Overview and Scrutiny

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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 all councillors who are not on the Executive Committee of that council, minus the number of minority party members necessary in order for the Overview and Scrutiny Committee to meet the rules on proportionality defined in the Local Government And Housing Act 1989 (ie. 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).

All but the smallest 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.

Contents

[edit] Functions of Overview and Scrutiny

[edit] Holding the Executive accountable

This is often undertaken by questioning Executive Members and council employees as to decisions made. By law, Overview and Scrutiny must have the right to 'call-in' decisions - ie 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.

[edit] Policy development

Development of the policy framework 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.

[edit] Performance and policy review

Overview and Scrutiny Committee or Select Committees undertake in-depth reviews of particular aspects of council service or operation. This is hoped to be a significant influence on future decisions of the Executive and inform developments both in policy and administrative practice.

[edit] 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 authorities and county councils statutory powers to call in witnesses from local 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 will create similar scrutiny powers for external organisations with a role in crime and disorder, and the 2006 local government white paper proposes an even more wide-ranging external scrutiny role.

[edit] See also

[edit] External links


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