centre for public scrutiny

Scrutiny in local government was formally created by the Local Government Act 2000, as part of wider changes to the way councils made decisions. In all but a few (small) authorities, decision-making subject committees were abolished, and replaced by the “elected Mayor or Leader and Cabinet” model, by which executive power was vested in either a Mayor directly elected by residents of the local authority area or a council Leader with a small Cabinet of other members having the power to make decisions both individually and collectively. Local authorities were given overview and scrutiny functions which are the responsibility of other members not in the Cabinet, to balance these new arrangements.

The Health and Social Care Act 2001 gave councils the responsibility for scrutinising local NHS trusts, including Primary Care Trusts. Powers were further expanded by the Police and Justice Act 2006, which provided powers to scrutinise the work of Crime and Disorder Reduction Partnerships.
 
The Local Government and Public Involvement in Health Act 2007 gave more powers to local government to scrutinise other partner organisations, including bodies such as the Environment Agency. It also brings in other provisions that affect how scrutiny committees work, including powers over the creation of joint committees, and powers to resolve local problems through the Councillor Call for Action.

The Localism Act 2011 consolidates the content of the 2000, 2003, 2007 and 2009 Acts. It involves some minor amendments, particularly in the powers of district councils and the role of scrutiny as regards local partners.

More detail on the recent legislative changes can be found in Policy Briefing 14, published November 2011, and in the update to our legislative guide, "Pulling it together", being published in spring 2012.