Local government scrutiny

The Local Government Act 2000 requires authorities to set up at least 1 overview and scrutiny committee (although from October 1st 2009 this requirement will increase to two as there will also be a duty to have a crime and disorder scrutiny committee). In most areas there is more than 1 committee and also, in most areas the word "overview" has been dropped, so they are simply known as scrutiny committees.

Scrutiny committees are really important vehicles for challenge, improvement and change within local authorities and there will be opportunities for third sector groups to get involved. No cabinet or board members are allowed to sit on scrutiny committees - instead they are made up of the backbench councillors. Committees do not have any actual decision-making powers but they do make recommendations to the full council.

So what do scrutiny committees do? There are 4 broad roles:

  • Holding the cabinet or board to account. There are processes within each council whereby cabinet decisions can be "called in" for scrutiny. This is why no cabinet members can sit on scrutiny committees, so that their decision-making can be examined objectively.

  • Policy development and review where the committee look at the impact of particular council policies.

  • Driving up performance standards by monitoring their own services.

  • External scrutiny of services provided in their area by other agencies.

Scrutiny structures operate differently in each council area, from a traditional committee style approach, to more informal, participative approaches and structures and councils have been allowed to operate more or less as they want. However, from October 2009 there will be a duty on councils to have a crime and disorder scrutiny committee which will have a more prescribed way of working.

In all areas, there is a drive to improve the way that scrutiny is operating and this is currently being supported by grants from the Welsh Assembly Government's Scrutiny Development Fund. It is not yet as inclusive or citizen-focused as it could be, and many citizens still have little or no knowledge about the function, its purpose, or how to get involved. There is likely to be both UK and Welsh legislation brought in with a view to improving scrutiny (and other local government) arrangements in the near future. We will keep you informed of any developments on this site

Click here for more information on why and how third sector group can engage with the scrutiny function.