A GUIDE TO OVERVIEW AND SCRUTINY OF COUNTY COUNCIL FUNCTIONS IN LEICESTERSHIRE

What is Overview and Scrutiny?

One of the main objectives of the structural change included in the Local Government Act 2000 was to make it clearer to people who was really making the decisions which affect them and in whose hands power actually lay. A criticism of the traditional committee system was that it failed to do this in any transparent way.

Under the new system the majority of decisions fall to be taken by the Executive i.e. the Leader and Cabinet, limited by law to a maximum of 10 members. The Overview and Scrutiny role is designed to support the work of the Council by providing for members:-

to review and scrutinise decisions taken by the Executive;

to consider aspects of the performance of the Council;

to assist in research, policy review and development;

to provide a means of involving the community in the Council’s work;

to involve itself with external organisations operating in the County to ensure that the interests of local people are enhanced by collaborative working.

Article 6 of the Constitution lists the functions of Overview and Scrutiny bodies in more detail.

Overview and Scrutiny bodies are not decision making bodies but bodies which influence and monitor those that are. This is still a relatively new concept in local government and experience so far suggests that scrutiny will work best if the following principles are recognised:-

Overview and Scrutiny bodies are all party and because they are politically balanced the party or parties which form the political administration have a majority. Recognising the political environment in which members work, it is not likely to be productive for scrutiny to attempt to operate in opposition to or as an alternative to the Council’s Executive. However, it can seek to operate as a “critical friend” and has a role in ensuring that decisions taken by the Executive are properly “tested out”.

Recognising the need for Overview and Scrutiny to have appropriate officer support it is essential for the process to be member-led. In particular it is important for members to lead in shaping scrutiny processes and outputs, devising work programmes and undertaking in-depth investigations. It is also important for the officer support for scrutiny to be integrated with the central corps of the Council so that workload planning and generally other aspects of the Council’s business can be co-ordinated.

The credibility of the scrutiny process will depend on how well members use and develop skills, in relation to:-

-researching and analysing issues;

-effectively questioning “witnesses”;

-being community orientated and involving other bodies;

-drawing together sensible and well argued conclusions and recommendations.

As with all County Council resources the scrutiny process needs to focus on things that matter to local people. This will involve, amongst other things, an appropriate dialogue with the Executive to ensure that duplication is avoided and the Council’s resources are put to effective use. All arms of the County Council are expected to work together for the benefit of the Authority as a whole.

A GUIDE TO OVERVIEW AND SCRUTINY OF COUNTY COUNCIL FUNCTIONS IN LEICESTERSHIRE

What is Overview and Scrutiny?

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