Overview and Scrutiny
Encyclopedia
Overview and Scrutiny is a function of local authorities
in England and Wales
. It was introduced by the Local Government Act 2000
which created separate Executive
and Overview and Scrutiny functions within councils.
Councils operating Executive Arrangements are required to create an Overview and Scrutiny Committee which is composed of councillors who are not on the Executive Committee of that council. Overview and Scrutiny Committees are required to meet the rules on proportionality defined in the Local Government And Housing Act 1989 (i.e. the committee must reflect the respective sizes of the political groups on the council). Councils which operate Alternative Arrangements are required to create an Overview and Scrutiny committee which is similarly politically proportionate. (Alternative Arrangements are normally operated by councils covering an area with a population of less than 85,000 but can also include larger councils, for example Brighton and Hove until 2008).
Some local authorities subdivide their main Overview and Scrutiny Committee into sub-committees, often titled Select Committees after parliamentary practice, though a wide variety of designations and structures are in use.
Scrutiny may under the Local Government Act 2000
make recommendations to the council's executive, and under other legislation may also make recommendations to other local bodies. Such bodies are under various obligations to respond or have regard to these recommendations. Most scrutiny functions have a process by which recommendations are monitored to check on their implementation. This is seen as one of the principles ways to ascertain the impact that scrutiny has on local services.
By law, Overview and Scrutiny must have the right to 'call-in' decisions - i.e. ask the decision-maker to think again, or to refer the decision to the full council if it is believed that the decision-maker has taken a decision in contravention of the council's budget or policy framework
. To be called in, decisions usually need to be key decisions
(i.e., listed in the council's Forward Plan). There is usually a window of five working days between the notification of the decision (when it is placed on public deposit) when a call-in can be requested. Again, this varies from authority to authority.
is a shared responsibility between the council's executive and the full council itself. Many councils have a procedure for detailed inspection of proposals by members on Overview and Scrutiny committees before the Executive brings final proposals to council, a process known as "pre-decision scrutiny".
Scrutiny often has a role in in-year performance and finance monitoring, which it undertakes alongside the audit function of the authority.
and county council
s statutory powers to call in witnesses from local National Health Service
(NHS) bodies, and make recommendations that NHS organisations must consider as part of their decision-making processes. Similarly the Health and Social Care Act 2001 places requirements on NHS organisations to consult with health overview and scrutiny committees when considering substantial developments or variations to services.
The Police and Justice Act 2006
created similar scrutiny powers for external organisations with a role in crime and disorder.
The Local Government and Public Involvement in Health Act 2007
and the Local Democracy, Economic Development and Construction Act 2009
also granted significant new powers to scrutiny to scrutiny partner organisations (i.e. public bodies operating in the local area other than the local authority).
Since 2003 there has been a marked trend towards more scrutiny of partnership work, to the extent that this has now been fully integrated in many scrutiny functions which do not make a distinction between "internal" and "external" work. More recently the advent of Total Place (an initiative begun under the Labour
Government in 2009 to examine the potential for improving efficiency by joining up local services is expected to accelerate this process. Some (including the Centre for Public Scrutiny) have suggested that this will mean that overview and scrutiny in local government will have to change its approach to accommodate the challenges to governance and accountability that will result.
into the House of Commons. The Bill is expected to receive Royal Assent
by the summer.
The Bill makes wide-ranging changes to how local government in England operates. Local government in Wales is devolved so the bulk of the proposals in the Bill will not apply there.
The Bill (at report stage) makes no substantial changes to the operation of overview and scrutiny in English local authorities. It instead consolidates existing legislation.
The Bill will allow any council in England to adopt the committee system, which was abolished by the Local Government Act 2000
. Under the committee system, committees of councillors made decisions collectively rather than power being concentrated in the hands of a Cabinet
. Councils adopting this form of executive arrangements may still appoint an overview and scrutiny committee.
The Government has also proposed significant structural reform in policing, which will affect the operation of overview and scrutiny and its relationship with the police. Elected police commissioners will, under the Act, be held to account by a Police and Crime Panel composed of local scrutiny councillors.
Changes to the National Health Service proposed as part of the Health and Social Care Bill will also affect accountability and the operation of health scrutiny.
Local government in the United Kingdom
The pattern of local government in England is complex, with the distribution of functions varying according to the local arrangements. Legislation concerning local government in England is decided by the Parliament and Government of the United Kingdom, because England does not have a devolved...
in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. It was introduced by the Local Government Act 2000
Local Government Act 2000
The Local Government Act 2000 is an Act of the Parliament of the United Kingdom that reformed local government in England and Wales. Its principal purposes are:...
which created separate Executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
and Overview and Scrutiny functions within councils.
Councils operating Executive Arrangements are required to create an Overview and Scrutiny Committee which is composed of councillors who are not on the Executive Committee of that council. Overview and Scrutiny Committees are required to meet the rules on proportionality defined in the Local Government And Housing Act 1989 (i.e. the committee must reflect the respective sizes of the political groups on the council). Councils which operate Alternative Arrangements are required to create an Overview and Scrutiny committee which is similarly politically proportionate. (Alternative Arrangements are normally operated by councils covering an area with a population of less than 85,000 but can also include larger councils, for example Brighton and Hove until 2008).
Some local authorities subdivide their main Overview and Scrutiny Committee into sub-committees, often titled Select Committees after parliamentary practice, though a wide variety of designations and structures are in use.
Functions of Overview and Scrutiny
The role of overview and scrutiny differs from authority to authority and can usually be ascertained with reference to the Council's Constitution.Scrutiny may under the Local Government Act 2000
Local Government Act 2000
The Local Government Act 2000 is an Act of the Parliament of the United Kingdom that reformed local government in England and Wales. Its principal purposes are:...
make recommendations to the council's executive, and under other legislation may also make recommendations to other local bodies. Such bodies are under various obligations to respond or have regard to these recommendations. Most scrutiny functions have a process by which recommendations are monitored to check on their implementation. This is seen as one of the principles ways to ascertain the impact that scrutiny has on local services.
Holding decision-makers accountable
This is often undertaken by questioning executive councillors, council employees and representatives of other organisations on decisions made and policies being pursued in the local area. This kind of formal holding to account usually happens "in committee".By law, Overview and Scrutiny must have the right to 'call-in' decisions - i.e. ask the decision-maker to think again, or to refer the decision to the full council if it is believed that the decision-maker has taken a decision in contravention of the council's budget or policy framework
Policy framework
A policy framework is a logical structure that is established to organize policy documentation into groupings and categories that make it easier for employees to find and understand the contents of various policy documents...
. To be called in, decisions usually need to be key decisions
Key Decisions
"Key Decisions" is the fourth episode aired of the TV comedy series Arrested Development.- Plot :When Gob ditches his girlfriend, Marta Estrella, for a publicity stunt at the penitentiary that holds his father, Michael is left to accompany her to the Desi Awards...
(i.e., listed in the council's Forward Plan). There is usually a window of five working days between the notification of the decision (when it is placed on public deposit) when a call-in can be requested. Again, this varies from authority to authority.
Pre-decision scrutiny/in-year monitoring
Development of the policy frameworkPolicy framework
A policy framework is a logical structure that is established to organize policy documentation into groupings and categories that make it easier for employees to find and understand the contents of various policy documents...
is a shared responsibility between the council's executive and the full council itself. Many councils have a procedure for detailed inspection of proposals by members on Overview and Scrutiny committees before the Executive brings final proposals to council, a process known as "pre-decision scrutiny".
Scrutiny often has a role in in-year performance and finance monitoring, which it undertakes alongside the audit function of the authority.
Performance and policy review
Overview and Scrutiny Committee or Select Committees undertake in-depth reviews of particular issues of relevance to local people. This is hoped to be a significant influence on future decisions of the Executive and inform developments both in policy and administrative practice. Work like this is usually carried out in informal "task and finish" groups, which investigate a given issue and report back to the commissioning committee with a final report. This kind of scrutiny is regarded by many practitioners as the most effective,Scrutiny of public services delivered by external organisations
The government wished to see Councils take a stronger role in scrutinising public services outside their own organisation. Accordingly, the Health and Social Care Act 2001 provided the Overview and Scrutiny functions of unitary authoritiesUnitary authority
A unitary authority is a type of local authority that has a single tier and is responsible for all local government functions within its area or performs additional functions which elsewhere in the relevant country are usually performed by national government or a higher level of sub-national...
and county council
County council
A county council is the elected administrative body governing an area known as a county. This term has slightly different meanings in different countries.-United Kingdom:...
s statutory powers to call in witnesses from local National Health Service
National Health Service
The National Health Service is the shared name of three of the four publicly funded healthcare systems in the United Kingdom. They provide a comprehensive range of health services, the vast majority of which are free at the point of use to residents of the United Kingdom...
(NHS) bodies, and make recommendations that NHS organisations must consider as part of their decision-making processes. Similarly the Health and Social Care Act 2001 places requirements on NHS organisations to consult with health overview and scrutiny committees when considering substantial developments or variations to services.
The Police and Justice Act 2006
Police and Justice Act 2006
The Police and Justice Act 2006 is an Act of the Parliament of the United Kingdom. As at August 2007 many of the provisions are not yet in force...
created similar scrutiny powers for external organisations with a role in crime and disorder.
The Local Government and Public Involvement in Health Act 2007
Local Government and Public Involvement in Health Act 2007
The Local Government and Public Involvement in Health Act 2007 is an Act of the Parliament of the United Kingdom.The Act allows for the implementation of many provisions outlined in the Government white paper Strong and Prosperous Communities including changes to local government in England...
and the Local Democracy, Economic Development and Construction Act 2009
Local Democracy, Economic Development and Construction Act 2009
The Local Democracy, Economic Development and Construction Act 2009 is an Act of the Parliament of the United Kingdom.The legislation places a duty on local authorities to promote understanding of the functions and democratic arrangements of the authority among local people...
also granted significant new powers to scrutiny to scrutiny partner organisations (i.e. public bodies operating in the local area other than the local authority).
Since 2003 there has been a marked trend towards more scrutiny of partnership work, to the extent that this has now been fully integrated in many scrutiny functions which do not make a distinction between "internal" and "external" work. More recently the advent of Total Place (an initiative begun under the Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
Government in 2009 to examine the potential for improving efficiency by joining up local services is expected to accelerate this process. Some (including the Centre for Public Scrutiny) have suggested that this will mean that overview and scrutiny in local government will have to change its approach to accommodate the challenges to governance and accountability that will result.
Since the 2010 General Election
In December 2010 the Coalition Government introduced the Localism BillLocalism Bill
The Localism Act 2011 is an Act of Parliament that changes the powers of local government in England. The measures affected by the Act include more elected mayors, referendums and a new "general power of competence" which will empower local authorities to do anything which is not...
into the House of Commons. The Bill is expected to receive Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
by the summer.
The Bill makes wide-ranging changes to how local government in England operates. Local government in Wales is devolved so the bulk of the proposals in the Bill will not apply there.
The Bill (at report stage) makes no substantial changes to the operation of overview and scrutiny in English local authorities. It instead consolidates existing legislation.
The Bill will allow any council in England to adopt the committee system, which was abolished by the Local Government Act 2000
Local Government Act 2000
The Local Government Act 2000 is an Act of the Parliament of the United Kingdom that reformed local government in England and Wales. Its principal purposes are:...
. Under the committee system, committees of councillors made decisions collectively rather than power being concentrated in the hands of a Cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
. Councils adopting this form of executive arrangements may still appoint an overview and scrutiny committee.
The Government has also proposed significant structural reform in policing, which will affect the operation of overview and scrutiny and its relationship with the police. Elected police commissioners will, under the Act, be held to account by a Police and Crime Panel composed of local scrutiny councillors.
Changes to the National Health Service proposed as part of the Health and Social Care Bill will also affect accountability and the operation of health scrutiny.