Agendas, Minutes and Reports

Item 6.1

North Somerset Council

REPORT TO THE Standards Committee

Date of Meeting: 24 November 2005

Subject of Report: Change to the Council’s Constitution – Scrutiny Panels

Town or parish: N/A

Officer/Member presenting: Solicitor to the Council

Key Decision: No

RECOMMENDATIONS

That the Standards Committee:

a) notes that the roles and titles of Scrutiny Panels have been changed and that this will be reflected in Article 6 of the Constitution, and

b) recommends to Council the following addition to Scrutiny Procedure Rule 1 in part 4 of the Constitution: “If a Scrutiny Panel refers a matter to them the Executive or individual Executive Member as appropriate shall to respond formally to the Scrutiny Panel concerned.”

1. Summary of Report

Following a review of arrangements for Scrutiny, one consequential amendment to the Constitution is required. It is a role of the Standards Committee to review changes to the constitution from an ethical viewpoint.

2. Policy

The Local Government Act 2000 requires the Council to make arrangements as to how it operates, how decisions are made, and procedures followed.[J1] Under the Council’s core value of “Putting People First” the Council is committed to an effective scrutiny process. [J2]

3. Details

The Council has reviewed its arrangements for Scrutiny. A Working Party on Scrutiny Panels and Executive Member Roles was set up by Council on 3rd May 2005 with 8 Members (political balance 3:3:1:1). Its terms of reference were:

“To consider and review the roles of the Policy and Scrutiny Panels, and the Executive roles, and report to the Council Meeting on 27th September the result of the findings of the Working Party”.

The Working Party recognised the powers conferred on local authorities to scrutinise health services within their areas under the Health and Social Care Act 2001. We were advised of the concern of the Housing, Health and Social Care for Adults Policy and Scrutiny Panel that the increasing requirement to focus on health-related matters, meant that it was proving more difficult to focus adequately and pay proper attention to issues of housing and social care for adults. Accordingly, that Panel recommended that a separate policy and scrutiny panel be created to consider all statutory health matters. In recognition that the Health Panel will not have a policy development role for the Health Service, the Council resolved that this panel be named the Health ‘Overview’ and Scrutiny Panel. The former Housing, Health and Social Care Scrutiny Panel becomes the Adult Services Scrutiny Panel. The former Organisational Effectiveness Scrutiny Panel was merged into the Finance and Resources Scrutiny Panel.

The Panel also recommended a number of other changes to the role and functions of the Scrutiny Panels. These have taken effect and a new version of Article 6 of the Constitution will be circulated in due course. The new Panels are:

Adult Services Policy and Scrutiny Panel

Children and Young People Policy and Scrutiny Panel

Community Services Policy and Scrutiny Panel

Environmental Services Policy and Scrutiny Panel

Finance and Performance Policy and Scrutiny Panel

Health Overview and Scrutiny Panel

Strategic Planning and Economic Development Policy and Scrutiny Panel

The Council also resolved that there be an addition to the Executive Standing Orders requiring the Executive and individual Executive Members as appropriate to respond formally to matters referred by Scrutiny Panels.

This change will increase the transparency of relations between Scrutiny and Executive and is to be welcomed. However the Executive Standing Orders relate to the proceedings of Executive meetings. The intention of the resolution could be more effectively achieved by amending the Scrutiny Procedure Rules to add the words in bold, as follows:

“1. Areas of remit

There will be seven Policy and Scrutiny Panels of the Council who will have the following remit of the Council. Each Policy and Scrutiny Panel will consider matters placed before them by the Executive and will respond with the views of the majority of the Members of the Policy and Scrutiny Panel on the matter which has been referred. Each Policy and Scrutiny Panel will monitor areas of Best Value Reviews which fall within their remit and report to the Executive the outcome of the review in that particular area.

The Policy and Scrutiny Panel will scrutinise decisions taken by the Executive and will where there is concern over a decision either report that to the Executive or in cases which appear to have been taken by the Executive which are outside either the budget or policy of Council, refer the matter to Council. If during the course of its work the Policy and Scrutiny Panel finds that the Council needs to address a particular matter either specifically or by an alteration to the Council’s policy then this shall be reported to the Executive. If the Executive requests the Policy and Scrutiny Panel to undertake work to consider alteration to the Council’s policy then the Policy and Scrutiny Panel shall undertake this work and then report back to the Executive its conclusions. If a Scrutiny Panel refers a matter to them the Executive or individual Executive Member as appropriate shall respond formally to the Scrutiny Panel concerned.”

4. Consultation

The Working Party on Scrutiny Panels and Executive Member Roles consulted all elected members on changes to the scrutiny process.

5. Financial Implications

None [J3]

6. Equality Implications

None.

7. Corporate Implications

The review was part of the wider process of improving the way the Council delivers its services.[J4]

8. Options considered

Amendment of Executive Standing Orders – however these relate to the proceedings of Executive Meetings.[J5]

Author

Malcolm Nicholson

Solicitor to the Council [J6]

Background Papers

Minute of Council meeting of 27 September 2005 (published document)