1. Number and arrangements for overview and scrutiny committees
Overview and scrutiny committees hold decision makers (Cabinet, Committees of Cabinet, individual portfolio holders, officers and any joint arrangements) to account. They also undertake in-depth research into performance and policy development.
The Council has the following overview and scrutiny committees (as set out in Article 6):
- Performance Monitoring Panel
2. Task-Groups
The Panels may appoint one or more task-groups to consider particular issues, which shall meet as appropriate. Each task-group shall comprise no more than 5 members who shall all be members of the appointing Panel. These task-groups may gather evidence and information and question individuals but will not have executive powers. Task-groups will report back to ordinary meetings of the appointing Panel. Once the Panel is satisfied that the work of a task-group is complete, the task-group shall cease to exist. The Access to Information Procedure Rules set out in Part 4, Section 2 of this Constitution apply to both Panels but do not apply to task-groups which shall not be required to meet in public.
3. Composition of Panels and Task-Groups
Only councillors, who are not members of the Cabinet, may be members of the Policy Development Panel and Performance Monitoring Panel or their task-groups. No member may be involved in scrutinising a decision in which he/she has been directly involved.
The Panels and Task-Groups may however invite any person to attend and/or present evidence or share their expertise with the Panels or their task-groups (see Rule 13 C below).
Up to two members of the South Holland Tenants Group (SHTG) may attend any meeting of either Panel where there is an item on the agenda for that meeting that relates to housing matters. Members of the SHTG may speak on the item or items relating to housing matters, but not vote, and they may not speak on any other item of business. Members of the SHTG must leave the meeting when the press and public are excluded, but may remain if the item is a housing matter, so long as that item does not relate to any individual tenant. The Panels and Task-Groups may also invite one member of the SHTG to attend any meeting as a witness, where that Panel or Task-Group is reviewing a housing issue.
4. Meetings of the Panels
The Policy Development Panel and Performance Monitoring Panel shall each meet 5 times per year in accordance with the schedule of meetings to be agreed. In addition, special meetings may be called when appropriate. Special meetings of the Panels may be called by:
- the chairman of the relevant Panel; or
- any five members, on submission of a written request to the Head of Customer, Legal and Member Services; or
- the Head of Customer, Legal and Member Services if he/she considers it necessary or appropriate.
5. Quorum
The quorum for the Policy Development Panel, the Performance Monitoring Panel or any task-group that may be established is one quarter of the membership, or three, whichever is the greater (see Rule 7 of the Council Procedure Rules).
6. Who chairs overview and scrutiny committee meetings?
(a) Performance Monitoring Panel
The Performance Monitoring Panel and any task-group of the Panel will be chaired by a councillor who is not a member of the largest political group on the Council, unless there is no such person serving on the Panel/task-group or any such person declines to accept the position. In such cases, the Panel/task-group may appoint such person to chair it from amongst the councillors sitting on it. The chairman of the Panel will be appointed at the first meeting of the Panel in each municipal year. The Vice-Chairman of the Performance Monitoring Panel may be any member of the Panel.
(b) Policy Development Panel
The Policy Development Panel and any task-group of the Panel will be chaired by a councillor drawn from among those sitting on the Panel/task-group. The chairman of the Panel will be appointed at the first meeting of the Panel in each municipal year.
(c) Annual Meeting
A special meeting of the Panels will be held on the same night, and immediately following, the meeting of Annual Council, where each Panel will appoint a Chairman and Vice-Chairman.
7. Work programme
The Policy Development Panel and Performance Monitoring Panel will be responsible for setting their own work programmes within the terms of reference set out in Responsibility for Functions - Part 3, Section 7 of this Constitution. In doing so they shall take into account the wishes of members on the Panels who are not members of the largest political group on the Council. The initial work programme will be agreed at the first ordinary meeting of each Panel following Annual Council.
8. Agenda items
(a) The agenda for each ordinary meeting of the Policy Development Panel and Performance Monitoring Panel will include the following standing items of business:
i) minutes of the last meeting;
ii) declarations of interest;
iii) questions asked under Council Procedure Rule 10.3;
iv) consideration of any matter referred to the Performance Monitoring Panel following call-in of a decision;
v) any items referred to the Panels by Cabinet or Council;
vi) responses of the Cabinet to reports of the Panel;
vii) work programme for information;
viii) consideration of any consultation under the Policy Framework and Budget Rules;
ix) Cabinet Forward Plan
x) the business otherwise set out on the agenda for the meeting.
(b) Any member of the Council may give written notice to the Head of Customer, Legal and Member Services that he/she wishes an item to be included on the agenda of a relevant Panel. If the Head of Customer, Legal and Member Services receives such a notification, then he/she will include the item on a future agenda of the relevant Panel for consideration by the Panel.
(c) The Panels shall also respond, as soon as their work programme permits, to requests from the Council and the Cabinet to review particular areas of Council activity.
9. Policy review and development - general
(a) The role of the Policy Development and Performance Monitoring Panels in relation to the development of the Council's Policy Framework and Budget is set out in detail in the Policy Framework and Budget Procedure Rules.
(b) In relation to the development of the Council's approach to any other matters not forming part of its policy and budget framework, the reporting arrangements are set out in Rule 10 below.
(c) The Panels and their task-groups may hold inquiries and investigate the available options for future direction in policy development. They may go on site visits, conduct public surveys, hold public meetings, commission research and do all other things that they reasonably consider necessary to inform their deliberations. They may ask witnesses to attend to address them on any matter under consideration. Attendance by witnesses is entirely optional (other than Cabinet members, the Chief Executive, Directors and Heads of Service).
10. Reports from the Policy Development and Performance Monitoring Panels
(a) Where the Policy Development Panel or Performance Monitoring Panel has considered matters under the Policy Framework and Budget Procedure Rules then the Panel must submit any response to the Cabinet.
(b) Where the Council has commissioned a Panel to undertake research, or review particular areas of Council activity then, once that research or review has been completed, the Panel must report its findings and any recommendations to the next ordinary meeting of the full Council or, where the next ordinary meeting is held within 7 days, to the next following ordinary meeting.
(c) Where the Cabinet has commissioned a Panel to undertake research, or review particular areas of Council activity then, once that research or review has been completed, the Panel must report its findings and any recommendations to the next ordinary meeting of the Cabinet or, where the next ordinary meeting is held within 7 days, to the next following ordinary meeting.
(d) Where a Panel has completed its deliberations on any other matter (for example, matters falling within the Panel's own work programme) then the Panel must forward any final report to the Cabinet for consideration. If the Cabinet supports the report, and the report has an impact on the Council's Policy Framework or Budget, then the Cabinet must refer the report, together with its recommendations, to full Council. If the Cabinet does not support the report, then it need not refer the report to the Council.
(e) If the Panel cannot agree on one single final report to the Council or Cabinet as appropriate, then up to one minority report may be prepared and submitted for consideration by the appropriate body with the majority report.
(f) Panels will in any event have access to the Cabinet's forward plan and timetable for decisions and intentions for consultation. Even where an item is not the subject of detailed proposals from a Panel following a consideration of possible policy/service developments, the Panel will at least be able to respond in the course of the Cabinet's consultation process.
11. Making sure that Policy Development and Performance Monitoring Panel reports are considered by the Cabinet
The agenda for Cabinet and Council meetings shall include an item entitled 'Any Matters Referred by Policy Development and Performance Monitoring Panels'.
12. Rights of Policy Development Panel and Performance Monitoring Panel members to documents
In addition to their rights as councillors, members of the Policy Development and Performance Monitoring Panels have the additional right to documents, and to notice of meetings as set out in paragraphs 22.1 and 22.2 of the Access to Information Procedure Rules in Part 4 of this Constitution.
13. Conducting Investigations
A) General
Where the Panels and task-groups conduct investigations (e.g. with a view to policy development), the Panels may also ask people to attend to give evidence at Panel meetings which are to be conducted in accordance with the following principles:
i) the investigation shall be conducted fairly and all members of the Panel shall be given the opportunity to ask questions of attendees, and to contribute and speak;
ii) those assisting the Panel by giving evidence shall be treated with respect and courtesy; and
iii) the investigation shall be conducted so as to maximise the efficiency of the investigation or analysis.
B) Members and Officers giving account during investigation
(This Rule does not apply to call-in which is dealt with separately under Rule 15 below.)
(a) The Policy Development and Performance Monitoring Panels or their task-groups may scrutinise and review decisions made or actions taken in connection with the discharge of any functions of South Holland District Council. This may include;
- scrutinising an area of work or decision
The Panel/task-group as a whole; OR
the Chairman of the Panel/task-group; OR
at least 3 members of the Panel/task-group
may require any member of the Cabinet, the Head of Paid Service, a Director or any Head of Service to attend before the Panel or Task-Group to explain (in relation to matters within their remit):
i) any particular decision or series of decisions;
ii) the extent to which the actions taken implement Council policy; and/or
iii) their performance
and it is the duty of those persons to attend if so required.
Any officers required to attend may be accompanied by more junior staff if they wish, for example to provide technical advice.
(b) Where any member or officer is required to attend a Panel or task-group under this provision, the chair of that Panel or task-group will inform the Head of Customer, Legal and Member Services, who shall inform the member or officer in writing giving at least 5 working days notice of the meeting at which he/she is required to attend. The notice will state the reason he/she is required to attend and whether any papers are required to be produced for the Panel or task-group. Where the account to be given to a Panel or task-group will require the production of a report, then the member or officer concerned will be given sufficient notice to allow for preparation of that documentation.
(c) Where, in exceptional circumstances, the member or officer is unable to attend on the required date, then the Panel or task-group shall in consultation with the member or officer arrange an alternative date for attendance.
(d) No officer shall be required under these provisions to discuss or comment on the merits of alternative policies which are political issues.
(e) The process shall not be used as an appeal mechanism.
C) Attendance by others during investigation
The Policy Development and Performance Monitoring Panels and their task-groups may invite people other than those people referred to in paragraph 13B above to address them, discuss issues of local concern and/or answer questions. It may for example wish to hear from residents, stakeholders and members and officers in other parts of the public sector and may invite such people to attend.
Attendance is entirely optional.
14. Procedure following conclusion of investigation
(a) Following any investigation or review, by a Panel, it shall prepare a report for submission to the Cabinet and/or Council as appropriate and shall make its report and findings public.
(b) Following any investigation or review by a task-group, it shall prepare a report for submission to the appointing Panel.
15. Cabinet Recommendations, Decisions and Call-in
Recommendations
(a) Where the Cabinet, a Committee of the Cabinet, an individual portfolio holder, an officer or joint arrangements proposes that action should be taken which would require amendment(s) to the approved Policy Framework and Budget then, unless Rule 6 of the Policy Framework and Budget Rules (urgent decisions outside the budget or policy framework) applies, the approval of full Council must be sought. In such circumstances the Cabinet, Committee of the Cabinet, individual portfolio holder, an officer or joint arrangements must, instead of making a decision, make a recommendation to full Council. The recommendation must include details of the proposed amendment(s) to the policy framework and budget, and the proposed action(s) which rely upon such amendment(s). The full Council must then decide whether or not it wishes to approve the amendment to the Policy Framework and Budget. If the Council does not approve the amendment then any proposed action(s) which rely upon that approval will automatically fall.
The Council may:
i) approve the proposed amendment(s) to the Policy Framework and Budget;
ii) reject the proposed amendment(s) in its entirety and refer the matter back to the decision maker;
iii) approve an alternative amendment(s) to the Policy Framework and Budget for reconsideration by the decision maker.
Where a recommendation must be submitted to full Council for approval the call-in procedure set out below will not apply.
(Where the decision maker is unsure whether a proposed decision is contrary to the Policy Framework and Budget reference should be made to Rule 5B of the Policy Framework and Budget Rules).
Decisions and Call-in
(Also see Rule 7 of the Policy Framework and Budget Rules)
(b) Where any decision is made by the Cabinet, a Committee of the Cabinet or an individual member of the Cabinet, or a key decision is made either by an officer with delegated authority from the Cabinet or under joint arrangements, notice of the decision shall be published, including where possible by electronic means, and shall be available at the main offices of the Council normally within 3 working days of being made. All members will be sent copies of the notice within the same timescale, by the person responsible for publishing the decision or recommendation. The notice will bear the date on which it is published and will specify that the decision will come into force, and may then be implemented, on the expiry of 5 working days after the publication of the decision, unless during that period (i) a notice complying with the requirements of (c) and (d) below is served on the Head of Customer, Legal and Member Services requesting that the decision be called-in, and (ii) the Head of Customer, Legal and Member Services approves the request for call-in. For the avoidance of doubt, this period will expire at 5.00 pm on the 5th working day or 4.30 pm on a Friday.
(c) Notice must be given on a form designed for that purpose, and must be signed by at least one councillor.
(d) The notice of call-in must specify the reasons for the call-in as fully as possible:
i) Always required - why the member/s signing the call-in notice are concerned about the decision; and
ii) Either this item or the item below must also be included - what action that member/those members consider the decision maker should take to address those concerns;
iii) Either this item or the item above must also be included - what alternative decision that member/those members consider should be taken.
Notice of call-in shall automatically be invalid unless it states why the members calling the item in are concerned (in accordance with i) above) together with a proposed course of action in accordance with either ii) or iii) above.
For clarification this Rule does not imply that scrutiny of the decision by the Performance Monitoring Panel shall be restricted to the issues identified in i), ii) and iii) above.
(e) If a notice is served on the Head of Customer, Legal and Member Services in accordance with (b), (c) and (d) above the Head of Customer, Legal and Member Services shall determine whether or not to call-in the decision for scrutiny by the Performance Monitoring Panel having regard to the delegated authority appended to these rules, and shall then notify the member/members who requested the call-in and the decision-taker of his decision. Where the Head of Customer, Legal and Member Services approves the request for call-in, he shall call a meeting of the Panel on such date as he/she may determine, where possible after consultation with the Chairman of the Panel, the Leader of the Cabinet/relevant portfolio holder(s)/officer (as appropriate) and the first signatory of the notice of call-in, and in any case within 15 working days of receipt of the notice of call-in.
Where a decision is called-in on the basis that it is contrary to the budget or policy framework the Monitoring Officer and/or the Chief Financial Officer as appropriate shall advise the Performance Monitoring Panel whether or not in their opinion the decision is contrary to the budget or policy framework.
(f) At least one of the Members who signed the call-in notice shall attend the meeting of the Performance Monitoring Panel to present their views and reasons for calling in the decision otherwise the matter called in will not be considered. Where any of the signatories of the call-in notice are also members of the Panel those members shall be entitled to participate in the discussion and voting on the matter at the Panel meeting in the usual way. Where:
- the call-in relates to a decision taken by the Cabinet or a Committee of the Cabinet, at least one appropriate Cabinet member or committee member who was in attendance when the decision was taken, shall also attend the meeting to answer relevant questions, but the question of which member shall attend shall be a matter entirely for the Leader or Deputy Leader to decide.
- the call-in relates to a decision taken by an individual portfolio holder then that member shall also attend the meeting to answer relevant questions. If in exceptional circumstances that member is unable to attend then that member shall brief the Leader or the Deputy Leader of the Cabinet who shall instead attend the meeting.
- the call-in relates to a key decision taken by an officer that officer shall also attend the meeting to answer relevant questions. If in exceptional circumstances that officer is unable to attend the meeting then that officer shall make arrangements for another officer, who is aware of the circumstances relating to the decision, to attend the meeting.
(g) If, following call-in of a decision the Panel does not meet in the 15 day period (to tie in with (j) below) set out in (e) above, or does meet but decides not to refer the matter back to the decision making person or body nor to refer the matter to the full Council, then the decision shall take effect on the date of the Panel meeting, or on the fifteenth working day following receipt of notice of call-in, whichever is the earlier.
(h) If, having considered the decision, the Panel is still concerned about it, then it may either (1) refer it back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns or (2) if, having taken the advice of the Monitoring Officer or Chief Finance Officer, the Panel considers that the decision is contrary to the Policy Framework or Budget, may refer the matter to full Council.
(i) If the Panel refers the matter back to the decision maker the decision maker shall then reconsider the matter as soon as possible, but normally within a further 15 working days. The decision maker must take into account the concerns of the Panel before adopting a final decision, which may or may not amend the original decision. The final decision shall not be subject to call-in (except on the grounds that the final decision is contrary to the Policy Framework or Budget) and may be implemented immediately, but in making the final decision the decision maker must explain the decision in relation to the concerns raised by the Panel and such explanation must be included on the notice of the decision.
(j) If the Panel refers the matter to full Council the Council shall meet within 15 working days of the Panel meeting. If the Council either does not meet within this 15 day period, or does meet but does not object to a decision, then the decision shall become effective on the date of the Council meeting or on the fifteenth working day following the Panel meeting, whichever is the earlier.
Where the Council, having taken into account the advice of the Monitoring Officer and/or the Chief Finance Officer, considers that the decision should not have been made because it is contrary to the budget or policy framework then the Council must decide whether or not it wishes to make an amendment to the budget or policy framework. The Council may either:
- approve an appropriate amendment to the budget or policy framework to enable the decision to be implemented, in which case the decision will take effect on the date of the Council meeting.
- refuse to amend the budget or policy framework and refer the matter back to the decision making body or person together with its views on the decision. The decision maker must then reconsider as soon as possible but normally within 15 working days of the Council request, and must take into account the views of the Council before making a final decision. The final decision shall not be subject to call-in except on the grounds that the decision is again contrary to the policy or budget framework. In making the final decision the decision maker must explain the final decision in relation to the view expressed by the Council and such explanation must be included on the notice of the decision.
- approve an alternative amendment to the budget or policy framework and refer the matter back to the decision making body or person for reconsideration together with its views on the decision. The decision maker must then reconsider as soon as possible but normally within 15 working days of the Council request, and must take into account the views of the Council before making a final decision. The final decision shall not be subject to call-in except on the grounds that the decision is again contrary to the policy or budget framework (as amended). In making the final decision the decision maker must explain the final decision in relation to the views expressed by the Council and such explanation must be included on the notice of the decision.
- determine that the decision is in accordance with the Policy Framework and Budget and has no further objections. The decision will take effect on the date of the Council meeting.
Where the Council considers that the decision is in accordance with the policy framework and budget but still objects to the decision then the Council will refer the decision back to the decision making person or body, together with the Council's views on the decision. The decision making body or person must then reconsider as soon as possible but normally within 15 working days of the Council request. The decision making body or person must take into account the Council's views before deciding whether to amend the decision or not and reaching a final decision. The final decision shall not be subject to call-in except on the grounds that the decision is contrary to the budget or policy framework. In making the final decision the decision maker must explain the decision in relation to the views expressed by the Council and such explanation must be included on the notice of the decision.
CALL-IN AND URGENCY
(k) The call-in procedure set out above shall not apply where the decision being taken by the Cabinet, a Committee of the Cabinet, an individual member of the Cabinet or an officer with delegated authority from the Cabinet or under joint arrangements is urgent for any of the following reasons:
(i) any delay likely to be caused by the call in process would seriously prejudice the Council's or the public's interests; or
(ii) the decision has been taken under Rule 15 or Rule 16 (items not included in the forward plan and that cannot wait until the next plan is published) of the Access to Information Procedure Rules; and/or;
(iii) the decision has been taken under Rule 6 of the Policy Framework and Budget Procedure Rules (urgent items outside of the Policy Framework and Budget).
The record of the decision, and notice by which it is made public shall state whether in the opinion of the decision making person or body, the decision is an urgent one, and therefore not subject to call-in.
Where (i) above applies the Chairman of the Performance Monitoring Panel must agree both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency. In the absence of the Chairman the Chairman of the Council or in his/her absence the Vice-Chairman's consent shall be required. In the absence of all three, the Head of Paid Service or his/her nominee's consent shall be required.
Where (ii) above applies the provisions of Rules 15 or 16 of the Access to Information Procedure Rules must be complied with.
Where (iii) above applies the provisions of Rule 6 of the Policy Framework and Budget Procedure Rules must be complied with.
Notwithstanding any further requirements under Rules 15 and 16 of the Access to Information Procedure Rules or Rule 6 of the Policy Framework and Budget Procedure Rules, decisions taken as a matter of urgency under (i), (ii) or (iii) above must be reported to the next available meeting of the Council, together with the reasons for urgency.
(l) The operation of the provisions relating to call-in and urgency shall be monitored annually, and a report submitted to Council with proposals for review if necessary.
16. Matters within the remit of both the Policy Development and Performance Monitoring Panel
INVITATION OF CHAIR OF OTHER COMMITTEE TO PARTICIPATE
Where the Policy Development Panel conducts a review or scrutinises a matter which also falls (whether in whole or in part) within the remit of the Performance Monitoring Panel and vice versa, then the Panel conducting the review shall invite the chair of the other Panel (or his/her nominee) to attend its meetings when the matter is being reviewed.
