Overview and Scrutiny has an important role in ensuring that the County Council’s services are delivered effectively and efficiently and that they meet the needs of local people. This role can be undertaken in several ways including:

(i) ‘Calling-in’ of Decisions of the Cabinet

Overview and Scrutiny has a call-in power whereby it can require that a ‘key decision’¹ made by the Cabinet, but not yet implemented, is brought before the Overview and Scrutiny Committee. This has the effect of stopping action. The Committee can question the rationale for the decision and can, if it wishes, ask the Cabinet to think again. Overview and Scrutiny cannot change the decision, that being a matter for Cabinet. This process has rarely been used in Leicestershire as there has been a constructive dialogue between the Cabinet and Overview and Scrutiny whereby Overview and Scrutiny has been offered opportunities to express a view on most ‘key decisions’ before a decision is taken.

The Call-in procedure is addressed in more detail in the Advisory Notes to Members of the County Council, which can be accessed via the following link:-

http://intranet.leics.gov.uk/internal_services/democracy/democracy_decision_making/forward_plan.htm

(ii) Reviewing decisions or policies of the Cabinet that have been implemented

Overview and Scrutiny can examine how well a policy or a decision of the Cabinet has been implemented and whether the desired outcomes have been achieved.

(iii) Performance Management

Performance Management is one of the key roles for Overview and Scrutiny and can be an effective means of holding the Cabinet to account.

The new Comprehensive Area Assessment inspection regime requires the County Council to place delivery of the Sustainable Community Strategy (SCS) priorities and the Local Area Agreement 2 (LAA2) targets at the heart of its improvement

plan. In response, a new Medium Term Council Delivery Plan is being developed which will address not only the SCS/LAA priorities but also other high service priorities.

Quarterly performance reports showing progress against targets are produced alongside the revenue budget and capital programme. These reports will be considered by the Budget and Performance Monitoring Panel and should enable members to see how resources are deployed to improve services and to monitor progress and improvements. Where improvements are not in line with expectation members will be able to ask questions and delve further into reasons for non-performance.

Performance management, however, is not only about addressing underperformance. Members may also wish to look at areas where performance is better than expected and consider the reasons for this and whether there are lessons to be learnt for other service areas and the Council as a whole.

¹The definition of a Key Decision is set out in Rule 8 of the Executive Procedure Rules in the County Council’s Constitution, accessible via the following link:-

www.leics.gov.uk/index/your_council/local_democracy/constitution/4d_executive_procedure.htm#r08_working_definition_keydecisions

(b) COMMENTING ON THE KEY PLANS AND POLICIES

The Key Plans and Policies of the County Council are listed in Schedule 2 to the Articles of the Constitution, accessible via the following link:-

www.leics.gov.uk/index/your_council/local_democracy/constitution/2_articles_of_constitution.htm#schedule2

A number of these Plans require approval by the County Council and the appropriate Overview and Scrutiny body will be consulted for comments on each Plan. The Cabinet is required to advise the County Council of any comments made by Overview and Scrutiny on Plans and how it has addressed these.

Other Plans listed in the Constitution are approved by the Cabinet. Although there is no requirement to consult Overview and Scrutiny, the Cabinet has previously sought the views of appropriate Overview and Scrutiny Committees (if the timing of meetings permitted) or sought the views of the Chairman and Spokesmen of the Overview and Scrutiny Committee.

Experience shows that Overview and Scrutiny Committees are advised to adopt the following principles to the scrutiny of plans and strategies within the Policy Framework:

A selective approach is needed because it is neither possible nor necessary to scrutinise every plan in detail;
Within the constraints of the timetable, the Cabinet should be encouraged to allow Overview and Scrutiny Committees sufficient time to comment on plans recognising that they can be large and complex documents;
Overview and Scrutiny should plan its work in consultation with the Cabinet to avoid duplication;
The examination of plans can assist members of Overview and Scrutiny Committees to identify areas for further detailed work;
If an Overview and Scrutiny Committee believes that something should be looked at in more detail but the Cabinet does not agree, Overview and Scrutiny can still look into the matter but must report its conclusions to the Cabinet in the first place;
Scrutiny Review Panels are usually the most appropriate way of examining complex and time-consuming issues.

A checklist for challenging the contents of plans is set out in Appendix A to this Guide.

c) SCRUTINY OF THE MEDIUM TERM FINANCIAL STRATEGY (‘BUDGET’)

The County Council is responsible for agreeing the Medium Term Financial Strategy.

Overview and Scrutiny has a role in the process in terms of commenting on proposals for the Medium Term Financial Strategy (MTFS) before they are submitted to the County Council for approval. The process that has been adopted in previous years for considering and approving the MTFS is as follows (the timetable is indicative and is dependent upon receipt of information from the Government):-

(i) In September/October – The relevant Overview and Scrutiny Committee is informed of the development of the Medium Term Financial Strategy and the broad implications for the Service Area.

(ii) In November - Presentation to all elected members by the Director of Corporate Resources on:

Background to the MTFS
Revenue Support Grant Settlement
Local Position/Service Pressures
Timetable for preparing the MTFS including overview and scrutiny

(iii) In early January - The Cabinet will consider and develop its proposals in relation to the MTFS;

(iv) In mid January - The relevant Overview and Scrutiny Committee is consulted on the Cabinet’s proposals and submits comments. The Scrutiny Commission has an important role in co-ordinating the responses of the individual Overview and Scrutiny Committees and resolving any conflict between them.

(v) In early February - The Cabinet reconsiders its proposals in the light of comments received from Overview and Scrutiny and others.

(vi) In mid February The Cabinet advises the Council of its decision, including comments received and how it has responded to these.

(vii) In mid February The Council considers and, if appropriate, approves the proposals.

Overview and Scrutiny has the specific role of monitoring the MTFS and receives quarterly progress reports (see Section (a) (iii)).

NOTE:

Appendix B to this guide sets out a protocol on the exchange of information between the Executive and Overview and Scrutiny. This protocol is to supplement the protocol on Member/Officer Relations which can be found at Part 5C of the Constitution, accessible via the following link:-

www.leics.gov.uk/index/your_council/local_democracy/constitution/5c_member_officer_relations.htm

Page Last Updated: 23 August 2007