Government publishes scrutiny protocol for English institutions with devolved powers
The Department for Levelling Up, Housing and Communities has issued a scrutiny protocol providing guidance regarding overview and scrutiny committees in English institutions with devolved powers.
The Department said: “This Scrutiny Protocol is a key part of making sure that institutions’ overview and scrutiny arrangements are of the highest possible standards for holding them to account for delivery as well as for playing a critical role in policy and strategy development. This is particularly important when scrutinising devolved powers.”
The protocol applies to the arrangements of overview and scrutiny committees in all English institutions with devolved powers, including combined authorities (mayoral and non-mayoral), combined county authorities (mayoral or non-mayoral) and, with regard to their devolved powers, county councils and unitary authorities that have agreed devolution deals.
In the introduction DLUHC says:
1.4 Effective scrutiny is critical for ensuring there is appropriate accountability for the decisions made by local decision makers. When done well, local scrutiny should drive understanding, enhance the performance of services and improve the outcomes for those people affected by those decisions.
1.5. This Scrutiny Protocol sets out the relationship between mayors and directly elected leaders, and the combined authority, combined county authority, county council or unitary authority they lead. It also sets out how the overview and scrutiny and audit committees hold these institutions with devolved powers and their mayor or directly elected leader to account.
1.6. In adopting the key principles and provisions of this Scrutiny Protocol, each institution will ensure it has a focus on a sustained culture of scrutiny. Membership on committees should be prized and competed for. Retention of members for several years should be common. Members must be able to devote the time to the role. Committees should have the profile and cachet to ensure that their findings are brought to the attention of the public wherever necessary through strong communications.
1.7. The government considers the Scrutiny Protocol a key factor in implementing Level 4 and single department-style funding settlements. Institutions with devolved powers should utilise the principles of the Scrutiny Protocol and requirements of the EDAF (including Local Assurance Frameworks) to ensure transparent and accountable decision-making and delivery of value for money on devolved funds.
1.8. In the future, the government will expect areas to adopt MP sessions to further enhance scrutiny, similar to those arrangements being established in Greater Manchester Combined Authority (GMCA) and West Midlands Combined Authority (WMCA) and any lessons learned from the application there. This will be considered when institutions receive single department-style funding settlements.
Chapter 2 of the Scrutiny Protocol sets out 18 key principles for good scrutiny, while Chapter 3 covers additional scrutiny – mayor or directly elected leader’s Question Time.
