6. Overview and Scrutiny

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In this section:

• Overview and Scrutiny
• Terms of References
• Cabinet Scrutiny Protocol

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Overview and Scrutiny

6.1

The Council has established the following Overview and Scrutiny Committees to:

a) Discharge the functions conferred by section 21 of the Local Government Act 2000;

b) Discharge the scrutiny functions under the Health and Social Care Acts 2001 and 2012, the National Health Service Act 2006, and any relevant Regulations made thereunder and any subsequent legislation;

c) Discharge the relevant functions under the Local Government and Public Involvement in Health Act 2007 and the Police and Justice Act 2006;

d) Review and scrutinise the exercise of flood risk management functions which may affect the local authority’s area under section 9FH of the Local Government Act 2000;

e) Perform the role of Crime and Disorder Committee under section 19 of the Police and Justice Act 2006, to review and scrutinise decisions made or other action taken in connection with the discharge by the authority of its crime and disorder functions, including the work of the Community Safety Partnership Board; and

f) Review and scrutinise education functions under the Education Act 1996, as amended or replaced from time to time.

6.2

All councillors except Cabinet Members may be members of an Overview and Scrutiny Committee, task group, working group or panel. However, no member may be involved in scrutinising a decision in which they have been directly involved.

Committee	Responsibility	Membership	Meeting Frequency
Scrutiny Management Board	The overall management, coordination and monitoring of Overview and Scrutiny, to ensure the general effectiveness and development of the County Council's Overview and Scrutiny Committees for the benefit of the people of Lancashire.	Ten county councillors, including the four Chairs of the other Overview and Scrutiny Committees	Quarterly
Health and Adult Services Scrutiny Committee	To review and scrutinise any matter relating to the planning, provision and operation of the health service in the area, and to review and scrutinise county council Adult Services and Public Health. Statutory responsibility for scrutiny of NHS proposals for a substantial development or variation relating to both adults and children’s health in Lancashire.	Ten county councillors, plus 12 non-voting co-opted members nominated by the 12 district councils	Every six weeks
Children, Families and Skills Scrutiny Committee	To review and scrutinise the County Council’s children’s services functions and other matters affecting children, young people and families. To satisfy the statutory responsibilities related to education functions of a Children’s Services Authority.	Fourteen county councillors, five voting co-opted members (comprising three church representatives and two parent governor representatives) who shall have voting rights in relation to any education functions which are the responsibility of the Cabinet, and two non-voting co-opted members representing the Youth Council	Every six weeks
Environment, Economic Growth, and Transport Scrutiny Committee	To review and scrutinise the work of the County Council and external organisations on matters relating to the environment and climate change, economic development and growth, and highways and transport.	Ten county councillors	Every six weeks
Community, Cultural, and Corporate Services Scrutiny Committee	To review and scrutinise the work of the County Council and external organisations on matters relating to community safety and cohesion, and county council support services.	Ten county councillors	Every six weeks

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Terms of Reference

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Cabinet Scrutiny Protocol

Effective scrutiny relies not just on the work of Overview and Scrutiny Committee members, but also on positive and constructive engagement with the Cabinet.

The objectives of this protocol are:

a) To promote a strong organisational culture of mutual respect, trust, and openness between the Cabinet and Scrutiny members with a view to ensuring service improvements.

b) To enable Cabinet Members and Overview and Scrutiny Committee members to fully understand their roles and responsibilities in relation to the Overview and Scrutiny function and its powers.

c) To set out principles of engagement between Cabinet Members and Overview and Scrutiny Committee members including procedures to mitigate any differences of opinion and manage disagreement and debate.

The following principles of engagement highlight Overview and Scrutiny's powers and sets out the expectations required of all parties in delivering an effective Overview and Scrutiny function.

Cabinet Members should:

a) Attend Scrutiny meetings when required, including special meetings (call-in) and work programming sessions, to answer questions and discuss issues where required to do so (or, in their absence, the relevant Lead Member should attend).

b) Provide information including performance, financial and risk information where required to do so.

c) Recognise Scrutiny's independent and non-partisan role.

d) Ensure the Cabinet's priorities are communicated to Scrutiny to inform work planning to ensure that it is adding value.

e) Keep Scrutiny Chairs, Deputy Chairs and support officers informed of the outlines of major decisions as they are being developed, to allow for discussion of Scrutiny’s potential involvement in policy and strategy development.

f) Provide a clear written response to Scrutiny recommendations within two months of receipt.

Overview and Scrutiny Committee members, including co-opted members, should:

a) Engage with and support the Scrutiny function and its priorities.

b) Take responsibility for their role by acting independently and in a non-partisan capacity.

c) Provide an environment conducive to effective scrutiny by setting and maintaining a strong culture of mutual respect.

d) Hold the Cabinet to account on decisions or other action taken.

e) Not view the call-in process as a party-political tool or as a substitute for early involvement in the decision-making process.

f) Work proactively to identify any potential contentious issues and plan how to manage them.

g) Amplify the voices and concerns of the people of Lancashire.

h) Assist in the development of work programmes in consultation with Cabinet Members and officers.

i) Provide constructive challenge and not a de facto opposition to the Cabinet.

j) Share key findings, drafts of Scrutiny reports and recommendations with Cabinet Members and officers to ensure no surprises.

To support the wider aim of promoting a strong organisational culture with scrutiny and good governance, the oversight of compliance will be managed in the following ways:

a) Any councillor becoming aware of non-compliance with protocol and Scrutiny's powers should bring the matter to the attention of the Council's Statutory Scrutiny Officer and Monitoring Officer for consideration and action.

b) Where disagreement or breakdown in relations occurs between Scrutiny and the Cabinet, the Overview and Scrutiny Committee should refer the matter to the Chief Executive, Monitoring Officer and the Statutory Scrutiny Officer, together with the relevant Scrutiny Chair, Cabinet Member and the Leader to reach an agreement.

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