Overview and Scrutiny
Chapter 38: Introduction
Overview and Scrutiny provide an important check and balance function to ensure that the decisions of the Executive, Mayor and Cabinet are in the best interests of residents and that the council is providing high quality services.
The scrutiny process provides non-executive councillors and co-opted Members with an opportunity to examine the services provided by the council and partner agencies, ask questions on how decisions are made and to consider whether service improvements can be put in place. Members of all political parties can work together in a challenging and constructive way to propose improvements not only to the way the council works, but also to other public services in the local area more generally.
Section 38.1: Scrutiny Committees and Sub-Committees
Council will appoint an Overview and Scrutiny Committee to discharge the functions conferred by sections 9F to 9FI of the Local Government Act 2000; section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters); or any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters).
Council will appoint a Member to serve as the Chair of the Overview and Scrutiny Committee. The Committee will appoint its own Vice-Chair.
The Committee will appoint a Sub-Committee to discharge the Council’s functions under the National Health Service Act 2006 (including scrutiny of the local health service) to be known as the Health and Adults Scrutiny Sub-Committee and it may also appoint such other Sub-Committees as the Committee considers appropriate to carry out its work programme. The Overview and Scrutiny Committee will appoint Members as Chairs of any such sub-committees. The Sub-Committees will appoint their own Vice-Chairs.
The Overview and Scrutiny Committee and its Scrutiny Sub-Committees will generally meet in public and will conduct their proceedings in accordance with the Procedure Rules in Section 30 of this Constitution.
Section 38.2: Scrutiny Leads
The Overview and Scrutiny Committee may appoint from amongst its Members, ‘Scrutiny Lead Members’ with responsibility for specific portfolios.
Section 38.3: General Role and Responsibilities
Section 30 (Overview and Scrutiny Procedures Rules) sets out in more detail how the Overview and Scrutiny Committee and its Sub-Committees will operate. In summary, their roles include the following:
Scrutiny of decisions or actions taken by the executive.
Provide advice and reports to the Executive on key issues including making recommendations to Council and/or the Mayor/Executive.
Question Members of the Executive and/or Committees and chief officers about their views on issues and proposals affecting the area.
Liaise with external organisations operating in the area to ensure the interests of local people are enhanced by collaborative working including by reviewing the performance of public bodies in the area and inviting reports from them.
Exercise the right to ‘call in’ for reconsideration decisions made but not yet implemented by the Mayor/Executive.
Assist the Council and the Executive in the development of its budget and policy framework and in the in-depth analysis of policy issues.
Look to enhance community participation in the development of policy options including through petitions to Scrutiny meetings following the rules set out in the Council’s Petition Scheme.
To consider issues under the ‘Councillor Call for Action’ procedure (set out in the Councillor Call for Action guide in the Supplementary Documents Pack – S13).
Section 38.4: Reporting
The Overview and Scrutiny Committee reports annually to Council on its work.
The Overview and Scrutiny Committee and the Scrutiny Sub-Committees will report to Council, Cabinet or the Mayor or appropriate Cabinet member and make recommendations, as appropriate. This process is set out in more detail in Section 30 (Overview and Scrutiny Procedure Rules).