Scrutiny Committee Structures in the East Midlands

Contributions from

• Amber Valley Borough Council • Bassetlaw District Council • Blaby District Council • Bolsover District Council • Chesterfield Borough Council • Corby Borough Council • Derby City Council • Derbyshire County Council • Derbyshire Dales District Council • Erewash Borough Council • Gedling Borough Council • Harborough District Council • High Peak Borough Council • Hinckley and Bosworth Borough Council • Lincolnshire County Council • Newark and Sherwood District Council • Northampton Borough Council • North Kesteven District Council • Oadby and Wigston Borough Council • Wellingborough Borough Council

Local Government East Midlands February 2008

Amber Valley Borough Council

Amber Valley scrutiny structure

• AVBC has one scrutiny committee; • The committee sets its own work plan each year; • Sub­committees are used for some reviews, as appropriate; • Any 1 member can request a call­in of a cabinet decision; • A provision is in place for residents or local groups to request that the scrutiny

committee carry out a review

Contact – Carol Hague Carol.hague@ambervalley.gov.uk

Bassetlaw District Council Also see attached diagram

At Bassetlaw District Council there are two Scrutiny Committees: the Performance Improvement Scrutiny Committee (PISC), which monitors and scrutinises the performance of the Council and monitors Best Practice Reviews. The other is the Overview and Scrutiny Committee (OSC), which deals with all other scrutiny related issues, including allocating Scrutiny reviews to its five Select Panels, monitoring progress on the Work Programme and considering call­ins.

There are four scrutiny Select Panels and a Health Panel that sit under the Overview and Scrutiny Committee. In the past the Health Panel has mainly investigated changes in provision by health providers in Bassetlaw. For example, proposals for restructuring the Primary Care Trust in Bassetlaw, and the centralisation of cancer services in South Yorkshire and how this would impact upon patients from Bassetlaw making use of those services. The Health Panel also respond annually to the Primary Care Trust’s Statement of Core Standards – Annual Health Check. The Health Panel can undertake reviews, for example, in 2005/06 Members investigated the quality of care homes for older people in the Bassetlaw District and in 2006/07 the Health Panel reviewed NHS Dentistry Provision in the District.

The four scrutiny Select Panels undertake ad hoc reviews as allocated by the Overview and Scrutiny Committee. Each Panel undertakes one review on any topic of importance to the District and its residents. Once completed, the Chair of the Select Panel will report the findings to the Overview and Scrutiny Committee, who will then pass the research to Cabinet. The Overview and Scrutiny Committee will then allocate a new topic to the Select Panel.

Contact ­ Esther Watt Esther.watt@bassetlaw.gov.uk

Blaby District Council

In March 2007 Blaby District Council Scrutiny undertook an evaluation exercise and used the Centre for Public Scrutiny Self Assessment Toolkit, supported by an IDEA principle consultant and a Peer Member.

This exercise culminated in a change to bring about a more flexible approach for the delivery of scrutiny reviews. A Scrutiny Commission of 18 Members remains but we moved from having 3 Member elected Scrutiny Panel’s, aligned to Cabinet Portfolio’s, to assigning prioritized work prog items to ‘review specific’ Working Groups. Working Groups are made up of between 5­8 Members. Four were established to undertake 07/08 priority work but depending on the type of review required this could be more. As each one finishes we inform Members of the next work item and they are asked to nominate themselves to the Working Group. Self nomination harnesses review interest/experience/expertise.

I have included our short guide to Scrutiny which was produced following this evaluation exercise and provides the structure on p7, 8 & 9 . http://www.blaby.gov.uk/ccm/navigation/council­government­democracy/the­ council/decision­making/scrutiny/

Contact – Linda McBean lm@blaby.gov.uk

Scrutiny structure at Bolsover District Council

The Executive (9) The Leader

And Cabinet Members for :

Corporate Efficiency

Customer Services

People and Performance

Environment

Regeneration

Social Inclusion

Housing Management

Community Safety

The Scrutiny Committee (28)

Chair of Scrutiny Vice­Chairs of Scrutiny

All non­executive Councillors

The Policy and Performance Management Groups PPMG 1

Corporate Efficiency

Chair + 6 councillors

PPMG 2

Customer Services

People and Performance

Chair + 6 councillors

PPMG 3

Environment

Regeneration

Chair + 6 councillors

PPMG 4 Social Inclusion

Housing management

Community Safety

Chair + 6 councillors

The Scrutiny Committee

There is one Committee which will collectively agree the annual work programme, scope of reviews, review reports, agree recommendations and deal with exceptions raised. The Committee make recommendations to the Executive and sometimes Council as well as monitoring decisions made by the Executive. The Policy and Performance Management Groups Each group has the responsibility for scrutinising the Council’s performance in respect of the specific Corporate Aims as well as scrutiny reviews within that remit which may also include other reviews that are of benefit to the community.

Contact ­ Bernadette ODonnell Bernadette.ODonnell@bolsover.gov.uk

CHESTERFIELD BOROUGH COUNCIL – SCRUTINY STRUCTURE

Supported by 1 FT Scrutiny Officer OSCs (only) receive Democratic Services Support for Agenda and Minutes

Contact – Anita Cunningham Anita.cunningham@chesterfield.gov.uk

Scrutiny Board (OSC) (12 Members ­ Majority Group Chair / Minority Group Vice Chair)

Efficiency and Best Value Scrutiny Panel (OSC) (8 Members – Majority Group Chair and Vice Chair)

Covers all Portfolios (below) and External Scrutiny

Economic and Community Regeneration Community Safety and Community Issues Sustainability and Environmental Health Communities and Leisure Homes and Neighbourhoods Planning and Asset Management Customer and Corporate Services Performance Improvement

Ø Agrees Scrutiny Board Work Programme; Ø Call­In Ø Policy development; Ø Finance and Performance Scrutiny; Ø CCfA (when introduced)

Ø Appoints Scrutiny Review Panels:

Covers all Portfolios

Monitors and makes recommendations on :­

Ø Targets and improvement plans; Ø Efficiency reviews; Ø All aspects of Best Value; Ø Comprehensive Review 07 and efficiency

agenda; Ø Shared services (where they impact on

efficiency) Ø Option appraisals

Scrutiny Review Panels

Time and remit limited scrutiny review work; All Non Executive Members involved;

Derbyshire County Council

Scrutiny at Derbyshire County Council:

v Derbyshire County Council is currently undertaking a review of the Scrutiny function. The review is looking at the existing structure and is considering how and whether Scrutiny needs to be amended to accommodate the new legislative requirements.

v Currently Derbyshire County Council operates four Improvement and Scrutiny Committees that between them scrutinise the various Cabinet portfolios and health requirements. The Committees are as follows:

­ Resources ­ Healthier Communities ­ Services for Children ­ Safe and Sustainable Communities

v Each Improvement and Scrutiny Committee is managed by an Improvement and Scrutiny Officer, one of whom is the Improvement and Scrutiny Manager. The Improvement and Scrutiny Team are located within the Chief Executive’s Department.

v Chairs and Vice­Chairs meet to discuss cross cutting issues. All Chairs and Vice­Chairs are from the majority group.

v Each Improvement and Scrutiny Committee sets its own work programme and the reviews are conducted through working groups comprising Members of the Committee. The working group reports back findings to the Improvement and Scrutiny Committee for approval.

v If review reports are approved by the Improvement and Scrutiny Committee then they are generally presented by the Chair to Cabinet. This may vary slightly if it is a review looking at health issues where responsibility may lie with an external organisation.

v Each Improvement and Scrutiny Committee has responsibility for performance management and reviews on a six monthly basis the implementation of Improvement and Scrutiny Committee recommendations.

Contact – Mark Pirnie Mark.pirnie@derbyshire.gov.uk

Derby City Council

Although most names/portfolios have changed over time, Derby has consistently had five or six Overview and Scrutiny Commissions with similar roles since executive arrangements were adopted in December 2001. The Scrutiny Management Commission, SMC, has its own portfolio of responsibilities as well as a co­ordinating role for the O&S function.

Each of the Overview and Scrutiny Commissions is responsible for both:

1. Carrying out policy development and review. This involves research and consultation on the development of policy options. The outcome of this process will be recommendations that are aimed at developing and improving Council policies.

2. Scrutinising and reviewing the decisions and performance of Council Cabinet and Council officers. This may also involve research and consultation and will lead to recommendations based on the outcome of the scrutiny process.

A characteristic of Derby’s O&S bodies is having scheduled multi­item official meetings but with reviews usually conducted at separate informal meetings with the final report validated at a scheduled meeting. These informal meetings are open to all commission members but attended by a smaller number of available and interested members. Votes are not held and issues of PR do not arise. They are open to the public but avoid the ‘officialdom’ of the Access to Information rules; they are supported by an O&S co­ ordination officer but not Constitutional Services.

These arrangements mean there is little need to designate distinct task­and­finish group. When activity has been carried out on a task­and­finish basis, those have been a sub­group of a commission rather than a distinct body appointed by the Council or SMC. This ‘laminated’ model also means there is no separate Cabinet Scrutiny Commission. Any call­in is also considered by the relevant commission unless the issue straddles two or more when the SMC can hear the matter.

Contact – Rob Davison or Mahroof Hussain Rob.davison@derby.gov.uk

Mahroof.hussain@derby.gov.uk

Figure 1. Overview and Scrutiny Structure 2007/08

Scrutiny Management Commission

Adult Services and Health Commission

Children and Young People Commission

Corporate Parenting Sub Commission

Planning and Transportation Commission

Climate Change Commission

Community Commission

Derbyshire Dales District Council See attached document

Contact – Ros Hession Ros.hession@derbyshiredales.gov.uk

Erewash Borough Council Report of the Scrutiny Manager, Carl McDonagh to the Joint Meeting of the External Affairs and Service Effectiveness Scrutiny Committees on the 17 January 2008.

TO ESTABLISH AN OVERVIEW AND SCRUTINY COMMITTEE AND TWO GENERIC SCRUTINY SUB­ COMMITTEES

1 Purpose of Report

1.1 To consult with members of the Scrutiny Committees on a revised option for a future scrutiny structure.

2 Recommendations

(a) To replace the existing Scrutiny Committees with two generic Scrutiny Sub­Committees and (b) To introduce a constituted and a politically balanced Overview and Scrutiny Committee.

Note: In preparing this report due regard has been had to equality of opportunity, human rights, prevention of crime and disorder, environmental, efficiency, risk management and health considerations as appropriate. Relevant officers have been consulted in relation to any legal, financial, personnel or property implications and comments received are reflected in the report.

3 Information, Issues and Options

3.1 Erewash Borough Council has two Scrutiny Committees, one with an internal focus, Service Effectiveness Scrutiny Committee and one with an external focus, External Affairs Scrutiny Committee. This structure has been in place since 2004 and replaced a four Panel structure. There has been a view shared by some Members and Officers that the workload of the two Scrutiny Committees is unevenly balanced and needs direction and overview.

3.2 The Service Effectiveness agenda is dominated by corporate issues such as Performance Monitoring and Improvement, Best Value and Service Plan monitoring. This leads to long complex agendas with a lot of technical information. This does not always allow the Committee to focus on specific issues and also restricts its capacity to set a work programme that best serves the needs of the Council and the Community. The Committee also meets quarterly as the Council’s Audit Committee which adds to its already heavy work programme.

3.3 The External Affairs Scrutiny Committee has greater capacity and therefore more flexibility in setting its work programme and has played a key role in strengthening links with our Partners and engaging the public in its reviews. However the Committee’s terms of reference restrict it from becoming involved in internal issues leading to the imbalance of workload and also limiting Members experience in scrutiny

3.4 The Scrutiny Committees do meet jointly on cross cutting issues but these tend to be ‘one meeting’ reviews and prevent the Committees from looking into the issues in detail

3.5 An Overview and Scrutiny Committee structure should be designed to: • Contribute to policy development and review • Hold the Executive to account by scrutinising its decisions • Look at other matters that affect the residents and issues of local concern

3.6 There is no one standard model but one model that is widely used is the generic scrutiny model. Members may prefer a generic model in terms of allocating reviews from the work programme but also divide up subjects. This would effectively remove the current internal/external split and allow all Scrutiny Members greater flexibility in looking at subjects to review or scrutinise.

3.7 The Scrutiny Committees considered a report in April 2007 containing the above issues, and supported the Scrutiny Chairman’s Group proposals to create an Overarching Overview and Scrutiny Committee which then appointed two generic Sub­Committees, with the proviso that it be reviewed in 12 months.

3.8 Following the May 2007 elections, the new Chairmen and Vice Chairmen felt that the proposals to change the structure should be deferred mainly because of the number of new scrutiny members and also the Council Executive’s view that the matter should be deferred until Central Government guidance was issued on the pending Local Government and Public Involvement in Health Act.

3.9 When the new Chairmen reported this to scrutiny, some concern was expressed and the Scrutiny Chairmen agreed to look at other options.

3.10 The Scrutiny Chairman’s Group is now recommending that the existing structure be replaced with two generic Scrutiny Sub­committees and the Scrutiny Chairman’s Group be replaced with a constituted and politically balanced Overview and Scrutiny Committee to direct the work of Scrutiny. The Overview and Scrutiny Committee would direct and monitor the work programme of the Sub­committees and scrutinise the performance management of the Council.

3.11 The Constitution would need to be amended to provide for an Overview and Scrutiny Committee and 2 Scrutiny Sub­committees. It is suggested that the General Purposes Committee consider the constitutional amendments in detail.

3.12 The Police and Justice Act 2006 and the Local Government and Public Involvement in Health Act 2007 both refer to new roles for scrutiny. What was formerly known as the Community Call for Action, operating under different rules depending on the nature of the "call", has now been rationalised as one, more simple policy in the Councillor Call for Action.

3.13 Essentially, it enables any Member of the Council to refer to an overview and scrutiny committee a “local government matter” which falls within the committee’s remit. This can be done regardless of whether that Member is on the committee or not.

3.14 It is difficult to anticipate at this stage how ‘Councillor Call for Action’ will impact on the workload of scrutiny but this is a key tool for Members to demonstrate their Community Leadership role.

3.15 Referral to Scrutiny should be seen as the last resort, as it is anticipated that the Ward Member will resolve the issues with Council staff and Partners to the satisfaction of the resident at an earlier stage.

3.16 Subject to Sir Ronnie Flanagan’s Review of Policing, new roles for scrutiny in relation to Crime and Disorder Reduction Partnerships (CDRP) will be set out in the Police and Justice Act 2006. The scrutiny structure will possibly need to consider and identify responsibilities for scrutinising the CDRP in the future. There does not need to be a specific Committee for this but it would prudent to give this responsibility to the proposed Overview and Scrutiny Committee. The Local Government and Public Involvement Act also sets out duties to scrutinise other Partners, for example those involved in the Local Strategic Partnership, so again the structure should reflect this.

3.17 The General Purposes Committee will also be receiving a report on future proposals for the Council’s Audit Committee based on CIPFA guidelines so this may have an effect on whether or not this Committee sits within the future structure.

3.18 The Service Effectiveness Scrutiny Committee (meeting as the Councils Audit Committee) on the 5 December 2007 considered proposals for the Council’s Audit Committee based on CIPFA guidelines and recommended to the General Purposes Committee to appoint an independent Audit Committee with representation from non elected interest groups and expert members.

4 Risk and Financial Implications

4.1 The risk of not reviewing the structure of scrutiny may impact on the Council’s ability to demonstrate open and fair decision making.

4.2 A significant increase in workload, for example through ‘Councillor Call for Action’ or through scrutinising Partners, will require additional staffing resources and an increased budget for scrutiny support and research.

5 Legal Implications

5.1 The Scrutiny function at Erewash Borough Council needs to comply with the requirements of existing legislation (Local Government Act 2000) and the future legal requirements of the Local Government and Public Involvement in Health Act 2007 and the relevant sections of the Police and Justice Act 2006.

5.2 Any material change to the structure of the Scrutiny Committees will have to be approved by Council and the Council’s Constitution would have to be revised.

6 Personnel Implications

6.1 An increase in the workload of Scrutiny would require an increase in staffing resources to support the function in terms of administration and research.

7 Alignment to Council Priorities

7.1 An effective Scrutiny Function supports all of the Council’s Priorities as it will have the capacity to scrutinise and make recommendations on all areas of the Council’s and Partners service delivery with the aim of service improvement.

Background Papers ­ Report of the Scrutiny Chairmen to the Service Effectiveness Scrutiny Committee and the External Affairs Scrutiny Committee – August 2007

Contact Officer Carl McDonagh – Scrutiny Manager, Telephone ­ 0845 9072244 ext 3574, e­mail­ carl.mcdonagh@erewash.gov.uk

Key Decision Status (Executive decisions only) Not applicable

Appendices – None

Contact ­ Carl McDonagh Carl.mcdonagh@erewash.giv.uk

Gedling Borough Council

Scrutiny at Gedling Borough Council is structured/organised through two Scrutiny Committees­

Policy Review

Dealing with wider service or policy issues in working groups. Whilst the Committee will determine an overall work programme, each working group will be informed by the topic that the group wishes to review and any progress made will be reported regularly to the main Committee. This Committee will also deal with with the call in of decisions as requested.

Performance Review Scrutiny Committee

Addressing issues around performance management both by receiving the quarterly monitoring reports and a rolling programme of challenge to the Portfolio Holder and relevant Head of Service. The Performance Review Committee can set up working groups to look at particular performance indicators or key tasks detailed within the quarterly monitoring reports.

Policy Review Scrutiny Committee update­

Members are currently looking at Fly tipping, Christmas Lights, Homelessness and the Council's Summer Service Weekly Collection of Domestic Waste

Performance Review Scrutiny Committee update­

Members are currently looking at Sickness Performance Indicators, Finance and IT Performance Indicators and posing questions for the Leisure Services Portfolio Holder

Contact – Tracy Lack Tracy.lack@gedling.gov.uk

Harborough District Council

HDC has 3 Scrutiny Panels; Resources, Policy, and Services. These meet once a month. It also has a Scrutiny Commission which meets twice a year. Additional Panel or Commission meetings are called if necessary.

The work of the Panels is set out in advance as detailed in a 6 monthly workplan which is presented to Commission for approval.

A review is currently underway of how these Panels function, and proposals will be presented later this year based on the outcomes of this review. Constitutional changes are being prepared to reflect the new “Councillor Call For Action” requirements.

Attendance at the Panels usually consists of the Panel members (7­8), any officer presenting a report, the scrutiny officer, and any external partners or stakeholders invited to attend. Head of Service and Portfolio Holders will attend as appropriate (e.g. annual budget).

There is a full­time Scrutiny Research & Equalities Officer who supports the work of the Panels and Commission.

Contact – Jake Atkinson J.atkinson@harborough.gov.uk

High Peak Borough Council

Overview and Scrutiny function in High Peak Borough Council

Under the terms of the Council Constitution, there are four Select (Overview and Scrutiny) Committees shadowing the work of six Executive Members and the Executive as a whole.

Portfolio Select Committee

Leader of the Council Corporate Services

Performance Improvement Corporate

Environment Environment Economic Regeneration Regeneration

Community and Social Development Social Inclusion and Community

Each Select Committee is made up of twelve non­Executive Councillors appointed to reflect the overall political makeup of the Council.

Whilst the primary role of Overview and Scrutiny committees is to scrutinise and oversee the work of the Executive and Council policies and services as a whole, they also have a role – albeit limited – in scrutinising other public bodies.

The Corporate Select Committee acts as co­ordinator of the overall Work Programmes of the Select Committees. Within that principle, each Select Committee is responsible for setting its own work programme and in doing so takes into account the wishes of members of that committee who are not members of the controlling group on the Council

A Select Committee may appoint a Sub­Committee of not less than three members and not more than five members (who do not have to be members of the Select Committee itself) to examine any issue in more depth. A Select Committee shall not have more than one Sub­Committee in being at any one time with a maximum of two being established in any year. One additional Sub­Committee (in total across all Select Committees) may be appointed where there is an urgent and proven need. A joint Sub­Committee may be appointed to deal with issues concerning more than one Select Committee. Additional appointments to Committee/Sub­Committees can be made in an advisory capacity as required.

Contact – Helen Gale heleng@highpeak.gov.uk

How Scrutiny Operates at Lincolnshire County Council

Lincolnshire County Council has developed an overview and scrutiny structure which is explained in the diagram below:

The Scrutiny Management Committee oversees the whole scrutiny system. The three Scrutiny Panels are aligned to the work of the Council’s service directorates for Children’s Services, Communities and Development. The Panels meet formally eight times a year but much work goes on outside these meetings including Task Group working where councillors consider specific review issues in detail and produce a report with recommendations for consideration by the Council’s Executive or a particular Executive Councillor and/or by partner organisations.

The Council is also the responsible authority for the Health Scrutiny Committee for Lincolnshire (HSC) which monitors the work of health partners in the County and meets monthly. The HSC is made up of not only County councillors but also District councillors and representatives from the health sector (PPIFs).

In addition, the council has eleven Policy Development Groups which assist the Executive Councillors in their decision­making and outcomes of their work are reported into the Scrutiny Management Committee. There is also a Policy, Performance and Resources Committee that has the lead role in performance management monitoring within the council.

Contact – David Hair DavidR.Hair@lincolnshire.gov.uk

SCRUTINY MANAGEMENT COMMITTEE

23 Councillors + 6 Added Members

Children’s Services Scrutiny

Panel

23 Councillors +

6 Added members

Communities Scrutiny Panel

15 Councillors

Development Scrutiny Panel

15 Councillors

Health Scrutiny Committee for Lincolnshire

8 Councillors + 10 Other Voting Members

Newark and Sherwood

Newark and Sherwood is undertaking a self­evaluation of its overview and scrutiny function.

A councillor led task and finish group has completed the Centre for Public Scrutiny's self­assessment framework and will be making recommendations to Cabinet in March 2008.

We have 3 overview and scrutiny committees which cover the Cabinet portfolios. There are ad hoc meetings between the chairs/vice chairs of the committees with Cabinet to discuss improvements and coordination of workload.

Each O&S committee is supported by a strategic director. Agenda planning meetings occur prior to each committee.

A dedicated officer supporting the O&S committees was in place but, following a vacancy and challenging financial context, the post is likely to be deleted as a budget saving.

Both officers and councillors are considering supporting O&S activities with a revised approach. This involves undertaking fewer but more indepth scrutiny projects throughout the year. Under the proposals each project would be led by a middle manager drafted from our newly formed Middle Managers Forum. They may be assigned to support the councillors on an issue that is not normally within their professional remit in order to broaden their understanding of issues affecting the council (personal development) and provide a fresh approach to the subject being reviewed. A director would also provide coaching, mentoring and oversight in order to minimise abortive work and misinformation.

I am more than happy to share the self­evaluation should it be of interest to network members.

My councillors are eager to visit other councils to observe and learn from their approach to overview and scrutiny. A group of six councillors visited Staffordshire Moorlands last year and it helped them to challenge our approach. We are also more than happy to host other study visits.

• I wonder whether any of the network members may be willing to showcase their approach?

Contact – Ged Greaves Ged.greaves@sdc.gov.uk

Northampton Borough Council – Overview and Scrutiny Summary

Overview and Scrutiny Management Committee Co­ordinating O&S work plans, allocation of resources

Management Committee

(O&S Chairs and Deputies – 6 members)

Overview and Scrutiny Committee One

Partnerships, Regeneration, Community Safety & Engagement

Overview and Scrutiny Committee Two

Housing and Environment

Overview and Scrutiny Committee Three

Improvement, Performance and Finance Committees (9 members)

o Historic Buildings o Councillor Call for Action o Alcohol Related Violence

(Joint review with NCC) o Voluntary Sector

Funding/Partnerships o Community Engagement o Regeneration ­ Assessing the

costs of consultants o Work surrounding

Northampton Safer o Stronger Communities

Partnership

o Billing Waste Water Treatment Works Working Party

o Private Sector Housing Strategy Appreciative Enquiry (Joint with 3)

o Review of parks and grounds maintenance

o The robustness of housing allocations and the quality of tenants’ accommodation and approved landlords

o Registered social landlords o Tenancy occupation and

subletting

o Monitoring & Budget Programme o Private Sector Housing Strategy

Appreciative Enquiry (Joint with 2)

o Carbon neutral services o Performance of housing repairs

Task and Finish/ Working Party/

Appreciative Inquiry (3­4 members)

2 FT Overview & Scrutiny Officers

Full support, including minutes, agenda dispatch, research, briefings, reports

• Committees create a task and finish work programme – leaving the committee to receive performance reports & ad hoc items such as Post Offices

Contact – Ben Bix bbix@northampton.gov.uk

OVERVIEW AND SCRUTINY STRUCTURE AT NORTH KESTEVEN DISTRICT COUNCIL

Council vision: 100 flourishing communities

3 Strategic objectives:

A good quality of life A thriving and prosperous A clean, green and safe for all residents economy environment

Contact ­ hELHELE

Local Community Overview &

Scrutiny Panel

13 Members Political balance Ch: administration V­Ch: opposition

Local Economy Overview &

Scrutiny Panel

13 Members Political balance Ch: opposition

V­Ch: administration

13 Members Political balance Ch: opposition

V­Ch: administration

Local Environment Overview &

Scrutiny Panel

Task and Finish Groups

3­5 Members Political balance

desirable

Task and Finish Groups

3­5 Members Political balance

desirable

Task and Finish Groups

3­5 Members Political balance

desirable

Scrutiny Forum All Chairmen and Vice­ Chairman Informal meeting, 4 times a year

Executive & Scrutiny Liaison All Chairmen and Vice­ Chairman and Executive Members Informal meeting, 4 times a year

Contact – Helen Bayne Helen_bayne@n­kesteven.gov.uk

Oadby & Wigston Borough Council

Overview Panel

7 To perform the Overview role in relation to:

all the functions of the Council and its partners and local agencies in the provision of lifelong learning opportunities; all matters affecting the provision of social housing in the Borough, including matters related to homelessness, and relationships with providers and regulatory bodies; all matters relating to the improvement and/or regeneration of social and private sector housing stock; relevant functions of the Council relating to people­focussed services at neighbourhood level, including community safety matters within Crime and Disorder arrangements; relevant social policy matters with an aim to promoting social justice, social inclusion and racial harmony including relevant partnership activity; all matters relevant to the Council's role and responsibilities in relation to voluntary organisations and community groups, including grant support., and strategic policy initiatives for environment, leisure and contracted services all matters related to economic inclusion and the combating of poverty in the Borough, including the Council’s related partnership activity; strategic policy, initiatives and priorities for improvements to the Borough, including highways and transport infrastructure and the physical environment; strategic policy relating to the Unitary Development Plan and national and regional planning issues affecting the Borough; all strategies and initiatives affecting the built and natural environment of the Borough, including all matters relating to waste disposal, nuisance, pollution and energy efficiency; relevant matters within the Community Strategy. Review selected decisions of the youth, community and Environment Policy Committees and other groups reporting to these Committees. Monitor the implementation of decisions of the youth, Community and Environment Committees and other groups reporting to these Committees. Take over the responsibility of the former contracts monitoring sub committee and develop a performance review system for all the functions under the Overview of this Committee. Suggest areas which require review within the remit of the Environment, Community and youth Committees and carry out work to make recommendations to those Committees. Undertake tasks as allocated from time to time concerning the functions within the remit of the Environment, Community and youth Committees as requested by those Committees. Monitor the decisions and effects of quangos outside of the Council’s control, on the residents of the Borough, for example, Health Trusts, PCGs, and the Health Authority. to assist the Council in the development of the Council’s annual budget and to review and scrutinise the Council’s performance in relation to budgetary management; to assist the Council in the development of a budget strategy; to review the management of resources made available to the Council and to scrutinise its financial management, property and asset acquisition and disposal, and capital programme; promote procedures which ensure proper custodianship of Council finances, making recommendations to the Council for best financial practice across the Council; to review the operation of the Council's financial regulations making proposals to the Council for their development; to receive reports from the District Auditor, and the Council's internal auditor making suggestions for improvement in practice to Council as required as a result of those reports. monitoring and assessing quality of service across the Council; reviewing information from satisfaction surveys; identifying and promoting best practice in relation to service delivery; co­ordinating and publishing information on service performance; receiving reports on quality and service from the Officers and Committees and recommending improvements as appropriate; recommendations to the executive for matters to be included in the annual best value performance plan, and/or best value reviews to be conducted; reviewing and reporting on the Council’s performance against the best value performance plan;

such matters relevant to the Council’s role in the Community Strategy to promote the economic, social and environmental well being of the area; the Council’s best value performance and review of good governance of the Council Review selected decisions of the Policy and Resources Committee and the Economic development Committee and any ad hoc and working groups reporting it. strategic policy, initiatives and priorities for urban redevelopment and other means of achieving economic development and the setting of priorities for industrial and economic development in the Borough through various Council, Government and European programmes; strategic policy, initiatives and priorities for creating employment and the provision of support for business in the Borough, including the work of partner organisations contributing to these objectives; the promotion, publicity and marketing of the Borough Locally, regionally and nationally; Suggest and initiate Policy development relevant to the functions of the Policy and Resources, and Economic Development Committees, carrying out preparatory work as necessary. Co­ordinate Best Value Reviews. Review and assess the impact of the Council’s Policies on residents of the Borough and other stakeholders. Monitor the implementation of decisions of the Policy and Resources Committee and the Economic Development Committee. Monitor overall performance levels in relation to services within the remit of the policy and Resources, and Economic Development Committees with a view to assisting improvement. Receive and monitor the implementation of recommendations of internal and external audit reports.

Overview Panel Procedure Rules

1. WHAT WILL BE THE NUMBER AND ARRANGEMENTS FOR OVERVIEW PANELS? The Council will have one Overview Panel set out in Article 6 and will appoint to them as it considers appropriate from time to time. Such Panels may appoint Sub­Panels or task groups. Overview Panels may also be appointed for a fixed period, on the expiry of which they shall cease to exist.

2. MEMBERS OF OVERVIEW PANELS All Councillors may be members of a Overview Panel from time to time. However, no member may be involved in scrutinising a decision which he/she has been directly involved.

3. CO­OPTEES

Overview Panels and any Sub­Panels or working parties or groups set up by Overview Panels shall not co­opt persons who are not Councillors but may invite representatives from any body or organisation or any individual to attend meetings to give their views.

4. MEETINGS OF THE OVERVIEW PANELS

There shall be at least 5 ordinary meetings of each Overview Panel in each year. In addition, extraordinary meetings may be called from time to time as and when appropriate. The Chairman of the relevant Overview Panel may call a Overview Panel meeting, by 3 members of the Panel or by the Chief Executive if he/she considers it necessary or appropriate.

5. QUORUM

(a) If during any meeting the Chair, after counting the number of Members present, declares that there is not a quorum present, the meeting shall stand adjourned. The consideration of any business not transacted shall be adjourned to a time fixed by the Chair at the time the meeting is adjourned or, if he does not fix a time, to the next ordinary meeting of the Council, Committee or Panel as the case may be.

(b) The quorum for any meeting shall be set at one quarter of all Members who have the right to vote at that meeting, provided that no business shall be transacted at any meeting if less than three persons entitled to vote are present.

6. WHO CHAIRS OVERVIEW PANEL MEETINGS

The Chairman and Vice­Chairman of the Overview Panels/Sub­Panels will be drawn from among the Councillors sitting on the Panels/Sub­Panels, and subject to this requirement the Panel­Sub­Panel may appoint such a person as it considers appropriate as Chairman or Vice­Chairman. The Chairman or other person presiding, in the event of a voting tie, shall have a second or casting vote. The composition of panels and sub panels will be determined at the AGM each year.

7. WORK PROGRAMME

The Overview Panel/Sub­Panels will be responsible for setting their own work programme and in doing so they shall take into account wishes of all members of that Panel.

Any member of the Council may give written notice to the Chief Executive that he or she wishes an item to be included on the agenda of the relevant Overview Panel. If the Chief Executive receives such a notification, then he/she will include the item on the first available agenda of the relevant Overview Panel for consideration by the Panel.

The Overview Panels shall also respond, as soon as their work programme permits, to requests from the Council to review particular areas of Council activity. Where they do so, the Overview Panel shall report their findings and any recommendations back to the Council. The Council shall consider the report of the Overview Panel as soon as reasonably practicable after receiving it.

8. POLICY REVIEW AND DEVELOPMENT

(a) The role of the Overview Panels in relation to the development of the Council’s budget and policy framework is set out in detail in the Budget and Policy Framework Procedure Rules.

(b) In relation to the development of the Council’s approach to other matters not forming part of its policy and the budget framework, Overview Panels or Sub­Panels may make proposals to policy committees for developments in so far as they relate to matters within their terms of reference.

(c) Overview Panels may hold enquiries and investigate the available options for future direction in policy development and may appoint advisers and assessors to assist them in the process. They may go on site visits, conduct public surveys, hold public meetings, commission research to do all other things that they reasonably consider necessary to inform their deliberations.

9. REPORTS FROM OVERVIEW PANELS

(a) Once it has formed recommendations on proposals for development, the Overview Panel will prepared a formal report and submit it to the Chief Executive for consideration by the Policy Committee (if the proposals are consistent with the existing budgetary and policy framework), or to the Council as appropriate (e.g. if the recommendation would require a departure from, or a change to, the agreed budget and policy framework).

(b) If a Overview Panel cannot agree on one single final report to the Council or the relevant policy committee as appropriate, one or more minority reports may be prepared and submitted for consideration by the Council or policy committee with the majority report.

(c) The Council or policy committee shall consider the report of the Overview Panel as soon as reasonably practicable.

10. MAKING SURE THAT OVERVIEW REPORTS FROM OVERVIEW PANELS ARE CONSIDERED BY THE RELEVANT POLICY COMMITTEE

(a) The agenda for a policy Committee meeting shall include an item entitled “Issues arising from Overview Panels”. The reports of Overview Panels referred to the policy committee shall be included at this point in the agenda (unless they have been considered in the context of the policy committee’s deliberations on a substantive item on the agenda) within two months of the Overview Panel completing its report/recommendations.

(b) Once an Overview Panel has completed its deliberations on any matter it will forward a copy of its final report to the Chief Executive who will allocate it to the Council for consideration, according to whether the

contents of the report would have implications for the Council'’ budget and policy framework. If the Chief Executive refers the matter to Council, he/she will also serve a copy on the Leader with notice that the matter is to be referred to Council. The Policy Committee will have 3 weeks in which to respond to the Overview report, and the Council shall not consider it within that period. When the Council does meet to consider any referral from Overview Panel on a matter which would impact on the budget and policy framework, it shall also consider the response of the Policy Committee to the Overview Panel proposals.

11. RIGHTS OF OVERVIEW PANEL MEMBERS TO DOCUMENTS (a) In addition to their rights as Councillors, members of Overview Panels have the additional right to

documents, and to notice of meetings as set out in the Access to Information procedure Rules in Part 4 of this Constitution.

(b) Nothing in this paragraph prevents more detailed liaison between the relevant Policy Committee as appropriate depending on the particular matter under consideration.

12. MEMBERS AND OFFICERS GIVING ACCOUNT (a) Any Overview Panel or Sub­Panel may scrutinise and review decisions made or actions taken in

connection with the discharge of any Council functions. As well as reviewing documentation, in fulfilling the Overview role, it may require the Chairman of a Policy Committee,, the Head of Paid Service and/or any Chief Officer or Deputy Chief Officer to attend before it to explain in relation to matters within their remit:

(i) any particular decision or series of decisions;

(ii) the extent to which the actions taken implement Council policy; and/or

(iii) their performance

and it is the duty of those persons to attend if so required.

(b) Where any member or officer is required to attend a Overview Panel under this provision, the Chairman of that committee will inform the Proper Officer. The Proper Officer shall inform the member or officer in writing giving at least [7] working days notice of the meeting at which he/she is required to attend. The notice will state the nature of the item on which he/she is required to attend to give account and whether any papers are required to be produced for the committee. Where the account to be given to the committee will require the production of a report, then the member or officer concerned will be given sufficient notice to allow for preparation of that documentation.

(c) Where, in exceptional circumstances, the member or officer is unable to attend on the required date, then the Overview Panel shall in consultation with the member or officer arrange an alternative date for attendance.

13. ATTENDANCE BY OTHERS An Overview Panel may invite people other than those people referred to in paragraph 14 above to address it, discuss issues of local concern and/or answer questions. It may for example wish to hear from residents, stakeholders and members and officers in other parts of the public sector and shall invite such people to attend. The public has a limited right to speak at open meetings of Overview Panels as set out in the Access to Information Rules.

14. CALL­IN BY OVERVIEW PANELS Call­in should only be used in exceptional circumstances. This is where members of the appropriate Overview Panel have evidence which suggest that any Policy Committee did not take the decision in accordance with the principles set out in Article 13 (Decision Making) or the decision is not in accordance with the budget and policy framework. In respect of calling­in decisions outside the budget and policy framework there are also particular provisions set out in the Budget and Policy Framework Rules which should be read with the following provisions.

(a) When a decision is made by a Policy Committee or an area committee or under joint arrangements, the decision shall be published, including where possible by electronic means, and shall be available at the main offices of the Council normally within 5 days of being made. All Members of the Council will be sent copies of the records of all such decision within the same timescale by the person responsible for publishing the decision.

(b) That notice will bear the date on which it is published and will specify that the decision will come into force, and may then be implement, on the expiry of 5 working days after the publication of the decision, unless a Overview Panel or any 5 Councillors object to it and request that the Chief Executive calls it in.

(c) During that period, the Chief Executive shall call­in a decision for Overview by the committee or forum if so requested by the Chairman of the committee or any five Councillors, whether or not they are members of the committee, and shall then notify the decision­taker of the call­in. He/she shall, within 5 working days of the decision to call­in, call a meeting of the relevant committee on such date as he/she may determine, where possible after consultation with the Chairman of the committee.

(d) If, having considered the decision, the Overview Panel is still concerned about it, or if it is a call­in prompted by the request of 5 Councillors and the relevant committee is concerned about it, then it may refer the decision back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns or refer the matter to full Council. If referred to the decision maker they shall then reconsider within a further 7 working days, amending the decision or not, before adopting a final decision.

(e) If following an objection to the decision, the relevant Overview Panel does not meet in the period set out above, or does meet but does not refer the matter back to the decision making person or body, the decision shall take effect on the date of the Overview Panel meeting, or the expiry of that further 5 working day period, whichever is the earlier.

(f) If the matter was referred to full Council and the Council does not object to a decision which has been made, then no further action is necessary and the decision will be effective in accordance with the provision below. However, if the Council does object, it has no locus to make decisions in respect of a Policy Committee decision unless it is contrary to the policy framework, or contrary to or not wholly consistent with the budget. Unless that is the case, the Council will refer any decision to which it objects back to the decision making person or body, together with the Council’s views on the decision. That decision making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by a Policy Committee, a meeting will where possible, be convened to reconsider within 14 working days of the Council request.

(g) If the Council does not meet, or if it does but does not refer the decision back to the decision making body or person, the decision will become effective on the date of the Council meeting or expiry of the period in which the Council meeting should have been held, whichever is the earlier.

(h) Where a decision has been taken by an area committee, then the right of call­in shall extend to any 4 members of another area committee if they are of the opinion that the decision made but not implemented will have an adverse effect on the area to which their committee relates. In such cases, those 4 members may request the Chief Executive to call­in the decision. He/she shall call a meeting of the relevant Overview Panel on such a date as he/she may determine, where possible after consultation with the Chairman of the committee, and in any case within 5 days of the decision to call­in. All other provisions relating to call­in shall apply as if the call­in had been exercised by members of a relevant Overview Panel.

Call­in and Urgency

(i) The call­in procedure set out above shall not apply where the decision being taken by the Policy Committee is urgent. A decision will be urgent if any delay likely to be caused by the call­in process would seriously prejudice the Council’s or the public’s interests. The record of the decision, and notice by which it is made public shall state whether in the opinion of the decision making person or body, the decision is an urgent one, and therefore no subject to call­in. The Chairman of the Council must agree both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency. In the absence of the Chairman the Vice Chairman’s consent shall be required. In the absence of both, the Head of Paid Service or his/her nominee’s consent shall be required. Decisions taken as a matter of urgency must be reported to the next meeting of the Council, together with the reasons for urgency.

(ii) The operation of the provisions relating to call­in and urgency shall be monitored annually, and a report submitted to Council with proposals for review if necessary.

15. PROCEDURE AT COMMITTEE MEETINGS

(a) Overview Panels and Sub­Panels shall consider the following business;

(i) minutes of the last meeting; (ii) declarations of interest (including whipping declarations);

(iii) consideration of any matter referred to the committee for a decision in relation to call­in of a decision;

(iv) responses of the executive to reports of the Overview Panel; and (v) the business otherwise set out on the agenda for the meeting.

(b) be conducted in accordance Where the Overview Panel conducts investigations (e.g. with a view to policy development), the committee may also ask people to attend to give evidence at committee meetings which are to with the following principles:

(i) that the investigation be conducted fairly and all members of the committee be given the opportunity to ask questions of attendees, and to contribute and speak;

(ii) that those assisting the Panel by giving evidence be treated with respect and courtesy; and

(iii) that the investigation be conducted so as to maximise the efficiency of the investigation or analysis.

(c) Following any investigation or review, the Panel or Sub­Panel shall prepare a report, for submission to the Policy Committee and/or Council as appropriate and shall make its report and findings public.

16. Guidelines for Members of the Public wishing to speak at Overview Panel Meetings 1. For administrative reasons, you must normally notify the Legal & Administration Section of your wish to speak by 5.00

p.m. on the day prior to the meeting. If you require an answer to a specific question, it would also be helpful if you could notify the Legal & Administration Section of your question as soon as possible.

2. You may speak on any matter relating to the Overview Panel’s area of responsibility, subject to (3) below. If your question or statement is of a general nature, you will be asked to speak at the beginning of the meeting. If your question or statement relates to a specific agenda item, you may choose to speak either at the beginning of the meeting, or when this agenda item is considered.

3. There are certain issues that you will not be permitted to raise. These include the competence or performance of a Councillor or officer, and any matter normally considered ‘confidential’. You are also warned against making any abusive or libellous comments.

4. You must make it clear whether you are speaking as a private individual or as a representative of an organisation.

5. If any clarification of what you have said is required, the Chairman of the Committee will have the discretion to allow Councillors to ask you questions.

6. You will not be permitted to participate in subsequent discussion and will not be entitled to vote.

7. A maximum of fifteen minutes will be set aside at the beginning of the meeting for general questions and statements. A maximum of ten minutes will be allowed for public questions and statements on any specific agenda item.

8. Individual speakers will be permitted to speak for a maximum of three minutes.

9. If you raise a specific question, you will usually receive a response either from the Chairman of the Committee or an officer nominated by them. On occasion, the Chairman may decide that a written response should be sent after the meeting, or that a response should not be given, for example if the question concerns legal proceedings involving the Council.

10. The Chairman will always have the right to vary the process, if in his/her judgement special circumstances justify an exception. The meeting will proceed if you have asked to speak but do not appear

Contact – Alan Wood or Mike Hibbitt Alan.wood@oadby­wigston.gov.uk Mike.hibbitt@oadby­wigston.gov.uk

Borough Council of Wellingborough Scrutiny arrangements

• Wellingborough’s Scrutiny Committee has 11 members including the Chairman and Vice Chairman.

• The Committee meets a total of eight times each year. • As a small authority, Wellingborough has decided not adopted a cabinet system. Committees and

the full Council are therefore the only decision making bodies. • At present a single Committee considers both internal and external matters. There are plans to

split the Committee into separate internal and external Scrutiny Committees as it is felt that the current Committee workload is too great.

• The current Committee work programme involves inviting speakers from external organisations to address Committee meetings. There is a particular focus on organisations with which the Council has service level agreements. Recent attendees at Scrutiny have included the Citizen’s Advice Bureau, a local Community Action Group, local secondary school head teachers, Postwatch and the Northamptonshire Racial Equality Council.

• The Committee receives regular updates from each of the four service clusters within the Council. • Audit and finance matters are also regularly considered by the Scrutiny Committee.

Contact – Jonathan Pitt JPitt@wellingborough.gov.uk