Government issues updated statutory guidance on overview and scrutiny
The Department for Levelling Up, Housing and Communities has issued updated statutory guidance on overview and scrutiny, to “take account of deeper devolution and the creation of combined county authorities through the Levelling Up and Regeneration Act 2023”.
The updated guidance, Overview and scrutiny: statutory guidance for councils, combined authorities and combined county authorities sets out policies and practices authorities should adopt, or consider adopting, when deciding how to carry out their overview and scrutiny functions.
Writing in the foreword, Minister for Local Government Simon Hoare said: “It is vital that councils, combined authorities and combined county authorities know the purpose of scrutiny, what effective scrutiny looks like, how to conduct it and the benefits it can bring. This guidance aims to increase understanding in all four areas.
“Authorities with effective overview and scrutiny arrangements in place share certain key traits, the most important being a strong organisational culture. Authorities who welcome challenge and recognise the value scrutiny can bring reap the benefits. But this depends on strong commitment from the top - from senior members as well as senior officials.”
Hoare said the guidance reflects new developments such as the further devolution of powers and funding to local areas and the establishment of combined authorities and combined county authorities.
“Just as the principles in this statutory guidance apply to the good scrutiny function of councils, they are equally fundamental to that of English institutions with devolved powers. The accountability of these institutions is core to the success of areas with devolution agreements, and they should use this guidance alongside that in the English Devolution Accountability Framework and the Scrutiny Protocol.”
Hoare added: “Government recognises that all authorities have democratic mandates, are ultimately accountable to local people and that authorities themselves are best placed to know which scrutiny arrangements are most appropriate for their own individual circumstances.
“I strongly urge all councils, combined authorities and combined county authorities to cast a critical eye over their existing arrangements and, above all, ensure they embed a culture that allows overview and scrutiny to flourish.”
The guidance covers:
- Introduction and context
- Culture
- Resourcing
- Selecting committee members
- Power to access information
- Planning work
- Evidence sessions
It also contains three annexes:
- Annex 1: Illustrative scenario – creating an executive-scrutiny protocol
- Annex 2: Illustrative scenario – engaging independent technical advisers
- Annex 3: Illustrative scenario – approaching an external organisation to appear before a committee
First published in May 2019, the guidance can be viewed here.
