Office of the Deputy Prime Minister | The Development of Overview and Scrutiny in Local Government

Office of the Deputy Prime Minister

The Development of Overview and Scrutiny in Local Government


CHAPTER 11
What is ‘good practice’ in overview and scrutiny?

1. INTRODUCTION

The aims and objectives of this project prompted the following fundamental questions: what is ‘good and innovative’ practice in overview and scrutiny?; what is ‘successful’ or ‘effective’ overview and scrutiny?; how can we identify ‘good’ overview and scrutiny? This concluding chapter addresses these fundamental questions. Drawing on the experience of a number of local authorities to date, it is possible to identify two key elements of ‘good practice’ or ‘effective scrutiny’: effective processes and tangible outcomes. Ultimately, successful scrutiny is a combination of these two factors. This chapter also explores the conditions for effective scrutiny; those factors which support the development of good practice.

2. GOOD PRACTICE IN TERMS OF PROCESS

As Chapter 3 demonstrated, local authorities are using a range of processes to undertake overview and scrutiny. ‘Good practice’ in terms of processes would involve:

  • Developing an inclusive approach, working to engage all relevant stakeholders, including partners and the public;

  • Working in a transparent way, where it is clear to all those involved how the overview and scrutiny process works;

  • Demonstrating accountability for the processes and outcomes of overview and scrutiny;

  • Being efficient in the work of overview and scrutiny, responding to the needs and aspirations of the community;

  • Working in a deliberative way which underpins an evidence-based approach to the way overview and scrutiny works;

  • Demonstrating a non-partisan approach to the work of overview and scrutiny, which places the needs and aspirations of the community above the consideration of party politics;

  • Strengthening the democratic process of decision-making through improving the quality of debate and initiating debate.

The report has provided a very wide range of good practice examples against all the process principles set out above. And it is also possible for authorities to work to identify ‘process outcomes’, for example:

  • quality and scope of public debate;

  • development of new evidence and arguments;

  • greater public awareness of reasons for decisions;

  • better informed and motivated non-executive/policy committee members.

Chapter 9 has provided information on how the above can be translated into performance indicators and success criteria.

3. GOOD PRACTICE IN TERMS OF OUTCOMES

However excellent an authority is in terms of its processes, ‘successful’ overview and scrutiny has to involve tangible and substantive outcomes. This means that overview and scrutiny committees must be able to demonstrate that they have achieved the aims and objectives for scrutiny and therefore have:

  • Held the executive (or relevant policy committee) to account;

  • Supported the development of effective policies and initiatives which have a beneficial impact on the community;

  • Contributed significantly to continuous improvement in services through best value;

  • Positively impacted on the work and outcomes of external agencies.

Demonstrating this ‘added value’ can be problematic since measuring ‘influence’ is not always a simple task. However, it is possible to develop indicators of success for outcomes as Chapter 9 illustrates.

4. CONDITIONS FOR EFFECTIVE OVERVIEW AND SCRUTINY

It is also important to consider the factors which support the development of effective or successful overview and scrutiny. Some work in this area has already been undertaken by Ashworth (2002 forthcoming) and Leach (2002 forthcoming). Ashworth used an analysis of the parliamentary select committee system to isolate five key factors which contributed to the success (or otherwise) of that particular system of scrutiny: range of powers; technical support; budgetary influence; one party dominance; and, relationship with the executive. Leach has identified four key conditions for successful overview and scrutiny: loosening of party group discipline; executive responsiveness to the work of scrutiny committees; genuine analytical capacity for scrutiny; and, appropriate management of scrutiny.

The findings of this project also point strongly towards a number of key conditions for successful overview and scrutiny. These are outlined in Table 29 below.

Table 29 The conditions for effective overview and scrutiny

  • Member leadership and engagement

  • Responsive executive (or policy committees in alternative arrangements)

  • Genuine non-partisan working

  • Effective direct officer support and management of scrutiny processes

  • Supportive senior officer culture

  • High level of awareness and understanding of overview and scrutiny

Member Leadership and Engagement

Overview and scrutiny can only work in the longer term if scrutiny councillors drive the process and provide genuine leadership. And this is not a task just for the chairs and vice chairs but a wider number of members must be actively engaged and enthusiastic about scrutiny. These members also have to demonstrate the appropriate skills, competencies and knowledge to undertake this work.

Responsive Executive/Policy Committees

A responsive executive – or policy committees in alternative arrangements – which is willing to listen to and be influenced by, overview and scrutiny is a pre-requisite for effective scrutiny. However, where executives ‘stone wall’ overview and scrutiny it is still possible for committees to work to combat this, through influencing full council, engaging and influencing partners and the public.

Genuine Non-Partisan Working

In local authorities, the traditions and culture of party politics colours the relationship between the party groups. However, most authorities we have seen appear to have developed good cross-party working within overview and scrutiny committees. Certainly the relaxation of party group discipline (including self-discipline) will be vital factor in the long term development of local authority scrutiny.

Effective Direct Officer Support and Management of Scrutiny Processes

Where members must lead and ‘own’ the scrutiny processes, officer support is required to manage the range of scrutiny processes, including work programmes, meetings, agenda, minutes and so on. The findings from this research project clearly identify a link between investment in officer support and effectiveness of overview and scrutiny arrangements. Those authorities that had invested more in terms of officer support (and other resources, including training and payment of expert witnesses) had reaped the rewards.

Supportive Senior Officer Culture

A supportive senior officer culture for overview and scrutiny is just as important as a responsive executive (or policy committee). Both decision-making members and senior officers can work to effectively smother the effectiveness of overview and scrutiny. It is an important condition for effective working that senior officers welcome and support the challenge and added value that overview and scrutiny can bring. In particular, senior officer support is vital in terms of the provision of effective direct officer support and the general responsiveness of officers in departments to the requests and demands from overview and scrutiny.

High Level of Awareness and Understanding of the Work of Overview and Scrutiny

A pre-condition for effective overview and scrutiny is that internal and external individuals and organisations are aware of, and understand, the work of this function within new council constitutions. Educating officers and non-scrutiny members about the role, processes and potential of overview and scrutiny is an important task; as is raising the awareness of the work of overview and scrutiny committees with partners, the public and the local media.

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Published 17 October 2002
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