BOROUGH OF POOLE

SCRUTINY BOARD

9 JANUARY 2008

LOCAL GOVERNMENT AND PUBLIC INVOLVEMENT IN HEALTH ACT 2007 -

IMPLICATIONS FOR SCRUTINY

REPORT OF THE HEAD OF LEGAL AND DEMOCRATIC SERVICES

1. PURPOSE OF REPORT

1.1 To outline for Members of the Scrutiny Board, implications arising for the Scrutiny process from the recently enacted Local Government and Public Involvement in Health Act 2007.

2. RECOMMENDATIONS

2.1 Members are recommended to note the implications outlined in this Report and to add their support to the proposed changes to Overview and Scrutiny discussed elsewhere on this Agenda.

3. BACKGROUND

3.1 The Local Government and Public Involvement in Health Act introduces a large number of revisions of relevance to Local Government but, this report focuses on the implications for the Overview and Scrutiny process. Overview and Scrutiny was a new duty introduced by the Local Government Act 2000 to counterbalance the new executive arrangements introduced for most Authorities under that Act. Overview and Scrutiny has taken time to develop in a Local Authority context and there is still a perception that it does not operate as effectively as it might. The Borough of Poole does recognise that whilst there are some strengths inherent in the current system of Overview and Scrutiny operated here, and some examples of positive Scrutiny, improvements are needed to enable the Authority to respond effectively to the Government’s Agenda and the expectations of local residents.

3.2 As detailed elsewhere on this Agenda, the Council is currently considering changes to Overview and Scrutiny which will introduce a more unified programme and will allow Scrutiny to be more closely aligned to the Council’s priorities.

4.0 CHANGES REQUIRED BY THE 2007 ACT

· The Government envisages increasingly effective Scrutiny arrangements to call the Executive to account as the powers of Council Leaders and Executives are enhanced.

· Overview and Scrutiny Committees will be encouraged to focus on more strategic issues and this is encouraged by the widening of the scope of Scrutiny to include other partners, Local Area Agreements and other key strategic plans.

· Overview and Scrutiny Committees will need to consider specific matters regarding the actions of local public service providers and the actions of key public service bodies operating in the Local Authority area. Public Service providers will have a duty to cooperate with Scrutiny Committees by appearing before them or providing information to the Committee within 20 working days “in so far as their actions relate to functions or service delivery connected with the Authority”.

· Committees will have to copy any recommendations to the Bodies affected. These Bodies will in turn need to have regard to them in exercising their functions and the Council will need to consider how effectively those Bodies have responded. Overview and Scrutiny Committees will have a stronger role in policy development allowing local Councillors to advise the Executive and ensuring local perspectives influence decisions.

· Overview and Scrutiny Committees will be required to consider issues raised by Councillors through the Community Call for Action initiative.

· There is the facility under the Act to set up Area Overview and Scrutiny Committees which might include co-opted non-Councillors.

4.1 The Community Call for Action will need to be embedded in the Council’s Constitution, although the Borough of Poole Constitution already envisages matters of local concern being placed on the Agendas of both Area Committees and of Scrutiny Committees. The thrust of the Community Call for Action is that matters of concern will be dealt with at an early stage by Members and Officers and it is only if these matters cannot be resolved that they will appear on Overview and Scrutiny Committee Agendas. Our Constitution already allows any Member to request a matter be placed on a Scrutiny Committee Agenda.

4.2 Legislation will also require that a Committee of the Authority picks up the requirement to scrutinise crime and disorder matters. This will not require a separate Committee to be formed but the Council will need to allocate this duty to one of the new Overview and Scrutiny Committees.

4.3 In terms of scrutinising Local Strategic Partnerships, Local Area Agreements and Multi Area Agreements, there will be the facility, if required, to set up joint scrutiny arrangements with other parties involved if this is thought helpful in scrutinising these areas of activity.

4.4 The legislation also contains provisions strengthening the requirement for the Executive to consider and respond to recommendations from Overview and Scrutiny. Since there are already similar provisions in the Borough of Poole Constitution it is unlikely that we will need to do much more than minor redrafting to accommodate these requirements.

5. PRACTICAL STEPS TO RESPOND TO THESE MATTERS

5.1 Since the Council’s Overview and Scrutiny provisions are already under detailed review, these required changes can be absorbed into the process. A joint Constitution and Overview and Scrutiny Working Party has already met twice. Its recommendations will be considered by a meeting of the Service Provision Scrutiny and Audit Committee in January and a special Council Meeting in February. When reporting the Working Party recommendations to the Service Provision Scrutiny and Audit Committee the detailed technical amendments to the Constitution required to embody these changes will also be presented for Members’ consideration and approval.

Tim Martin, LLB Solicitor

Head of Legal and Democratic Services



1