Overview and Scrutiny

Scrutiny is a statutory function of the overview and scrutiny committees (OSC’s) established by Council as part of its executive arrangements under the Local Government Act 2000. This Council’s Overview and Scrutiny Committees are known as Select Committees.

This Council has six Select Committees which are detailed below together with the areas of responsibility:

Overview and Scrutiny Co-ordinating Group

The Council has an Overview and Scrutiny Co-ordinating Group comprising the Select Committee Chairs, the Leader and Deputy Leaders. Its terms of reference are to:

· Co-ordinate select committee work plan aspirations to have regard to the Executive’s Forward Plan and to promote linkages with policy/service review and policy development priorities across all council activities;

· Agree responsibility for work to avoid duplication;

· Agree responsibility for consideration by select committee of matters which fall within the remit of more than one select committee;

· Promote good practice in the operation of the select committee process; and

· Promote constructive co-operation and liaison between the select committee process and the Executive.

The co-ordination group is an informal Council body outside the scope of the Local Government Act (ie, it does not meet in public.) Its co-ordination role does not involve the making of decisions which discharge Council functions.

Statutory role of Select Committees

Within their scope, Select Committees have powers to:

(a) review or scrutinise decisions or action taken in respect of any functions which are the responsibility of the Executive;

(b) make reports or recommendations to the Council or the Executive in respect of any functions which are the responsibility of the Executive;

(b) review or scrutinise decisions or action taken in respect of any functions which are not the responsibility of the Executive;

(c) make reports or recommendations to the Council or the Executive in respect of any functions which are not the responsibility of the Executive;

(d) make reports or recommendations to the Council or the Executive in respect of matters which affect the local authority’s area or its inhabitants.

(e) review or scrutinise executive decisions “called-in” under the Council’s call-in arrangements and make recommendations to the decision-taker arising from this. A Select Committee may also arrange for the full Council to review or scrutinise such a decision and decide whether or not to recommend that the decision be reconsidered.

(f) The Health Select Committee has a statutory function to examine healthcare provision within the area, including (when legislation permits) power to require Chief Executives of local NHS organisations to attend to answer questions; to refer major planned changes in local NHS service to the Secretary of State; and to refer contested major service reconfigurations to the new Independent Reconfiguration Panel.

Policy development and review.

Select committees may:

(i) contribute views on the Executive’s draft proposals for budget and policy framework matters.

(ii) at the request of the Council or the Executive, assist in the development of its budget and policy framework by in-depth analysis of policy issues;

(iii) at the request of the Executive, assist in the development of other policy options;

(iv) review the success of policy and implementation over time and make recommendations and in relation to the above;

(v) conduct research, community and other consultation in the analysis of policy issues and possible options;

(vi) consider and implement mechanisms to encourage and enhance community participation in the development of policy options;

(vii) question members of the Executive and/or committees and officers about their views on issues and proposals affecting the area;

(viii) gather evidence from council members, officers, members of the public and local organisations; and

(ix) liaise with other external organisations operating in the area, whether national, regional or local, to ensure that the interests of local people are enhanced by collaborative working.

Scrutiny.

Select Committees may:

(i) review and scrutinise the decisions made by and performance of the Executive (including individual executive councillors and any matters delegated to area committees or joint arrangements) and council officers both in relation to individual decisions and over time;

(ii) review and scrutinise the performance of the Council in relation to its policy objectives, performance targets and/or particular service areas;

(iii) regularly review the Executive’s Forward Plan with a view to deciding which, if any, of the forthcoming decisions the Committee wishes to enquire into. Such a review might involve questioning members of the Executive and officers seeking the views of local stakeholders and other interested parties.

(iv) question members of the Executive and officers about their decisions and performance, whether generally in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects;

(v) make recommendations to the Cabinet and/or appropriate non-executive committee and/or Council arising from the outcome of the scrutiny process;

(vi) recommend to the Council that it reviews or scrutinises a decision or proposed decision of the Cabinet, individual executive councillor or area committee, or a decision of a committee discharging non-executive functions.

(vii) review and scrutinise the performance of other public bodies in the area and invite reports from them by requesting them to address the select committee and local people about their activities and performance;

(viii) question and gather evidence from any member of council or officer; and

(ix) question and gather evidence from any person (with their consent).

Proceedings of Select Committees

 Select committees conduct their proceedings in public in accordance with the Overview and Scrutiny Standing Orders set out in Part 4, Section D of the Constitution.

Scrutiny of Other Public Bodies

The Government has legislated to strengthen the powers to scrutinise other public bodies.

The Local Government and Public Involvement in Health Act 2007 received Royal Assent in November 2007 and provides for public service providers to be required either to appear before the Select Committee or provide information to the committee within 20 working days of being asked and to also have regard to the recommendations of the committee. It is important to note that this duty to co-operate only applies to LAA partners.

For public service providers who are not involved in the LAA or for private organisations the ability to seek co-operation remains but they cannot be compelled to co-operate.

Health Scrutiny

There is a specific power to undertake statutory health scrutiny with a duty on the NHS to co-operate and appear before the scrutiny committee established for this purpose.

A Joint Health Scrutiny Committee is in place across the ex-Avon area to deal with substantial changes to health services which require formal consultation across unitary authority boundaries.

Crime and Disorder Scrutiny

The Police and Justice Act 2006 provides a framework for new scrutiny powers on Crime and Disorder.

It was originally intended that this should be implemented in April 2008. However, current advice is that arrangements will not commence for some time pending the outcome of the review into policing being undertaken by Sir Ronnie Flanagan. Implementation will be put into effect by commencement order.

When implemented the proposals are intended to provide for every local authority to have an overview and scrutiny Committee with power to:

1. Review or scrutinise decisions made or actions in connection with discharge by the responsible authorities of their crime and disorder functions

2. Make reports and recommendations with regard to those functions.

Scrutiny of the Local Strategic Partnership and Themed Strategic Partnerships

The Local Government Act 2000 empowers Scrutiny Committees to scrutinise any matter which affects the authority’s area or its inhabitants. This can include bodies or services outside those provided directly or solely by the Council. The activities of the strategic partnerships are therefore available for scrutiny. Indeed the scrutiny powers enable the committee to look beyond the partnership and examine the individual partner activities in so far as they affect the area or its inhabitants.

Each Select Committee has a six monthly agenda item (with opportunities for additional scrutiny if required) relating to the relevant strategic partnership to provide:

· The opportunity to question the Chair of the Partnership

· A progress report on the work of the partnership. In addition to regular overall scrutiny, this will provide an opportunity for the identification of more detailed scrutiny needs in relation to the performance of either the partnership or partner organisations and their contribution to targets set.

· Regular scrutiny of the achievement of LAA targets.

· Scrutiny of the annual report prepared by each strategic partnership overviewing its work and achievements.