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Article 8: Overview and Scrutiny

8.01 Terms of Reference

The Council will appoint the Overview and Scrutiny Commissions set out in the left hand column of the table below to discharge the functions conferred by Section 21 of The Local Government Act 2000 in relation to the matters set out in the right hand column of the table below.

8.02 Overview and Scrutiny Board

(a) The Council will appoint an Overview and Scrutiny Board, and a Chair and Vice Chair of the Board.

(b) The Board will consist of 10 Councillors drawn from amongst those Councillors who are not members of the Cabinet. The Chairs and Vice-Chairs of the Overview and Scrutiny Commissions will be members of the Overview and Scrutiny Board.

(c) A Councillor must not be involved in scrutinising a decision in which he/she has been directly involved.

8.03 Role and Function of the Overview and Scrutiny Board

The Overview and Scrutiny Board will exercise the following functions:

i) Consider matters relating to the conduct and procedures of the Commissions;

ii) Develop mechanisms for addressing cross cutting issues and for preventing duplication in the work of individual Commissions. Where matters fall within the remit of one or more Commission, to determine which of them will assume responsibility or set up a joint ad hoc Commission as below.

iii) Establish ad hoc scrutiny panels; this includes:-

(a) Determining their size and membership;
(b) Setting their terms of reference;
(c) Appointing the Chair and Vice Chair;

iv) Approving a list of individuals to become co-opted members of a Commission, or a list of organisations to be invited to nominate a representative as such a member;

v) Education representatives - The Education and Learning Commission shall include in its membership the following voting representatives:

(a) One Orthodox Jewish community representative;
(b) One Church of England Diocesan Board for Schools representative;
(c) One Roman Catholic Westminster Diocesan Schools Commission representative;
(d) Two parent governor representatives; and
(e) One representative from the North London Muslim Association and one from the Free Churches Group of Churches Together in England, both as non-voting members.

vi) Recommend a rolling programme of scrutiny and review annually to the Council;

vii) Revise the rolling programme on behalf of the Council on a quarterly basis, reporting to the Council any revisions made;

viii) To assist in meeting (vi) above, the Elected Mayor and Deputy Mayor will meet regularly with the Overview & Scrutiny Board to discuss how they can participate in the Overview & Scrutiny Board work programme;

ix) Revise the rolling programme of Overview & Scrutiny, having consulted with the Cabinet and the Elected Mayor, and reporting any revisions made to the work programme to Council;

x) Monitor the resources of the Council available for scrutiny and actively review those resources;

xi) Consider a request made by any 5 members of the Council for the calling in of a Cabinet decision;

xii) In considering its recommendations to the Council as to the annual programme of scrutiny and review, the Overview and Scrutiny Board shall have regard to the following:

• Referrals to it by the Council, Cabinet or a Neighbourhood Committee or Forum or an Estate Committee
• Petitions received from the public
• Items proposed for the programme by members of the Overview and Scrutiny Board
• Recommendations from Regulatory Committee or Standards Committee.

xiii) Annual Report. The Overview and Scrutiny Board must report annually to Full Council on their workings, and make recommendations to Full Council for future work programmes and amend working methods if necessary.

8.04 General Role of Overview and Scrutiny Commissions

Within their terms of reference the Overview and Scrutiny Commissions will:-

(i) Exercise an overview of the Community Strategy for the purpose of contributing to policy development.

(ii) Review and/or scrutinise decisions made or actions taken in connection with the discharge of any of the Council's functions within their terms of reference. This would include looking at decisions after they have been implemented.

(iii) Make reports and/or recommendations to Full Council and/or the Cabinet and/or the Regulatory Committee and/or any Neighbourhood Committee in connection with the discharge of any Council functions;

(iv) Consider any matter affecting the area or its inhabitants within the remit of the commission;

(v) Where referred to it by the Overview and Scrutiny Board, exercise the right to call in for reconsideration decisions made but not yet implemented by Cabinet;

(vi) Exercise responsibility for the finances made available to them.

8.05 Specific Functions of Overview and Scrutiny Commissions

(a) Policy Development and Review

i) Assist the Council and the Cabinet in the development of the budget and policy framework by in-depth analysis of policy issues.

ii) Conduct research, and consult with the community, on the analysis of policy issues and options available to the Council;

iii) Consider and implement mechanisms to encourage and enhance community participation in the development of policy options;

iv) Liaise with other external organisations operating in the area, whether national, regional or local, to ensure that the interests of local people are enhanced by collaborative working; and

v) Consult (or question) members of the Cabinet and Chief Officers (accompanied by other officers as appropriate) about their views on issues and proposals affecting the area.

(b) Scrutiny

i) Review and scrutinise the decisions made by, and performance of, the Elected Mayor and the Cabinet, other Committees and Council officers both in relation to individual decisions and over time.
This may include looking at decisions after they have been implemented;

ii) Review and scrutinise the work of the Council in relation to its policy objectives, performance targets and/or particular service areas;

iii) Question members of the Cabinet and Chief Officers about their decisions and performance, whether generally in comparison with service plans and targets over a period of time or in relation to particular decisions, initiatives or projects;

iv) The Health in Hackney Scrutiny Commission will carry out Health Scrutiny in accordance with Section 7 and regulations under that section of the Health and Social Care Act 2001, relating to reviewing and scrutinising health service matters.

v) Make recommendations to the Full Council and/or the Cabinet arising from the outcome of the scrutiny process via the Overview & Scrutiny Board

vi) Review and scrutinise the performance of other public bodies in the area and invite reports from them by requesting them to address the Overview and Scrutiny Commission and local people about their initiatives and performance;

vii) Question and gather evidence form any person outside the Council (with their consent);

viii) Receive references from Neighbourhood Committees and Forums and Estate Committees and initiate reviews of issues as required.

(c) Community Representation

i) To promote and put into effect closer links between Overview and Scrutiny members and the local community.

ii) To encourage and stimulate an enhanced community representative role for Overview and Scrutiny members including enhanced methods of consultation with local people.

iii) To liaise with the Council's consultative Neighbourhood Committees, Estate Committees and Forums that the local community might participate in the local democratic process and, where considered appropriate, to seek the views of the Neighbourhood Committees and Forums on matters that affect or are likely to affect the local area.

iv) To keep the Council’s Neighbourhood Committees and Forums under review and to make recommendations to the Cabinet and/or Council as to how participation in the democratic process by local people can be enhanced.

v) To receive petitions, deputations and representations from local people, and other stakeholders about matters of concern within the Overview and Scrutiny remit, to refer them to the Cabinet, appropriate Committee or officer for action, with a recommendation for a report if the Commission considers that necessary.

8.06 Proceedings of Overview and Scrutiny

Overview and Scrutiny Commissions and the Overview and Scrutiny Board will conduct their proceedings in accordance with the Overview and Scrutiny Procedure Rules set out in Part 4 of this Constitution.