OVERVIEW AND SCRUTINY PANELS

 

The Council at its Annual Meeting determines the number and remit of Overview and Scrutiny Panels and appoints members to serve on the Panels. 

The current structure of Panels is as follows:

SAFER AND STRONGER COMMUNITIES  -

Membership:    3 Conservative Members; 3 Liberal Democrat Members, 1 unaligned 

Chaired by nominee of Liberal Democrat Group 

CORPORATE PERFORMANCE AND RESOURCES  -

Membership:   3 Conservative Members; 3 Liberal Democrat Members; 1 Labour Member ; 1  Independent Member

Chaired by nominee of Liberal Democrat Group 

CHILDREN AND YOUNG PEOPLE

(Designated Panel for Curriculum Complaints)

Membership 3 Conservative Members; 3 Liberal Democrat Members and 1 Labour Member, together with voting co-opted members representing parent governors and church education authorities.

Chaired by nominee of Conservative Group 

ENTERPRISE AND ECONOMIC DEVELOPMENT

Membership: 4 Conservative Members, 3 Liberal Democrat Members 

Chaired by nominee of Conservative Group 

HEALTHIER COMMUNITIES AND OLDER PEOPLE

(Designated Panel for statutory health scrutiny)

Membership: 3 Conservative Members , 3 Liberal Democrat Members ; 1 Labour Member 

Chaired by nominee of Labour Group 

GENERAL FUNCTIONAL RESPONSIBILITIES OF ALL OVERVIEW AND SCRUTINY PANELS

Within these subject areas, each Panel

(i) has broad-based responsibility for Overview and Scrutiny in its particular area of responsibility, in line with the Council's objectives

(ii) scrutinises Performance Management information for the allocated performance areas on a scheduled basis and advises the Cabinet accordingly

(iii) receives and carries out work as allocated, including

(a) determination of Call-Ins of executive decisions made but not yet implemented,

(b) carrying-out of in-depth reviews, as set out in the Overview and Scrutiny Work Plan

(c) undertaking scrutiny of particular Key Decisions and other aspects of Cabinet activity

(d) offering overview advice and reports of policy development issues

(e) evaluating of the  impact of Council and Cabinet decisions and policies

(f) undertaking scrutiny of agreed Action Plans and Policies, to ensure compliance (including those required  by the District Auditor)

(g) reviewing and/or scrutinising decisions made or actions taken in connection with the discharge of any of the Council’s functions;

(iv) may send communications and reports directly to other Overview and Scrutiny Panels and the Cabinet;

(vi) may invite persons to be co-opted members;

(vii) may invite participants to give evidence, either verbally or in writing, on any issue contained within the Overview and Scrutiny Plan

(viii) may require officers of the Council and members of the Cabinet to attend to give evidence, subject to the provisions of the Overview and Scrutiny Procedural Rules.

Overview and Scrutiny Panels may also:

on scrutiny issues

i) review and scrutinise the decisions made by and performance of the Cabinet and Council Officers both in relation to individual decisions and over a period of time;

ii) review and scrutinise the performance of the Council in relation to its policy objectives, performance targets and/or particular service areas;

iii) question members of the Cabinet and Officers about their decisions and performance*, whether generally in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects (*this does not relate to the performance review (“appraisal”) process which is a staff managerial responsibility);

iv) make recommendations to the Cabinet arising from the outcome of the scrutiny process;

v) invite any person to give evidence and answer questions (subject to the Overview and Procedure Rules)

on overview issues

(i) assist the Council and the Cabinet in the development of its budget and policy framework by in-depth analysis of policy issues

(ii) conduct research, community and other consultation in the analysis of policy issues and development of possible options for the future

(iii) consider and implement mechanisms to encourage and enhance community participation in the development of policy options;

(iv) liaise with other external organisations operating in the area, whether national, regional or local, to ensure that the interests of local people are enhanced by collaborative working.

(v) carry out in-depth reviews of key local issues, subject to the provisions of the Overview and Scrutiny Plan.

(vi) request reports from Officers and Cabinet Members

Meeting Frequency:

Panels will determine their own frequency relevant to the requirements of the Overview and Scrutiny Work Plan, and within resources allocated to them.

HEALTH SCRUTINY

Background: Health Scrutiny

Local Authorities with social services powers are required to ensure that their overview and scrutiny function has the power to scrutinise the planning, provision and operation of health services.  This power relates to reviewing, scrutinising and reporting on NHS services and institutions, and helps the Council build on existing health partnerships and other work to tackle causes of ill-health and health inequalities.

The power does not relate to private health services and providers.  Councils are not responsible for performance managing the NHS.  In exercising this power, the designated health overview and scrutiny panel (Healthier Communities and Older People) will report in its own right, not on behalf of the Council.

Provisions of the Health Scrutiny Regulations

·        The council’s overview and scrutiny body can scrutinise any Strategic Health Authority, Primary Care Trust or NHS body that provides services for people in the council’s area.

·        Local NHS bodies must provide any information the council reasonably requires (excluding information about individuals), and NHS staff can be required to attend and provide information.

·        Scrutiny reports can be made to the council and to NHS bodies.  If requested, the NHS body must respond within 28 days.

·        NHS bodies must consult the overview and scrutiny committee of the council about proposals for substantial development or variation of NHS services in the area.  The overview and scrutiny committee can refer the matter to the Secretary of State for Health, if the local authority is not satisfied of the merits for change or if it considers there has been inadequate consultation on the proposals.

·        Councils can set up joint health scrutiny committees with one or more other councils.  Councils can delegate aspects of this role to another council’s overview and scrutiny body.

·        County councils can co-opt neighbouring authority council members onto their scrutiny committees dealing with health scrutiny, either for an indefinite time or for a particular project.

Reporting Arrangements

Following any health overview & scrutiny topic undertaken, the Panel will make a report with recommendations to NHS bodies and B&NES Council. Such reports will also be copied to key stakeholders including local MPs and the Strategic Health Authority.

Working across Local Authority Boundaries

Some health issues will be specific to the B&NES area whilst others (e.g. performance of large hospitals or regional health services with a wide catchment area) will extend over the B&NES local authority boundaries.  In such cases, B&NES will adopt the following approach:

Joint Health Scrutiny Committee

Protocols for a Joint Health Scrutiny Committee for cross-boundary overview and scrutiny of health issues and institutions have been established with the other Councils in the former Avon area.

Membership

The membership of each Joint Health Scrutiny Committee should be made up of not more than 3 Councillors from each Council participating in the review(s) being undertaken by that Committee. 

The requirement to observe political proportionality in making appointments to these Joint Committees has been waived by all four Councils so as to give each Council maximum flexibility in making its appointments. 

The three B&NES Councillors participating in the Joint Health Scrutiny will be agreed by the Panel designated as the health overview and scrutiny panel, as and when it is agreed to participate in a Joint Health Scrutiny Committee.

It is intended that these arrangements form the basis for constituting Joint Health Overview and Scrutiny Committees with other neighbouring local authorities e.g. Somerset or Wiltshire County Councils.

Joint Health Scrutiny Committee Terms of Reference

1) Where more than one local authority is consulted by a local NHS body in respect of any proposal that it has under consideration for the substantial development of the health service or the substantial variation of such service, to review and scrutinise such proposal jointly with any other local authority so consulted.

2) Where more than one local authority has an interest in the planning, provision and operation of health services which cross-geographical boundaries, to review and scrutinise any such matters jointly with any such other local authority.

3) To require the local NHS body to provide information about the proposal under consideration and where appropriate to require the attendance of a representative of the NHS body to answer such questions as appear to it to be necessary for the discharge of its function in connection with the consultation.

4) To prepare a report to the health body and the participating local authorities, setting out any comments and recommendations on any matter reviewed or scrutinised.

5) To report to the Secretary of State in writing where it is not satisfied that consultation on any proposal referred to in paragraph (1) has been adequate in relation to the content or time allowed.

6) To report to the Secretary of State in writing in any case where it considers that the proposal would not be in the interests of the health service in the area of the joint committees participating local authorities.

Health Services located within B&NES

E.g. Royal United Hospital (RUH), Bath.

B&NES Council will take the lead on any health overview & scrutiny activities based in its area and invite participation from neighbouring authorities that have an interest. Neighbouring authorities may provide a Member of their council for co-opted membership.

Health Services located elsewhere but used by B&NES residents

E.g. Bristol Royal Infirmary (BRI)

B&NES Council would expect that a ‘host’ local authority would take the lead on a major issue within its area, given that they are likely to have the majority of residents affected by the service.  In such cases, B&NES could seek to have representative from the health overview and scrutiny panel co-opted (on a reciprocal agreement, as above) to the host authorities own Health Overview & Scrutiny arrangements so that it may contribute and represent B&NES residents on the specific topic.

A Member of the B&NES Health and Social Services Overview and Scrutiny Panel would attend such joint meetings, as are relevant, and report back to the rest of the Panel at B&NES own Health Overview & Scrutiny meetings.