Arrangements for Overview and Scrutiny Committee
The Council appoints at least one Overview and Scrutiny Committee. These can be for a fixed period and stop at the end of that period. The number of members on the Overview and Scrutiny Committee is decided at the Council’s Annual General Meeting, and the membership will be politically proportionate to the political make-up of the council.
The committee carries out all overview and scrutiny functions for the council. It can also appoint sub-committees and task groups to carry out overview and scrutiny functions. The committee’s responsibilities are listed under the Constitution's responsibility for functions.
Councillors on Overview and Scrutiny Committee
All councillors, except members of the Cabinet, can be members of the Overview and Scrutiny Committee. Councillors can’t be involved in scrutinising a decision they were directly involved with.
Co-optees
The Overview and Scrutiny Committee or sub-committees are entitled to recommend to the Council the appointment of up to 5 people as non-voting co-optees.
Meetings of the Overview and Scrutiny Committees
Overview and Scrutiny Committee meetings follow the council’s official meeting schedule, which is available on the council’s website. Extraordinary meetings can be arranged when needed. These meetings can be called by:
- the committee Chair
- any 5 councillors
- the Proper Officer (if they think it’s necessary)
Chairing
The Chair and Vice-Chair of the committee and its sub-committees are chosen from the councillors who sit on them. The committee decides who takes these roles, following the council’s procedure rules. The Chair must be from an opposition party.
Work programme
The Overview and Scrutiny Committee is responsible for setting its own work programme. Its sub-committees also choose their work programmes, but subject to their parent committees. When making these decisions, the committee should consider the views of members who are not part of the largest political group on the council.
Agenda items
Any councillor can ask the Proper Officer for a topic to be added to the agenda of the next committee or sub-committee meeting, as long as it’s relevant to the functions of the committee. Once the Proper Officer receives the request, they will make sure it’s included on the agenda. The councillor who suggested it can then present it at the meeting.
If asked by the Council, the Overview and Scrutiny Committee will also review specific areas of council activity when their work programme allows. They can also do so if the Cabinet asks, and they think it’s appropriate. After reviewing, the committee will report back to Council or Cabinet with their findings and any suggestions. The Council or Cabinet must then consider that report within a month.
Policy review and development
Read the Budget and Policy Framework Procedure Rules for details on the Overview and Scrutiny Committee’s role in this. For other matters, the Overview and Scrutiny Committee and its sub-committees can make proposals to the Cabinet, as long as they relate to matters within their Terms of Reference.
The Overview and Scrutiny Committee can hold enquiries and investigate options for future policy direction and development. They can appoint advisers and assessors to help with this. They can also:
- go on site visits
- conduct public surveys
- hold public meetings
- commission research
- do anything else they reasonably think will inform their deliberations
- ask witnesses to attend meetings to speak to them about the issues they’re looking into
- pay any advisers, assessors or witnesses a reasonable fee for their assistance
Reports from Overview and Scrutiny Committee
When the Overview and Scrutiny Committee has formed recommendations on proposals for development, it writes a formal report for the Proper Officer. If the proposals fit within the council’s existing Budget and Policy Framework, the Cabinet will consider them. If the proposals require a change to the Budget and Policy Framework, the report goes to the full Council instead.
If any recommendations are different from the professional advice given during the review, the report must say so.
If the committee can’t agree on one final report, then minority reports can be submitted along with the majority report. The Council or Cabinet must consider the report within one council cycle after it’s submitted.
Rights of the Overview and Scrutiny Committee
Members of the Overview and Scrutiny Committee have additional rights. These include:
- access to documents
- being notified about meetings (as set out in the access to information procedure rues)
This doesn’t stop the Cabinet and the Overview and Scrutiny Committee from liaising closely when needed, depending on the issue being discussed.
Councillors and officers giving account
An Overview and Scrutiny Committee or sub-committee can scrutinise and review decisions or actions taken by the Council. As part of this, they can ask any Cabinet member, the Chief Executive or senior officer to attend the committee meeting and explain:
- a particular decision or series of decisions
- how their actions implement council policy
- their performance
These people must attend if asked. When a councillor or officer is required to attend, the Chair will inform the Proper Officer, who will then inform the councillor or officer in writing, giving at least 15 working days’ notice of the meeting. The notice will explain what the person needs to talk about and whether they need to produce any documents for the committee.
If a report is needed, the councillor or officer will be given enough time to prepare it. If they can’t attend on the scheduled date due to exceptional circumstances, a new date can be arranged within a reasonable time.
Call In
The Overview and Scrutiny Committee can consider any proposed action by the Cabinet, using the ‘Call-In’ Procedure. This only applies to decisions the Cabinet makes using its executive powers, not recommendations it sends to the Council.
After a Cabinet meeting, its decisions are published within 4 working days. These decisions can be implemented on the 10th working day after the meeting, unless the ‘Call-In’ Procedure is triggered.
The ‘Call-In’ Procedure can be triggered within 5 working days, starting from the last working day the Cabinet’s decisions are published (so 9 working days following the Cabinet meeting, referred to as the ‘call-in period’).
For details of the call in procedure, see the full document:
Urgent decisions
If the Cabinet needs to make an urgent decision, the decision can be taken in consultation and agreement with the Chair of the Overview and Scrutiny Committee. This avoids the need for the urgent decision to be ‘called-in’. The decision takes effect immediately.
The record of the decision and the public notice about the decision must state:
- that it’s urgent and not subject to a ‘call-in’ (if this is the decision-making body’s opinion)
- the date the notice is published
- the date the decision comes into force
Any urgent decisions must be reported at the next Council meeting, along with the reasons why they were urgent.
A decision is considered urgent if waiting for the ‘call-in’ process would seriously harm the interests of the council or the public.
Procedure at the Overview and Scrutiny Committee Meetings
Overview and Scrutiny meetings consider:
- minutes of the last meeting
- declarations of interests
- consideration of decisions that have been ‘called in’
- Cabinet responses to Overview and Scrutiny Committee reports
- any other business listed on the agenda
When the committee conducts investigations, they can invite people to attend and give evidence. These meetings must:
- be fair, allowing all committee members to ask questions and take part
- treat committee meeting guests with respect and courtesy
Investigations must be conducted in a way that maximises the efficiency of the investigation or analysis.
Following any investigation or review, the committee or sub-committee prepares a report to submit to the Cabinet or Council, and makes it public.
Councillor Call for Action
Councillors have the right to raise issues with the Overview and Scrutiny Committee, even if they’re not members of it. This is called a Councillor Call for Action.
The Overview and Scrutiny Committee allows:
- its own members to raise relevant matters
- sub-committee members to refer relevant matters to their sub-committee
- any councillor to raise a Local Government Matter with the Committee, even if they’re not a member
When raising a Local Government Matter, councillors should consider any guidance from the Secretary of State.
If the committee decides not to exercise its powers, it must tell the councillor why.
The committee must provide any reports or recommendations it makes regarding the matter to the councillor.
A Local Government Matter in this context is one that:
- relates to the council’s functions
- affects the councillor’s ward or the people living or working there
- is not an Excluded Matter
Excluded Matters are:
- local crime and disorder matters (defined under Section 19 of the Policy and Justice Act 2006)
- matters relating to planning or licensing decisions
- cases where an individual or entity has a legal right to request a review or appeal
- matters that are discriminatory, vexatious or unreasonable to include on the agenda or discussed at the meeting
Crime and Disorder Committee
The Crime and Disorder Committee:
- reviews and scrutinises how the Elmbridge Community Safety Partnership carries out its crime and disorder functions
- writes reports and makes recommendations to the council or other relevant committees about the functions of the Elmbridge Community Safety Partnership
- shares those reports with the responsible organisations and partners involved in the Partnership
- considers Councillor Calls for Action related to local crime and disorder matters.
The committee can also use powers from the Crime and Disorder (Overview and Scrutiny) Regulations 2009, which include:
- asking officers or staff from responsible organisations to attend meetings
- requesting information from those organisations
More information
To learn more about procedure rules see the full document: