Local Government Scrutiny Toolkit

Inspection of Accounts

Legal Basis

This right is established under the Local Audit and Accountability Act 2014 and the Accounts and Audit Regulations 2015.

How to Inspect Accounts: Step by Step

1. Find the inspection period
   The council must publish a notice of the 30-working-day inspection period. This usually occurs in June/July. Check your council's website, look for notices on their homepage or in the "Finance" or "Accounts" section. The notice must be published at least one working day before the inspection period begins.
2. Register as a local elector
   Only local electors (people registered to vote in the area) can inspect accounts. Ensure you're on the electoral register.
3. Book an appointment
   Contact the council's finance department or the person named in the inspection notice. You must inspect the accounts during the inspection period at reasonable times. The council must provide facilities for inspection.
4. Decide what to inspect
   You can examine all books, deeds, contracts, bills, vouchers, and receipts relating to the accounts. Consider focusing on:
   • High-value contracts and their procurement process
   • Payments to specific suppliers or consultants
   • Travel and expenses claims
   • Payments to related parties
   • Any areas of concern from the published accounts
5. Attend the inspection
   Take notes and, if permitted, photographs (ask first). Be professional and respectful. You may need multiple visits for complex matters.
6. Make copies
   You have the right to make copies of the documents, though the council may charge a reasonable fee.

Making an Objection

• Identify grounds for objection
  You can object if you believe an item of account is:
  • Contrary to law (unlawful spending)
  • The result of misconduct or a failure to bring into account money that should have been accounted for
  You cannot object simply because you disagree with a decision or think money was wasted.
• Write to the auditor
  Find the auditor's details in the inspection notice. Your objection must:
  • Be in writing
  • Include your name and address
  • Identify the specific item(s) you're objecting to
  • Explain why you believe it's unlawful
  • Provide supporting evidence
• Wait for the auditor's consideration
  The auditor must consider your objection and decide whether to issue an advisory notice, refer the matter to court, or take other action.

Freedom of Information Requests

What You Can Request

You can ask for any recorded information, including:

• Emails and correspondence
• Reports and briefing papers
• Meeting minutes (beyond those already published)
• Contracts and procurement documents
• Financial information and spending data
• Policies and procedures
• Statistics and data held by the council

How to Make an FOI Request: Step by Step

1. Check if the information is already public
   Search the council's website, publication scheme, and open data portal. If it's already available, you don't need to make a request. Many councils have FOI disclosure logs showing previous requests and responses.
2. Identify what you want
   Be specific but not too narrow. Instead of "all information about planning," try "the planning officer's report for application ref: [number] and any correspondence between the applicant and the council between [dates]."
3. Submit your request
   You can:
   • Email the council's FOI team (often foi@[council].gov.uk)
   • Use WhatDoTheyKnow.com (a free FOI request website)
   • Use the council's online FOI form
   • Write by post
   Your request must:
   • Be in writing (email is fine)
   • Include your name (can be a pseudonym on WhatDoTheyKnow)
   • Include a contact address (email is fine)
   • Describe the information you want
4. Wait for acknowledgment
   The council should acknowledge your request. They have 20 working days to respond (not including school holidays for educational institutions).
5. Receive the response
   The council must either:
   • Provide the information
   • Explain why they're withholding it (with reference to specific exemptions)
   • State they don't hold the information
   • Ask for clarification (this doesn't reset the clock unless your request is genuinely unclear)

Common Exemptions

• Personal information (s.40): Information about individuals is protected by data protection law
• Commercial interests (s.43): Information that would harm commercial interests
• Legal professional privilege (s.42): Communications with lawyers
• Information intended for future publication (s.22): Must be reasonable and have a publication date

What to Do If You're Not Happy

1. Request an internal review
   Write to the council asking them to review their decision. They should respond within 20 or 40 working days.
2. Complain to the ICO
   If still unsatisfied, complain to the Information Commissioner's Office (ICO) at ico.org.uk. The ICO can order the council to disclose information.
3. Appeal to the Tribunal
   If the ICO sides with the council, you can appeal to the First-tier Tribunal (Information Rights).

Subject Access Requests (SARs)

What You Can Get

A SAR can reveal:

• Emails mentioning you or sent by you
• Case files and records about you
• Notes from meetings or phone calls about you
• Assessments or reports written about you
• Internal discussions about decisions affecting you
• CCTV footage showing you

How to Make a SAR: Step by Step

1. Identify what you want
   Be specific about:
   • Time period (e.g., "all emails mentioning me between Jan-June 2024")
   • Type of information (e.g., "all case notes from the housing department")
   • Specific incidents or decisions
2. Prove your identity
   The council needs to verify you are who you claim to be. You'll typically need to provide:
   • Photocopy of passport or driving licence
   • Recent utility bill or bank statement showing your address
3. Submit your request
   Write to the council's Data Protection Officer (DPO) or use their SAR form. Include:
   • Your full name
   • Your address
   • Details of the information you want
   • Your identity documents
   • Any reference numbers (case numbers, planning ref, etc.)
4. Wait for a response
   The council has one calendar month to respond. They can extend this by two months if your request is complex, but they must tell you within the first month.
5. Review what you receive
   Check that you've received everything relevant. The council should explain any redactions (information removed).

Information That Can Be Withheld

• Relates to other people: Third party personal data (unless those people consent or it's reasonable to disclose)
• Legal professional privilege: Communications with lawyers about legal advice
• Would prejudice legal proceedings: If disclosure would harm ongoing legal cases
• Is manifestly unfounded or excessive: If you're making repeated identical requests

What to Do If You're Not Happy

1. Challenge redactions or delays
   Write back asking for specific redactions to be reconsidered.
2. Complain to the ICO
   If unsatisfied with the response or if the council misses the deadline, complain to the Information Commissioner's Office at ico.org.uk.

Cost: SARs are free in most cases.

Public Meetings and Questions

Types of Meetings

• Full Council: All councillors meet to make major decisions. Usually held monthly or quarterly.
• Cabinet/Executive: Senior councillors make day-to-day decisions. Usually held monthly.
• Scrutiny Committees: Committees that review decisions and performance. Open to public.
• Planning Committee: Decides planning applications. Often the most attended by public.
• Other committees: Licensing, standards, audit, etc.

Your Rights

1. Attend meetings
   You can attend any public meeting. Check the council's "Committee meetings" or "Democracy" pages for dates, times, and agendas.
2. View agendas and reports
   Agendas and reports must be published at least 5 clear working days before a meeting (under the Local Government Act 1972).
3. Access background papers
   You have the right to inspect background papers listed in reports (s.100D Local Government Act 1972).

How to Ask a Public Question

1. Check the council's rules
   Each council has its own procedure for public questions, usually in the "Constitution" or "Standing Orders." Find out:
   • Which meetings allow public questions
   • How much notice you need to give (often 3-5 working days)
   • How many questions you can ask
   • Time limits for questions
2. Write your question
   Your question should be:
   • Clear and concise (usually max 100-200 words)
   • About council business, not personal matters
   • Respectful and not defamatory
   • Focused on a single issue
3. Submit your question
   Send to the Democratic Services team by the deadline. Include your name and address.
4. Attend the meeting
   You may be invited to ask a supplementary question. Have a concise follow-up ready!

Filming and Recording Meetings

You have the right to film, photograph, and audio-record public meetings (under the Openness of Local Government Bodies Regulations 2014). However:

• You must not disrupt the meeting
• The chair can stop you if you're being disruptive
• You cannot record exempt (private) sessions

Petitions

Types of Petitions

• Standard petition: Council must respond and may debate it
• Petition for debate: Triggers a council debate (usually requires more signatures)
• Petition to hold officer to account: Senior officer must attend a scrutiny committee (if thresholds met)

How to Start a Petition: Step by Step

1. Check the council's petition scheme
   Every council must have a petition scheme. Find it on their website. This tells you signature thresholds and what issues you can petition about.
2. Choose your issue
   You can petition about most issues that are the council's responsibility. You generally cannot petition about:
   • Individual planning or licensing decisions
   • Matters being dealt with by courts
   • Individual staff disciplinary matters
3. Draft your petition
   Your petition needs:
   • A clear statement of what you want
   • Background information explaining the issue
   • What action you want the council to take
4. Collect signatures
   You can collect signatures on paper, online, or both. Each signature needs:
   • Name
   • Address (usually just postcode)
   • Signature (for paper petitions)
   Only local people can sign (residents, workers, or students in the area).
5. Submit your petition
   Once you have enough signatures:
   • Submit online via the council's e-petition system
   • Hand it to a councillor at a Full Council meeting
   • Send it to the Democratic Services team
6. Await the response
   The council must acknowledge your petition and tell you what they'll do. This might include a written response, debate at Full Council, or scrutiny committee hearing.

Signature Thresholds (Examples)

Complaints Procedure

What You Can Complain About

• Poor quality service (e.g., bins not collected repeatedly)
• Delays in service delivery
• Rude or unhelpful staff behavior
• Failure to follow council policies or procedures
• Incorrect or misleading information
• Failure to respond to correspondence
• Discrimination

The Complaints Process: Step by Step

Stage 1: Informal Resolution

1. Try to resolve it locally
   Before making a formal complaint, contact the service directly. Speak to a manager or supervisor. Keep a record of who you spoke to and what was said.

Stage 2: Formal Complaint to the Council

1. Submit a written complaint
   Use the council's online complaint form or write to the Complaints team. Your complaint should include:
   • Your contact details
   • Clear description of what happened
   • When it happened
   • What you've done to try to resolve it
   • What you want the council to do to put it right
   • Any supporting evidence
2. Await the Stage 1 response
   The council should respond within 10-20 working days. The response should address each point you raised and explain what action will be taken.
3. If unsatisfied, request Stage 2 review
   Write back asking for your complaint to be reviewed by a senior manager. Explain why you're unsatisfied with the Stage 1 response.

Stage 3: Local Government and Social Care Ombudsman

1. Exhaust the council's process first
   The Ombudsman usually won't investigate until you've been through the council's full complaints process.
2. Submit a complaint to the Ombudsman
   Complain online at www.lgo.org.uk. You'll need details of your complaint, evidence of the council's responses, and explanation of the injustice you've suffered.
3. Ombudsman investigation
   If the Ombudsman takes your case, they'll investigate independently and issue a decision (can take months).
4. Ombudsman's decision
   If they uphold your complaint, they can recommend remedies like apology, financial compensation, service improvements, or corrective action.

Complaining About Councillors

If you believe a councillor has breached the Code of Conduct, complain in writing to the council's Monitoring Officer. Sanctions are limited (apology, training, removal from committees).