Overview and Scrutiny in Local Government
This note provides an introduction to overview and scrutiny committees in local authorities, their development and the relevant legislative provisions. It also notes specific powers available to local councils to scrutinise other bodies. The note principally covers England, with some reference to Scotland, Wales and Northern Ireland.
Overview and scrutiny committees were established in English and Welsh local authorities by the Local Government Act 2000. They were intended as a counterweight to the new executive structures created by that Act (elected mayors or leaders and cabinets). Their role was to develop and review policy and make recommendations to the council.
Today, the legislative provisions for overview and scrutiny committees for England can be found in the Localism Act 2011. Those for Wales are in the Local Government (Wales) Measure 2011, and those for Northern Ireland are in the Local Government Act (Northern Ireland) 2014. There are no specific legislative provisions for separate executive structures or overview and scrutiny in Scotland, though some Scottish local authorities do operate scrutiny committees alongside executive structures.
Local authorities also manage processes of ‘external scrutiny’, where their committees look at issues which lie outside the council’s responsibilities. In England, specific powers exist to scrutinise health bodies, community safety partnerships, and Police and Crime Commissioners. Combined authorities are also required to establish overview and scrutiny committees.