There is a duty for all English and Welsh councils to provide a scrutiny function under Local Government Act (2000) and Localism Act (2011) where there is an elected Executive Mayor and Cabinet Structure. Whilst scrutiny is not a decision-making body, it does have the authority to act as a ‘critical friend’ and provide a robust checks and balance function.
In 2019, the UK Government published and set out statutory guidance for overview and scrutiny function due to its importance to the successful functioning of local democracy.
To fulfil and support its role, councillors and co-optees on the Overview and Scrutiny Committee can and will:
- Hold the executive to account through scrutinising the council’s performance and key decisions affecting residents and the wider community
- Monitor Cabinet decisions to ensure they are robust and good value for money, particularly through budget scrutiny
- Work together as an independent group to raise issues, pre-decision scrutiny questions and consider decisions that are call-ins
- Request elected Mayor and Cabinet Member to attend the Overview and Scrutiny Committee and explain their decisions, council plans and performance
- Request the executive to submit a report to Full Council if it feels that a key decision has been taken without being published in advance.