Written evidence submitted by Durham County Council [OSG 079]

  1. Please find below Durham County Council’s submission in response to the call for evidence by the Communities and Local Government Select Committee in respect of the inquiry into overview and scrutiny in local government made on 24th January 2017.

Are scrutiny committees in local authorities in England effective in holding decision-makers to account?

  1. Durham County Council has the largest elected political body outside of the UK Parliament in England with 126 members. Durham operates a Cabinet and leader style model with a Cabinet of 10 portfolio holders including the leader and deputy leader.

 

  1. To provide accountability to the decision-making process, Durham County Council operates a robust scrutiny framework, with six overview and scrutiny committees covering the following areas:

 

 

  1. In addition to these committees, the Council operates an Overview and Scrutiny Management Board, which is responsible for overseeing and coordinating the work of overview and scrutiny and its committees. (See Constitution, Article 6 refers.) Durham County Council was the winner of the 2016 MJ award for Excellence in Governance & Scrutiny.

 

  1. Three specific statutory roles of overview and scrutiny are discharged through these arrangements in respect of health, flooding and crime and disorder.

Health

  1. The Adults, Wellbeing and Health Overview and Scrutiny Committee is designated as the lead committee on the review and scrutiny of NHS services under various statutes (Health and Social Care Act 2001, National Health Service Act 2006, Local Government and Public Involvement in Health Act 2007, Health and Social Care Act 2012.)

 

  1. The effectiveness of this committee as the designated health scrutiny committee (Health OSC) is attributable to two key factors. Firstly, the statutory powers given to health scrutiny committees to examine health service provision within their locality and the obligations placed upon the NHS to attend health scrutiny committees, provide information to these committees and also to respond to Health OSC reports and recommendations provide a robust and effective mechanism for committees to undertake this role.

 

  1. Secondly, there are excellent relationships in place within County Durham between the local authority, local NHS foundation trusts, clinical commissioning groups and specialist commissioners such as NHS England’s North East and Cumbria locality team and North East Commissioning Support. The strength of these relationships, we believe has led to key NHS partners valuing the input that local Government scrutiny can give to statutory consultations on changes to health services, particularly in terms of shaping consultation, communications and engagement strategies for such changes.

 

  1. Durham has also engaged in the establishment of two Joint Health OSC arrangements under the Health and Social Care Act 2012. The first was with Hartlepool BC and Stockton-on-Tees BC to examine proposals by Hartlepool and Stockton CCG and North Tees and Hartlepool NHS FT for the reconfiguration of emergency medical and critical care services. The second is an ongoing joint scrutiny arrangement chaired by Durham County Council and involving Durham County Council, Darlington BC, Hartlepool BC, Middlesbrough BC, North Yorkshire County Council, Redcar and Cleveland BC and Stockton-on-Tees BC to oversee the Better Health Programme / Durham Darlington Teesside, Hambleton Richmondshire and Whitby Sustainability and Transformation Plan.

Flooding

  1. The Environment and Sustainable Communities Overview and Scrutiny Committee is the designated flood risk management committee for the purposes of the Local Government Act 2000 as amended by the Flood and Water Management Act 2010 and the Localism Act 2011. The committee meets on an annual basis with the flood risk management authorities (RMAs) for County Durham (Durham County Council, the Environment Agency and the local water company Northumbrian Water Ltd.) to ensure that they have the relevant policies and plans in place to mitigate flooding in the county. These arrangements were formalised following a scrutiny review of flooding conducted by this committee.

Crime and Disorder

  1. The Safer and Stronger Communities Overview and Scrutiny Committee is the designated crime and disorder committee for the purposes of Part 3 of the Police and Justice Act 2006. This committee has been effective in holding the community safety partnership to account through:

 

General

  1. In addition to these specific scrutiny powers, there are general powers in relation to call-ins that are available to overview and scrutiny members to hold the executive to account. The power to call in a decision of Cabinet is not exercised very often in Durham County Council, the authority preferring to use scrutiny in a policy development role and it is through this early involvement that the necessity to use call-ins is negated.

To what extent do scrutiny committees operate with political impartiality and independence from executives?

  1. All OSCs in County Durham operate with political impartiality and independence from the Executive. However, we believe strongly in Durham that there is mutual benefit to be gained from developing a constructive relationship with the Executive, particularly where scrutiny can contribute to the development and formulation of policies and services prior to executive decisions thereon. Committees have a cross party membership and all members have an input into the content of work programmes of individual scrutiny committees and topics for review. Executive members are not involved in this process.

Are scrutiny officers are independent of and separate from those being scrutinised?

  1. The council has a dedicated team of scrutiny officers, which are independent and separate from those being scrutinised. However, the managers responsible for overview and scrutiny do manage other functions within the council. For instance, the Head of Planning and Performance designated as the council’s Scrutiny Officer under Section 31 of the Local Democracy, Economic Development and Construction Act 2009 also has responsibility for performance management, research and consultation, equalities, information management and the County Record Office.

How are chairs and members selected?

  1. Chairs and Vice Chairs of Overview and Scrutiny Committees and OSC memberships are selected at the Annual Meeting of the Council.

Are powers to summon witnesses are adequate?

  1. The statutory powers to summon witnesses from relevant organisations specifically covered by legislation in relation to health scrutiny, crime and disorder and flooding risk management and provide information and reports to members does provide a robust mechanism for public scrutiny.

 

  1. There would be great merit in giving local government overview and scrutiny additional powers similar to these in respect of academies and free schools, further education colleges, local housing providers, utilities services including broadband providers and major employers.

What is the potential for local authority scrutiny to act as a voice for local service users?

  1. The council operates 14 Area Action Partnerships (AAPs), which is a model of local governance in the county that gives people a greater choice and voice in local, affairs. These partnerships allow people to have a say on services and give organisations a chance to speak directly with local communities. Local members are involved in AAPs together with public organisations such as police, fire and health; community organisations including community associations and residents’ groups; voluntary groups; businesses and individuals interested in their communities. All AAPs identify their priorities at the start of the year through a public vote. Local members are therefore made aware of the priorities of local people through this process.

 

  1. Some of our scrutiny review activity has been as a direct result of issues brought to the attention of local councillors by residents. For instance, concerns raised following flooding incidents in 2012 resulted in a scrutiny review of flooding. A light touch review of parking on council land came about from concerns expressed by the community to their councillor.

 

  1. There is attendance by members of the public at many of our overview and scrutiny committees. This is usually because of the issues on the agenda. For example, meetings where topics such as air quality in Durham City and underground coal gasification of undersea coal deposits on the coast have been discussed, have generated public interest and attendance. Members of the public have also provided evidence to scrutiny hearings into issues such as flooding, health and wellbeing visits carried out by the fire and rescue service and young people attending East Durham College have attended a working group meeting looking at skills development in the county. There have been a number of occasions where members of the public have attended the Adults, Wellbeing and Health OSC to voice concerns and provide evidence in respect of proposed changes to health services. The benefit of public attendance at local authority scrutiny committees is the fact that they provide an opportunity for enhanced openness and transparency around decision making both within local government and also statutory organisations such as the NHS. However, a balance needs to be struck to ensure that local authority scrutiny is not used to replace other mechanisms of public engagement with the council, for example, complaints processes.

 

  1. The council try to encourage interest amongst young people in the democratic process and at least one meeting of the Children and Young People’s Overview and Scrutiny Committee is held each year in a local school where school pupils attend and observe the meeting.

Non-voting co-optees who are members of the public sit on a number of our overview and scrutiny committees. The two non-voting co-optees that sit on our Children and Young People’s Overview and Scrutiny Committee are both young people.

How are topics for scrutiny selected?

  1. Review topics are linked to individual overview and scrutiny work programmes, which in turn, are set around corporate and community priorities identified in the Council Plan and strategic partnership plans. Topics are selected for scrutiny by members of the committees and can be generated from performance reports (where poor performance suggests potential service failings, which may benefit from closer examination by scrutiny). Areas of public concern are another source where residents highlight issues or where there has been a proliferation of complaints about a particular service or policy, which may point to service failings. Notification of service changes within the council or by the council’s key partners in accordance with the statutory scrutiny roles detailed above also form part of our review programme.

What support is given to the scrutiny function by political leaders and senior officers, including the resources allocated?

  1. The council’s scrutiny function is valued by members and senior officers within the council. As well as having a dedicated scrutiny team (5FTEs plus line managers), there are a series of liaison officers across all services to facilitate the flow of information within the council and across the council’s key strategic partnerships. At Durham, the scrutiny function sits within the corporate centre alongside the corporate performance team.

What use is made of specialist external advisers?

  1. Where appropriate or necessary, specialist external advisors have been used to support members in undertaking scrutiny. For statutory health scrutiny, the Adults Wellbeing and Health OSC has appointed a member of County Durham HealthWatch as an organisational co-optee to the Committee. Other special advisers have included CVS organisations; the North East Clinical Senate; and relevant NHS organisations. We have co-opted officers from responsible bodies (a Chief Superintendent from Durham Constabulary and the Chief Fire Officer from Durham, Darlington Fire, and Rescue Service) that sit on our Safer and Stronger Overview and Scrutiny Committee under the Crime and Disorder (Overview and Scrutiny) Regulations 2009.

 

  1. We also have church/faith representatives and parent governors (under Schedule A1 of the Local Government Act 2000) that sit on Children and Young People’s Overview and Scrutiny Committee and the Overview and Scrutiny Management Board being the two committees that deal with educational matters.

 

  1. For individual reviews into community safety issues we have taken specialist advice from police officers, firefighters, paramedics, Accident and Emergency clinical personnel, the Environment Agency, experts and advocates in substance misuse. Scrutiny reviews of environmental issues have heard evidence and took advice from the Coal Authority, academics from the University of Durham, the Environment Agency, Northumbrian Water Ltd., the Woodlands Trust, and the Forestry Commission. A scrutiny review of tourism took evidence from the Dean and Chapter of Durham Cathedral, Beamish Museum and Radisson Blu Hotel, Durham. Reviews of the economy and employment have taken advice from local businesses like Esh Group Plc., Dyer Engineering, Caterpillar, East Durham College, Bishop Auckland College, New College Durham, Infinite Learning and Development, South West Durham Training, County Durham Housing Group and Chapter Homes. Reviews in children’s services have sought expertise from a consultant in emergency medicine, police officers with specialisms in child sexual exploitation and alcohol harm, Child and Mental Health Services and third sector organisations such as Churches Together in England. 

The effectiveness and importance of local authority scrutiny of external organisations

  1. As described above, for those statutory scrutiny functions of health, crime and disorder and flooding and coastal risk management scrutiny of external organisations within these areas is robust. There is a history of other responsible authorities covered by this legislation cooperating fully and there are some excellent examples of partnership working for the benefit of communities in County Durham. These arrangements also provide an opportunity for the wider public/community to raise issues regarding service delivery across a range of external organisations. There could however be more done to promote the benefits of local authority scrutiny across further sectors.  This could be a catalyst for similar levels of collaboration enjoyed in the three statutory scrutiny areas previously mentioned.

Examples where scrutiny has worked well and not so well 

Worked well

  1. NHS service changes – Working with NHS commissioners and providers to examine the effectiveness and robustness of public consultation, engagement and communications plans ahead of formal consultation has resulted in a more informed, evidenced based decision making processes.

Examples include

  1. Joint health review and scrutiny committee arrangements have ensured that where service changes affect communities across a number of local authority areas, robust arrangements for the scrutiny of these proposals are in place.

              Examples include:-

 

  1. Examples of effective scrutiny reviews in County Durham which delivered positive outcomes include:

 

Worked not so well

 

 

March 2017