Archived decisions
3D Policy review Appendix 2
1. Policy review (overview and scrutiny procedure)
1.1 The Council will have the Policy Review (Overview and Scrutiny) Committees(PRCs) set out in Chapter 6 of the Constitution, and it will appoint members to them in such numbers in political proportionality as it considers appropriate from time to time. The Policy and Resources PRC, having a corporate overview, may appoint working groups of members and officers . Such working groups may be appointed for a fixed period, if appropriate, on the expiry of which they shall cease to exist.
1.2 The PRCs' terms of reference are to act in relation to the matters in the right-hand column headed 'scope' in paragraph 6.3 of Chapter 6; and to exercise the general role and specific functions set out in paragraphs 6.4 and 6.5 of Chapter 6.
1.3 Members of PRCs - all Councillors (except members of the Executive) may be members of any PRC . No member may be involved in scrutinising a decision in which he or she has been directly involved.
1.4 Co-optees - each Policy Review Committee or working group shall be entitled to appoint any person or persons as non-voting co-optees where the committee or working group considers this would be advantageous to their work.
1.5 The Children and Young People PRC, when dealing with education matters, shall be a committee of the County Council acting in its capacity as a Local Education Authority and shall include in its membership the following voting representatives:
a. one Church of England Diocese representative
b. one Roman Catholic Diocese representative
c. three Parent Governor representatives
1.6 Meetings of Policy Review Committees
PRCs will normally meet four times a year , in accordance with a timetable to be published by the Chief Executive. In addition, extraordinary or ad hoc meetings may be called from time to time as and when appropriate. A PRC meeting may be called by the chairman of the relevant PRC ,, by a quorum of the members of the PRC or by the proper officer (Chief Executive) if he or she considers it necessary or appropriate.
Quorum - the quorum for a PRC shall be one quarter of the whole number of members, or three members, whichever is the greater.
1.7 Chairing Policy Review Committees
The Chairman and Vice-Chairman of each PRC shall be appointed by the Council at its Annual General Meeting. In the absence of the Chairman, the Vice-Chairman will preside. In the event that neither the Chairman nor the Vice-Chairman are present within 10 minutes from the time appointed for any meeting to begin, the Committee may appoint a person to chair it from amongst the Councillors sitting on it. Working groups shall appoint their own chairman from among their membership. An officer of the County Council may not chair a working group.
1.8 Work programme
PRCs will be responsible for proposing their own work programme of activities within their planned meetings structure and, in doing so, shall take into account wishes of members on that committee who are not members of the largest political group on the Council. The Policy and Resources PRC will oversee and determine the overall work programme of working groups.
1.9 Agenda items
Any member of a PRC shall be entitled to give notice to the proper officer (Chief Executive) that they wish an item relevant to the functions of the Committee to be included on the agenda for the next available meeting (Section 21(8) Local Government Act 2000). On receipt of such a request, the proper officer will ensure that it is so included.
The Council or the Executive may request a PRC to consider matters referred by it or them. Where this occurs, the matter shall be placed on the agenda of the next available, convenient meeting of the PRC and the PRC will decide what further action should be taken.
1.10 Reports from Policy Review Committees
a. Once it has formed recommendations on a particular matter, the PRC will request the proper officer (Chief Executive) to report to the Executive (if the proposals are consistent with the existing budgetary and policy framework), or to the Council as appropriate (eg, if the recommendation would require a departure from or a change to the agreed budget and policy framework).
b. The Council or Executive will consider the report of the PRC as soon as practicable after the report has been submitted to it or them.
c. In the event of any dispute between the Executive, the Council, and/or any PRC , it shall be resolved by the Council. If there is any issue as to whether a matter is a dispute that needs to be resolved by the Council, the Chief Executive shall advise, and if necessary, will place the matter on the Council agenda for the next convenient meeting. Where members of a PRC cannot agree on a single report, the report to the Council or the Executive shall contain a paragraph giving brief details of where there is dissent from the majority finding.
1.11 The Health Overview and Scrutiny Committee has direct statutory responsibility for publishing reports of reviews, with recommendations, and for undertaking consultation. Health bodies are statutorily required to respond. The Health Overview and Scrutiny Committee will expect other services and organisations to whom recommendations are addressed, including the County Council's own services, to respond in a similar way. The Health Overview and Scrutiny Committee will consider those responses, and will review the matter when recommendations have been acted upon to check that intended outcomes have been achieved.
1.12 Co-ordinating role
As provided for in its terms of reference, the Policy and Resources PRC, will co-ordinate the scrutiny function so as to ensure effective resource allocation, and that review reports are consistent and take account of corporate issues.
1.13 Rights of Policy Review Committee members to documents
a. In addition to their rights as Councillors, members of PRCs have the additional rights to documents and to notice of meetings, as set out in the Access to Information Procedure Rules in Part 3 of this Constitution.
b. Nothing in this paragraph prevents detailed liaison between the Executive and the PRCs as appropriate, depending on the particular matter under consideration.
1.14 Members' and officers' attendance at Policy Review Committees or working groups
a. A PRC or working group may scrutinise and review decisions made or actions taken in connection with the discharge of any Council functions within its terms of reference. As well as reviewing documentation, in fulfilling the scrutiny role, it may require any member of the Executive, the Head of Paid Service, and/or any other senior officer to attend before it to explain, or give evidence, in relation to matters within their remit.
and it is the duty of those persons to attend if so required.
b. Where any member or officer is required to attend a PRC or working group under this provision, they shall be given reasonable notice of the meeting they are required to attend. The notice will state the nature of the matter on which they will be asked to explain or answer, and they will also be given notice of whether any papers are required to be produced. Where attendance is likely to require the production of a report, the member or officer concerned will be given sufficient notice to allow for preparation of that documentation.
1.15 Attendance by others
A PRC or working group may invite people other than those referred to in the previous paragraph, to address it, discuss issues of local concern, and/or answer questions. This could include, for example, residents, external experts, stakeholders, and members and officers in other parts of the public sector. In the case of these people, attendance will be completely optional.
1.16 Call-in
a. All decisions of the Executive will be subject to Scrutiny and Review, and may be called-in for consideration by a quorum of the members of the relevant PRC s.
b. A decision must be called-in within 7 days of being notified to all members of the appropriate PRC(s) . The decision must then be considered by the PRC(s) and their view communicated to the Executive within a further period of 14 days.
c. Any decision of the Executive which is not in line with the Policy framework, other agreed policies; the budget, or the Forward Plan framework, if called-in, shall prevent the decision being actioned and shall be referred to full Council for decision.
d. Call-in shall not prevent the decision from being acted on where the decision is in line with the Policy Framework; other policies approved by the Council. But when the views of the PRC differ from, or are critical of, the Executive decision, the facts shall be reported to the next Council meeting and be debated.
1.17 Call-in and urgency
The call-in procedure set out above shall not apply where the decision being taken by the Executive is urgent. A decision will be urgent if it comes within the letter and/or spirit of paragraph 2.4 in the Executive arrangements, and because it might prejudice the Council's or the public's interests. 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. If it is considered urgent; then it will not be subject to call-in. The Chief Executive, or his or her nominee, will have to advise on the issue of urgency in all cases. Decisions taken as a matter or urgency must be reported by the Chief Executive to the next appropriate meeting of the relevant PRC , together with the reasons for the urgency. If considered appropriate, the PRC may refer the matter to the next appropriate meeting of the Council.
The operation of the provisions relating to call-in and urgency shall be monitored annually by the Governance Committee and a report submitted to Council with proposals for review, if necessary.