executive board's decision on October 17.
At the time, Cllr Reynolds said: "We have done this because we don't think there has been proper consultation with the unions over this proposed transfer.
"It was quite clear from their reaction after the board meeting and their comments to the press afterwards that the unions are extremely unhappy with the way the Labour Group has handled the whole issue.
"The unions are reported as saying that, 'to suggest consultation has taken place is a blatant disregard of the truth'."
The council cannot implement the executive's decision until the "call in" has been considered.
Tomorrow, Cllr Reynolds, or his representative, and witnesses will be able to give evidence regarding the reasons for calling-in the decision and their reason for suggesting the decision was taken properly.
They can then be questioned by the committee before members decide whether or not the call in is valid.
If the committee decides the call in is not valid, it will be dismissed and the orginal decision - to set up a Trust - can be implemented.
If, however, the call in is considered valid the executive board for leisure, community and culture, Cllr Kate Hannon, will able to respond to the call-in and can also be questioned.
The committee will then have three options - to offer no advice, in which case the original executive board decision may be implemented - to offer advice to the executive or, in exceptional cases,  to refer the matter to full council.
Overview and scrutiny chiefs have no power to overturn an executive decision, or to substitute their own decision in place of the original decision.