Agenda item

Members considered the Overview and Scrutiny Guidance published by the Ministry of Housing, Communities and Local Government in May 2019. The Senior Democratic Services Officer (Redditch) explained that this was statutory guidance.  Whilst the guidance did not change the legal position in respect of Overview and Scrutiny and it was recognised that there needed to be flexibility to meet local needs, Councils had to give due regard to the content of the guidance. 

Members were advised that many of the points raised in the guidance already featured as part of the overview and scrutiny arrangements in place in Redditch.  However, there were some areas where the guidance differed from local practice.  In particular the following points detailed in the guidance were highlighted for Members’ consideration:

·                The potential for the Chairs of Overview and Scrutiny Committees to be elected through a secret ballot of Members.  In Redditch the Chair of the Overview and Scrutiny Committee could not be a member of the majority group and s/he was currently appointed at the annual meeting of Council.

·                The suggestion that there needed to be early and regular engagement between Overview and Scrutiny and the Executive.  The Chair of the Overview and Scrutiny Committee advised that he was in regular contact with the Leader of the Council on an informal basis about the work of Overview and Scrutiny Members and the implications for the Council.  It was noted that at other Councils a more formal arrangement was in place, whereby meetings between the Leader and Chair of the Overview and Scrutiny Committee were built into the Council’s constitution and this was something that Members could consider introducing in Redditch.

·                Managing the potential for disagreement between the Executive and Overview and Scrutiny and the possibility of introducing an Executive-Scrutiny protocol to facilitate this process.  Officers advised that the Council did not have this type of protocol at present.  Some concerns were raised that a protocol could make the working relationship between Overview and Scrutiny and Executive Committee members too formal and might undermine the potential for Members to work flexibly.

·                Communicating the work of Overview and Scrutiny to the public.  Members noted that there had been some challenges in terms of promoting the work of scrutiny Members to the public.  The press no longer attended meetings of the Overview and Scrutiny Committee regularly and therefore alternative arrangements for communicating the Committee’s work to the public needed to be explored.  It was suggested that the Council’s Communications Team might be able to provide helpful advice in respect of this matter.

·                Addressing the potential for conflicts of interest to arise in terms of members of the Overview and Scrutiny Committee, including the Chair, scrutinising decisions by members of their family on the Executive Committee.  The Committee was advised that the Council’s constitution at present did not include any references to family links and requirements of Overview and Scrutiny Committee membership.  The Council was relatively small, in terms of the number of Councillors, and it was important to note that decisions were taken by the Executive Committee collectively, rather than by individual Portfolio Holders. 

·                The Executive Committee’s responsibility to inform Overview and Scrutiny Committees in writing when deciding to turn down a request from scrutiny Members for information.  Officers advised that in general information was provided to scrutiny Members where requested for an investigation and there was not the problem reportedly in place at some other local authorities, whereby scrutiny requests for information where treated as a Freedom of Information request.  However, it was noted that in exceptional circumstances the Executive Committee might feel that it was not possible to provide the information requested and members of the Executive Committee needed to be aware that they would have to set out in writing the reasons for turning down this request.

Members noted that in some cases changes to local practice in response to the guidance would require corresponding changes to the Council’s constitution.  It was therefore possible that the Overview and Scrutiny Committee would need to make recommendations on to the Constitutional Review Working Party (CRWP).

Due to the complexity of the subject, and to ensure that the appropriate approach to scrutiny was adopted for Redditch, Members requested that the guidance should be brought back to the next meeting of the Overview and Scrutiny Committee in July 2019, for further consideration.  A request was made for the key areas where the guidance diverged from local practice to be highlighted in the report to Members.

RESOLVED that

the Overview and Scrutiny Guidance be considered at the next meeting of the Overview and Scrutiny Committee in July, 2019.