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Overview and Scrutiny guide
“Scrutiny is an ideal way for new members to become involved in the business of their council
quickly and effectively.”
eastsussex.gov.uk
Updated August 2018
eastsussex.gov.uk
Contents
How scrutiny works in East Sussex County Council...............................................................4Scrutiny committees...............................................................................................................4Making a difference................................................................................................................4Principles of good scrutiny.....................................................................................................4
What scrutiny does......................................................................................................................5Scope of scrutiny committees...................................................................................................6Scrutiny work programmes........................................................................................................8Scrutiny reviews..........................................................................................................................8
Gathering evidence................................................................................................................9Questioning styles..................................................................................................................9
Conflicts of interests.................................................................................................................10Frequently asked questions.....................................................................................................10
How can I suggest a topic for scrutiny?................................................................................10Who can vote at scrutiny committees?.................................................................................10How much time does scrutiny involve?................................................................................10
Help and support.......................................................................................................................11Scrutiny training....................................................................................................................11
Find out more.............................................................................................................................11Useful web pages.................................................................................................................11Contact details......................................................................................................................12
Appendix 1: Scrutiny powers...................................................................................................13
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How scrutiny works in East Sussex County CouncilScrutiny is the method used by councillors, who do not sit on the Cabinet, to evaluate and make recommendations on almost any matter that affects East Sussex residents. Scrutiny works alongside the Cabinet to help make sure the Council is delivering services efficiently and effectively, and that the Council is responsive to the needs and opinions of the County’s residents and organisations.
In the wider context, public scrutiny is found in all tiers of government from Westminster to local government as well as locally where scrutiny takes place in schools, the health service, the police and other organisations. Good scrutiny is an indicator of a healthy, effective and efficient organisation.
East Sussex scrutiny has an excellent record of influencing Cabinet decisions and using evidence to draw conclusions and provide constructive challenge that ultimately improves the lives of people living and working in East Sussex. Scrutiny is seen by the Cabinet as a supportive force on issues where evidence, rather than politics, and strategic insight, rather than parochial concerns, are allowed to surface and develop into practical ideas.
Scrutiny committees The work of scrutiny in the County Council is divided between three scrutiny committees which each meet four times a year (in March, June/July, September and November) in County Hall. Two committees broadly mirror the County Council’s Cabinet portfolio responsibilities and a third, the Health Overview and Scrutiny Committee (HOSC), scrutinises health services. The current structure of the scrutiny committees was agreed by County Council in 2018.
Sitting on the scrutiny committees are:
County councillors from the different political parties in numbers broadly reflecting their political balance of the County Council as a whole. Cabinet Members may not sit on any scrutiny committee.
Co-opted members from outside the County Council sit on HOSC and the People Scrutiny Committee.
Scrutiny committee meetings usually last approximately three hours and are open to the public. Each scrutiny committee sets its own work programme and undertakes a number of scrutiny reviews during the year.
Meetings of HOSC are webcast live and recordings are available for one year on the Council’s website.
Making a differenceScrutiny’s strength lies in influencing decision makers. We aim to use an evidence based approach that leads to unanimous recommendations that ultimately stand the best chance of making a difference. Members then take those ideas to the Cabinet and Full Council to gain wider debate, endorsement and publicity.
Principles of good scrutiny There are now widely accepted principles that good scrutiny:
provides critical friend challenge to policy makers and decision makers enables the voice and concerns of the public is carried out by independent minded people who lead and own the scrutiny role drives improvement in public services.
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What scrutiny doesScrutiny has a range of powers to scrutinise and make recommendations on almost any matter affecting East Sussex or its inhabitants. There are four key roles scrutiny plays:
Policy review: where a policy or service has been identified for consideration scrutiny can conduct a detailed review and make recommendations to Cabinet before final decisions are taken. This includes scrutiny’s valuable role in the Reconciling Policy, Performance and Resources (RPPR) process – commenting on service plans and budget proposals to ensure they will support corporate and other priorities.
Policy development: Scrutiny plays a part in developing and recommending new policies, often at the request of the executive but sometimes under scrutiny Members’ own initiative.
Holding the executive to account: asking Cabinet Members or directors to attend scrutiny committees provides the opportunity for scrutiny to assess performance of services against agreed standards and, where necessary, make recommendations for improvements. As a last resort, scrutiny committees can require the Cabinet, or a Cabinet Member, to reconsider a decision not yet implemented through a process called call-in.
External scrutiny: Scrutiny of the health service by the Health Overview and Scrutiny Committee (HOSC) has been established for some time.
Appendix 1 (page 13) lists the powers available to scrutiny.
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Scope of scrutiny committees
Committee Scope
People Scrutiny Committee
Children’s Social Care: Commissioning and delivery of social care services for
children and young people Health services (exercised by the County Council) Safeguarding vulnerable children and young people Looked after children Youth development services Youth offending services
Education: Early years, childcare and extended schools services Learning and school effectiveness Inclusion support services Adult education Special Education Needs School admissions and school transport School organisation and place planning Skills (Education)
Adult Social Care: Commissioning and delivery of social care services for
adults and older people Support for carers Universal preventative and ‘signposting’ services
related to social care for adults and older people Safeguarding vulnerable adults
Public HealthCommunity Safety: including the work of the East Sussex Safer
Communities Steering GroupCrime and disorder matters (Police and Justice Act 2006)
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Committee Scope
Place Scrutiny Committee
Transport and Environment: Planning and development control Transport and highways (including Transport for the
South East) Environment Waste and minerals Rights of way and countryside management Flood and coastal erosion risk management
Economic Development and Regeneration: Economic development, skills and infrastructure Culture (including LEP)
Community Services: Archives, records and libraries Customer Services Emergency Planning Gypsies and travellers Registration Service Road safety Trading Standards
Corporate Functions Financial Management Property asset management Procurement IT & Digital Personnel and Training Procurement Legal Services Communications Member Services / Democratic Services Policy and Performance Equalities Coroner Services Voluntary sector
Health Overview and Scrutiny Committee
This committee scrutinises local health issues and services many of which are provided and commissioned through the National Health Service (NHS).
HOSC differs from the other committees in that most of its reports go directly to the NHS organisations rather than the County Council Cabinet. Further details are available from the HOSC webpages.
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Scrutiny work programmesEach scrutiny committee decides its own work programme which is published on the Council’s web pages and forms part of every scrutiny committee agenda.
Choosing the right topics where scrutiny can add real value is not always easy. Before setting up a scrutiny review we try to establish how scrutiny can make a positive difference.
Suggestions for scrutiny topics come from a variety of sources:
Members may identify a pattern of concerns in their casework and be in a good position to highlight underlying issues which could benefit from scrutiny
A department officer or Lead Member, facing particular challenges or policy changes, often ask scrutiny for its views before taking a final decision
Members of the public or other external organisations may suggest topics
If a petition or e-petition receives over 2,500 signatures, the petition organiser may present the petition to the relevant scrutiny committee (see http://petitions.eastsussex.gov.uk)
Strategic or departmental performance and risk management reports may grab the attention of scrutiny committees who then want to investigate certain points further
Councillor Call for Action is a provision whereby any Council Member may refer a local matter, which relates to their division, to the appropriate scrutiny committee if all other attempts to resolve it fail
Analysing data from complaints and satisfaction surveys can highlight concerns that could be investigated further through scrutiny.
In East Sussex there is no instant formula to decide which topics to scrutinise. The key to effective scrutiny is for Members to select topics where they can make the greatest contribution – seeking out those issues that will produce recommendations to have the greatest beneficial impact on the people of East Sussex.
The close working relationship between Members and the Member Services Team creates the best possible opportunity for scrutiny to make a positive difference.
Scrutiny reviewsOf all scrutiny activities, in-depth scrutiny reviews (sometimes called task and finish groups in other local authorities) are the projects which enable Members to make the most effective contribution to service and other improvements. That is because a scrutiny review provides the time and resources to enable solid evidence to be gathered on which good recommendations are based. Evidence-based scrutiny is important if scrutiny is to succeed in making the case for their recommendations to Cabinet and Full Council.
Scrutiny reviews vary in scope and scale. Some reviews are undertaken by review boards consisting, typically, of three or more Members nominated by the parent scrutiny committee. These can last up to nine months and end by making recommendations formally to the parent scrutiny committee, Cabinet and Full Council. At the other end of the scale, a couple of scrutiny Members could engage in a small review examining a tightly-defined issue over one or two evidence-gathering meetings. Scrutiny reviews produce the best results where the Members who sit on them have a particular interest, or even some level of previous experience, in the topic.
Where a topic cuts across the remit of two or more scrutiny committees, one scrutiny committee usually takes a lead and the review board comprises members of all the interested committees.
The steps involved in carrying out a scrutiny review include:
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Defining a manageable scope for the review and establishing the clear questions to be investigated
Gathering evidence
Where necessary engaging with: service users; members of the public; council staff; other local authorities; businesses and voluntary or other external organisations to gain their perspectives
Analysing the evidence to draw out findings; devising recommendations
Taking the final report to: the parent scrutiny committee; Cabinet; Full Council and beyond to seek agreement for taking forward scrutiny’s recommendations for change
After six and twelve months, the scrutiny committee checks the outcomes of the agreed recommendations to see whether the intended benefits have been achieved.
Gathering evidenceThe enquiry process that lies behind effective scrutiny relies predominantly upon effective questioning of witnesses. But, there are other techniques available to glean different kinds of information. In the past, scrutiny committees have undertaken:
questionnaires and surveys
mystery shopping exercises
site visits and job shadowing
documentary analysis
interviews with experts in the field
public and partner meetings
research commissioned from third parties.
Questioning stylesScrutiny practitioners need to be aware of different questioning techniques and be able to apply them in appropriate circumstances. The style varies depending whether you are, for example, holding a decision maker to account or gathering evidence from service users.
A key strength of scrutiny committees is that their members are not usually experts in the topic under discussion. This means that they can often ask simple or naïve questions which can be very effective at prompting clear explanations and cutting through jargon.
Whilst simple questions can be effective, preparation is essential. Most committee meetings include an informal pre-meeting to agree, as a minimum, the lines of enquiry to be pursued at the meeting itself. Scrutiny works best when:
the committee acts as a ‘team’, with each member supporting and following up on questioning gaps left by others
you prepare for the meeting by, at least, reading all the papers
you keep an open mind, and adopt a constructive approach
you are objective: questioning the evidence and the facts, not the individual
you clarify information that is unclear, rather than duplicating the written evidence
you use a mix of ‘open’ and ‘closed’ questions
you are thorough: keep enquiring until a satisfactory response has been received and you can see a way forward
you don’t stop short of asking the ‘clincher questions’!
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Conflicts of interestsSometimes there may be occasions when your occupation or involvement in other organisations or activities creates a conflict of interest.
All new members are asked to complete a declaration of interest form to identify any interests that could be considered to affect your impartiality.
At the start of each committee meeting, members declare any interests they might have in the items on the agenda. If you have a direct financial interest in the issue being discussed then you will be unable to take part in the discussion for that item, and you may be required to leave the room. You can declare an interest at any point in a meeting if an issue arises in which you find you have an interest.
Less critical interests simply require you to declare them but you can remain and take part in the debate. If you are unsure about the need to declare an interest please ask for guidance from the scrutiny officer before the meeting.
Frequently asked questionsHow can I suggest a topic for scrutiny?Ideas for scrutiny topics can be raised with the Senior Democratic Services Advisor or committee Chair in the first instance. The scrutiny work programme is on the agenda of every scrutiny committee meeting to enable scrutiny topics to be prioritised according to available capacity.
Who can vote at scrutiny committees?Scrutiny committees rarely need to take a formal vote because they normally reach a consensus. A unanimous view on a point or recommendation generally carries more weight than one with a dissenting minority.
All County Council Members on scrutiny committees can vote.
Co-opted members can speak on any item and contribute to ideas for recommendations and topics to scrutinise. Co-opted members on scrutiny committees cannot vote except:
People Scrutiny Committee parent governor and denominational representatives can vote on matters that are related wholly or partly to education.
HOSC co-opted Members from district and borough councils have the same voting rights as county councillors.
How much time does scrutiny involve?As a minimum you should aim to attend the four scheduled scrutiny committee meetings each year. You will be in a much better position to make an impact through scrutiny if you also:
attend any committee pre-meetings, ‘away days’, training opportunities and any site or facility visits
volunteer to take part in scrutiny review boards, especially where your experience and knowledge means you can make an effective contribution
set aside some time prior to the meetings to read the papers and prepare questions or points you wish to raise
follow up lines of enquiry between meetings.
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Help and supportYour Senior Democratic Services Advisor is a project manager, researcher and event organiser who provides guidance and support to scrutiny committees. They are your first point of contact for scrutiny related questions.
The Centre for Public Scrutiny (CfPS) is a national organisation that supports public scrutiny in all its forms. It hosts an online discussion forum and produces helpful publications available from their website: www.cfps.org.uk
Scrutiny training Induction sessions and training will be targeted to meet the specific needs of each scrutiny committee.
If at any time you feel that you need additional training, or would like an informal discussion about any aspect of scrutiny, please contact the Senior Democratic Services Advisor.
Find out more The Scrutiny function sits within Member Services in the Governance and Community Services department. It is made up of the Member Services Manager (the Statutory Scrutiny Officer), Senior Democratic Services Advisors and Democratic Services Officers. The team is responsible for managing the scrutiny process and providing support to scrutiny committees and the scrutiny projects and reviews they undertake.
Democratic Services Officers provide administrative support to scrutiny committees by organising meetings and undertaking research.
Useful web pagesEast Sussex County Council scrutiny website: www.eastsussex.gov.uk/scrutiny provides details of each of the committees’ work programmes, agenda papers, previous scrutiny review reports and more information about how scrutiny works.
Centre for Public Scrutiny website: http://www.cfps.org.uk/ provides more information about scrutiny nationally
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Contact detailsThe officer contacts for the committees are:
Scrutiny committee Senior Democratic Services Adviser
Democratic Services Officers
Place Scrutiny Committee Martin Jenks - 01273 481327 [email protected]
Simon Bailey - 01273 [email protected]
People Scrutiny Committee Stuart McKeown – 01273 [email protected]
Hannah Matthews – 01273 [email protected]
Aaron Sams – 01273 [email protected]
Health Overview and Scrutiny Committee (HOSC)
Claire Lee – 01273 [email protected]
Harvey Winder - 01273 481796, [email protected]
Audit Committee Martin Jenks - 01273 481327 [email protected]
Simon Bailey - 01273 [email protected]
Claire Lee, Member Services Manager (and Statutory Scrutiny Officer):Tel: 01273 Tel: 01273 335517Email: [email protected]
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Appendix 1: Scrutiny powers General scrutiny powers The right to investigate, make reports and recommendations on anything which is the responsibility of the executive or on matters which affect the authority’s area or the inhabitants of that area.
The power to establish joint scrutiny committees between different authorities.
The power to require attendance at a meeting of a scrutiny committee or review board of certain individuals including Lead Members, and senior officers of the authority.
The power to invite any individual to attend and give evidence at a meeting of a scrutiny committee or review board.
The power to require a relevant partner to supply information that scrutiny may reasonably require following a request in writing so long as the request relates to the functions of the partner in the authority’s area or relating to its inhabitants.
The right of access to confidential or exempt information making appropriate arrangements for privacy, de-personalisation of information etc.
Where a scrutiny committee publishes a report with recommendations it can require a response from the authority or executive indicating what action the authority or executive proposes to take.
The power to require partner organisations to “have regard” to scrutiny reports and recommendations.
Call-in: Scrutiny committees can recommend that a decision is reconsidered, or that it be implemented, through a process known as call-in.
Councillor Call for Action: Any member of the authority can request the appropriate scrutiny committee to consider a particular issue. Exclusions apply including: individual planning and licensing decisions, decisions affecting individuals who have a right of appeal, or any matter that is “vexatious, discriminatory or not reasonable”.
Petitions: Scrutiny committees are asked to consider a public petition that has acquired a minimum of 2,500 signatories. The relevant senior officer will give evidence. See the Petitions Scheme for more information.
Health scrutiny (undertaken by HOSC): Specific powers to:
require attendance of officers of NHS bodies to provide information.
consider and comment on proposals for substantial developments or variations to health service by NHS bodies. Requirement to establish a joint committee if the variations applies to more than one upper tier authority area.
refer a matter to the Secretary of State for Health where scrutiny considers that consultation on a substantial variation, or the reasons for an exception to the consultation, are inadequate; or where they consider that the proposals are not to be in the best interests of local health services. There are limits to this power in certain circumstances.
Crime and disorder scrutiny (undertaken by Adult Social Care and Community Safety Scrutiny Committee): specific powers to consider reports and make recommendations on crime and disorder and to require recipients of its recommendations to have regard to them in exercising their functions.
Flood risk management (undertaken by the Economy, Transport and Environment Scrutiny Committee): specific powers to review and scrutinise flood risk management and erosion plans and functions.
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