SCRUTINY COMMITTEE
[REPORTING TO COUNCIL unless otherwise stated in
these Terms of Reference]
TERMS
OF REFERENCE:
DELEGATED FUNCTIONS:
1.
To perform the scrutiny functions on behalf of the
Council within the guidelines detailed in the Committee's
Protocol;
2. To
submit reports to the Council on the following;
(a) any Cabinet decision which is likely to
give rise to expenditure or savings above such thresholds as agreed
by the Council;
(b) matters of local
concern which are not the responsibility of the Council but which
nevertheless affect the Borough and/or its inhabitants;
(c) a Cabinet decision
which is likely to have a significant impact on two or more
Wards;
(d) a non-urgent
departure decision(s) which is;
(i)
a Cabinet decision(s) (not yet implemented) which is
contrary to the policy framework/budget;
(ii) a
Cabinet decision(s) (which has been implemented) and which is
considered to be contrary to the policy
framework/budget).
NB: The Council has no locus to
make a decision in respect of a Cabinet decision unless the Cabinet
decision is contrary to or not wholly consistent with the budget or
policy framework approved/adopted by the Council.
3. To appoint in accordance with Standing Order
58(4) such sub committee(s) as the
Committee considers appropriate to fulfil the scrutiny functions of
the Committee.
5. To hold the Cabinet to
account for the discharge of its executive functions by
scrutinising decisions after implementation
i.e. post decision scrutiny, in accordance with the Committee's
Protocol for the following purposes only:
(a)
to seek more understanding of the decision and its
implications;
(b)
to question the soundness of the
decision;
(c)
to identify the need for Council policies to guide
delegated decisions;
(d)
to examine the effect and outcomes of the decision
e.g. enquire into grants awarded by the Cabinet to voluntary
organisations in the Borough to see how effectively expenditure has
been targeted;
(e)
to make recommendations, including proposals for
changes to policies or practices, to the Cabinet.
NB: A
decision(s) may only be scrutinised once.
6. To scrutinise the discharge
of any other functions of the Council in accordance with the
mechanism(s) detailed in the Committee's Protocol.
7. To report to the Cabinet
and/or the Council in accordance with the Committee’s
Protocol on matters of local concern.
8. To seek comments from other
Committees/Boards in order to obtain a balanced view of the effects
of Council policy and Cabinet decisions.
9. Where appropriate, and as
part of the community consultation process, to seek input from
Councillors (including Members of the Cabinet), Officers, Tenants
Participation Compact, other interested stakeholders and
organisations and by drawing on the knowledge of
constituents’ views.
10.To receive finalised documents
relating to a key decision(s) in the Cabinet's forward
plan.
11.To scrutinise Cabinet forward plans with a view to deciding
which, if any, of the forthcoming Cabinet decisions the Committee
wishes to enquire into.
12.To report annually to the Council on the work of the
Committee.
13.To consider Monitoring Officer reports about lawfulness or
maladministration, which relate to Cabinet functions and consider
whether to hold a short enquiry into the matter the subject of the
report prior to the Cabinet's consideration of it.
14.To approve an
annual scrutiny work programme in accordance with Standing Order
58(8) including the programme of any sub-committee appointed by the
Committee to ensure that there is efficient use of the Committee's
(sub-committee's) time and that the potential for duplication of
effort is minimised.
15.
Health Scrutiny Functions
To
scrutinise any matter relating to the planning, provision and
operation of the health service in the Borough of Dartford, in
accordance with the Local Authority (Public Health, Health and
Wellbeing Boards and Health Scrutiny) Regulations 2013.
16.Discussion/Consultation
Papers
To
respond to discussion/consultation papers relating to matters
connected/associated with the functions of the Committee (i.e.
scrutiny) in accordance with the procedure set out in the Appendix
to these Terms of Reference.
17.Councillor Calls for
Action
To
consider any local government matter relevant to the
Council’s functions (other than crime and disorder) referred
to the Committee by a local ward Member, under the Councillor Call
for Action provisions in the Committee’s Protocol.
NB: the matter must be a genuine, significant and persistent
community concern referred to the Committee as a last resort,
because the usual channels for raising the concern e.g. Council
Officers, Cabinet, partner organisations etc have been unsuccessful.