Scrutiny by Councillors

5th December 2024

Councillors’ Scrutiny Role

Local authorities in Scotland are tasked with delivering essential services to communities, including housing, education and waste management. Given the importance of these services and the expenditure of public funds involved in their delivery, it is vital that councils are subject to robust scrutiny in order to ensure that they are accountable, transparent and effective.

Councillors, as elected representatives, are responsible for assisting the public in scrutinising the delivery of services. It is vital, though, that in exercising their key scrutiny role, councillors adhere to the provisions in the Councillors’ Code of Conduct.

So how do certain provisions in the Code impact upon a councillor’s scrutiny role?

Respect and Courtesy

The Code requires councillors to treat everyone with courtesy and respect, when acting in that capacity. This applies even in circumstances where they disagree with someone else’s views, decisions or actions. By its very nature, scrutiny involves challenge, and councillors are entitled, and may even be expected, to do so robustly. The Code does not seek to restrict this. It does, however, require councillors to be respectful when challenging others and expressing their views. Councillors should focus on the issue itself, rather than making any personal comments about their political opponents or any council officers. They should always be mindful about how others could reasonably perceive their conduct and that, even if it is not their intention to be disrespectful or discourteous, their behaviour could be interpreted as such.

Relations with Council Officers

Councillors require information in order to undertake their scrutiny role properly and effectively. Elected members have a right of access to information held by their council, including a legal right under statute and common law to inspect council documentation. The Code requires them, however, to behave with courtesy and respect when requesting information from council officers. As such, councillors should always consider not only what they are asking for, but also the way in which they are making any request. Councillors should always bear in mind that they enjoy an inherent position of power over officers, especially more junior members of staff. This means that officers may feel pressured to respond to the request immediately, regardless of the priority of any other tasks they are required to complete. Councillors should, therefore, be careful not to make unreasonable demands of officers.

The Code also requires councillors to refrain from criticising publicly the conduct, performance or capability of officers. A failure to adhere to this can have a detrimental impact on the efficient and effective running of the council.

For example, if a councillor was concerned about the adequacy of a risk assessment outlined in a report they are due to consider, it would be more helpful and constructive to say “I consider there is insufficient information to enable me to consider fully the risks involved. Can more analysis on the potential risks be provided?”, rather than to directly criticise the report’s author.

Inappropriate Involvement in Operational Matters

The Code also requires councillors to refrain from becoming inappropriately involved in operational matters, being the day-to-day running of the council, as that is the responsibility of officers. Councillors should not, therefore, seek information for the purpose of becoming involved in, or directing, decisions on matters that are operational in nature. An example of this could be asking for detail that is not required or making multiple requests for the same or similar information. If councillors do not understand what they receive or do not consider what they are receiving is what they require to assure themselves they are able to make informed decisions, they should raise the issue with an appropriate senior officer, such as the relevant Head of Service.

The Standards Commission has produced an Advice Note for councillors on Distinguishing Between their Strategic Role and any Operational Work, and also, in conjunction with the Improvement Service, a Briefing Note on councillors’ Right of Access to Information Held by the Council. Both notes can be found here.

Confidentiality

When exercising their scrutiny role, councillors must also be careful not to disclose confidential information. They should only use confidential information to undertake their duties as a councillor and for the purpose for which it was provided. It should not be used in any way for personal or party-political advantage, or to discredit the Council. An example of a breach of the Code could be where a councillor discloses confidential information on an ongoing commercial tender,  provided to them as part of their scrutiny role. This is because such a disclosure could expose the Council to unnecessary commercial, financial and reputational risk.

Adherence to the Code should not be viewed as a barrier or a means of restricting effective scrutiny. Instead, it ensures councillors remain focused on the bigger picture and the strategic nature of their role.