Council Constitution

Part 3a - Terms of Reference and Scheme of Delegation

5. Personal and Health Services Scrutiny Panel

1. To review and scrutinise the decisions made or actions taken in connection with the discharge of any of the Council’s functions relating to the Personal Services and Community sector. Also, in accordance with the Health and Social Care Act 2001 and the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002, the NHS Trust functions relating to Tameside.
   
   
2. The Council’s scrutiny responsibilities in relation to the Pennine Care Mental Health NHS Trust will be undertaken by a Joint Committee set up under part 7 of the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002, with Bury, Oldham, Rochdale and Stockport Metropolitan Borough Councils.
   
   
3. To make requests or recommendations to the Full Council and/or the Executive and/or any District Assembly or joint committee in accordance with the discharge of any Executive functions in accordance with the Council’s Call In Procedure.
   
   
4. To consider any matter affecting the area or its inhabitants relating to the Personal and Health Services sector.
   
   
5. To exercise the right to call in for reconsideration executive decisions made but not yet implemented by the Executive, District Assembly or Panel.
   
   
6. To examine whether the Council is meeting its objectives set through the budget and policies and if this is not the case to suggest ways in which the Council may achieve this.
   
   
7. The Scrutiny Panel will receive decisions and relevant papers from the Executive Cabinet. The Panel will have the right to question Cabinet Members and the Senior Management Team on the implementation of decisions, policies and the budget.
   
   
8. In the event of any dispute howsoever arising as to whether the Scrutiny Panel has authority to consider any matter, such dispute shall be referred to the Borough Solicitor who shall at her/his absolute discretion, either:-
   
   
   1. provide a decision on the matter; or
   2. refer the matter to the Speakers Panel (Planning) for a decision.
       
9. The Scrutiny Panel shall not consider any matter relating to standards or behaviour, conduct, ethics or probity, directly or indirectly involving any Member or Officer of the Council. Any such matters shall, without debate, be immediately referred to the Borough Solicitor (and in the case of financial matters, also the Borough Treasurer) who shall on receipt of such information, seek further information as the Borough Solicitor or her/his nominee considers necessary, to prepare a full report for consideration by the Standards Committee or the Standards Board for England and thereafter the Borough Solicitor, or her/his nominee, shall submit a report for consideration, without delay, to the Standards Committee or the Standards Board for England where appropriate.
   
   
10. To present to Council the final report of all Scrutiny Reviews with the appropriate Cabinet Deputy being given the opportunity to make a formal response to the report.
    
    
11. To monitor and evaluate progress of recommendations of Scrutiny Reports, as appropriate.
    
    
12. To carry out an internal evaluation of individual Services Reviews within the remit of the Panel.
    
    
13. Scrutiny Panels cannot consider any matters that are the responsibility of the Speakers Panels nor scrutinise any of their decisions.
    
    
14. The Greater Manchester Health Scrutiny Panel to undertake scrutiny functions in respect of NHS North West, the North West Ambulance Trust, Christies Hospital, Greater Manchester Workforce Federation and Specialist Children’s Services provided by the Central Manchester and Manchester Children’s University Hospitals NHS Trust.
    
    
15. Regional and Sub-Regional Joint Scrutiny Committees to undertake the scrutiny function in respect of NHS consultations taking place on a regional or sub-regional basis that is not coterminous with Greater Manchester.