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1.

Introduction

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Pursuant to statute and the MCA Constitution, the Overview & Scrutiny Committee has power to review or scrutinise decisions made in connection with the discharge of any functions which are the responsibilities of the Mayor or the Authority;

In particular, the Overview & Scrutiny Committee has power to review or scrutinise a decision which has been made but not yet implemented, and to direct that a decision is not to be implemented while it is under review or scrutiny by the Scrutiny Committee or to recommend that the decision be reconsidered.

“Call-in” is the term used for this practice of immediate post-decision scrutiny.

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The statutory requirement for call-in is contained in Schedule 5A Local Democracy, Economic Development and Construction Act 2009 and allows Elected Members to call in a decision made by the Mayoral Combined Authority that has yet to be implemented.

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The Overview and Scrutiny Committee cannot change the decision; however, it can refer the matter back to the decision maker to ask for the decision to be reviewed or consider an alternative course of action. 

2.

The Call-In Process

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Mayoral Combined Authority decisions are published on the SYMCA website within 3 clear working days of the meeting being held or decision taken.

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Five members of the Overview and Scrutiny Committee, to include at least one member from two different Constituent Councils, may call-in a decision eligible for call-in by written request to the Scrutiny Officer. The Scrutiny Officer will inform the people listed below:

a. The Overview & Scrutiny Committee

b. Chair and Portfolio Lead of the Mayoral Combined Authority

c. Statutory Officers of the Mayoral Combined Authority

Any request to call-in a decision must be made within 5 working days of the decision being published on the SYMCA website. 

A meeting of the Committee must be convened within 10 working days of the decision to call-in. In the event that it is not possible to convene a quorate scrutiny meeting within this period such a meeting must instead be convened as soon as practicable to consider the call in.

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The following categories of decisions are not eligible for call-in:

a.       if it has already been considered by the Scrutiny Committee, and where recommendations have been accepted by the decision-maker either in whole or without significant addition or modification.

b.      a decision that the decision-taker has certified urgent (giving reasons) in accordance with the Authority’s Constitution,

c.       a decision relating to a matter which has already been the subject of a call-in during the previous six months;

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At the Overview and Scrutiny Committee meeting, a spokesperson for the Call-In signatories will explain the reason for call-in and present any appropriate documents.

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The Chief Executive or their nominee will attend the Overview & Scrutiny Committee to give the Mayoral Combined Authority’s viewpoint and answer any questions from Overview & Scrutiny Committee

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After debate, the Overview and Scrutiny Committee has two options:

·       To offer no recommendations, in which case the decision may be implemented immediately; or

·       To make recommendations back to the Mayoral Combined Authority with a request that the decision be reconsidered (with reasons). 

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If the Overview and Scrutiny Committee makes recommendations, the Mayoral Combined Authority must then hold a meeting to reconsider the decision within 10 working days.  

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The Chair of the Overview and Scrutiny Committee may attend the Mayoral Combined Authority board meeting to present the Overview and Scrutiny Committee’s findings. 

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The Mayoral Combined Authority can still decide to go ahead with implementing the decision, but a reason for this must be published if it goes against the Overview & Scrutiny Committee’s recommendation(s).