Chair Confidentiality Advisory Group (CAG)

Candidate information pack:

Chair – Confidentiality Advisory Group (CAG)

Closing date

Friday 24 November 2017

Closing time

4pm

Submit electronically (preferred) to:

Submit hard copy to

Confidentiality Advice Team

Health Research Authority

Skipton House
80 London Road
London
SE1 6LH

Electronic and paper applications received after this time will not be considered further

Shortlisting confirmation (by email)

/ Wednesday 29 November 2017

Interview date

Monday 04 December 2017

Background

The remit of the HRA is to protect and promote the interests of patients and the public in health and social care research. We do this by supporting and promoting a robust and efficient regulatory and governance framework in the UK. We provide the Research Ethics Service (RES), Confidentiality Advice function, assessments and assurances on behalf of the NHS, and learning, guidance and advice for the research community. Our ambition is to make the UK a great place to do research, where more money invested in research goes into carrying out relevant, good quality research.

Our purpose is to ensure that research involving NHS patients and members of the public is approved through a proportionate and robust system, that they are provided with the information they need to help them decide whether they wish to take part, and that their opportunity to do so is maximised by simplifying the processes by which high quality research is assessed. We have already delivered significant improvements by centralising and simplifying the approval of research in the NHS in England, and are undertaking a range of significant programmes to deliver further improvements.

To achieve our purpose, we work with all relevant partners to help create an environment where:

greater numbers of patients and the public can and do take part in health research, and continue to feel safe when they do;
applying to do research is simpler, and getting a decision is quicker;
researchers find it easier to do high-quality, ethical research;
the NHS appreciates how health research benefits patients and staff;
industry sees the UK as a great place to do health research;
more money from charities and other research funders goes into carrying out research, and less into getting through unnecessary hoops before it starts;
clinical trials are registered and research results get published.

The HRA has a number of functions. We:

are the Appointing Authority for RECs in England and provide the RES;
by agreement with the Devolved Administrations, we support a UK-wide system for ethical review in the UK;
appoint the Confidentiality Advisory Group; an expert group which provides independent advice to the HRA regarding the appropriate use of confidential patient information without consent in the NHS for research, and for other purposes, such as commissioning health services.
Provide HRA Approval for the NHS, including assessments and coordination of technical assurances by staff, as part of a compatible system across the UK
work in partnership to coordinate our activity with other organisations regulating and governing research, including the Medicines and Healthcare products Regulatory Agency (MHRA), Human Tissue Authority (HTA), Human Fertilisation and Embryology Authority (HFEA), National Institute for Health Research (NIHR) and Administration of Radioactive Substances Advisory Committee (ARSAC);
provide advice and support through our advice service, published guidance, information and training programmes;
provide the Integrated Research Application System (IRAS), through which all applications for regulation and governance of health research are made in the UK, and have agreed plans to provide a unified approval process from the IRAS platform;
have an on-going programme of work to shape effective national roles for the HRA, within our remit to provide a unified approval process and to promote proportionate standards for compliance and inspection.

The HRA relies on the members who serve on its committees, who give their time freely to provide a robust and independent review of research and other relevant proposals.

We are looking to recruit a Chair to lead the CAG advisory function in all aspects of its work.

Role of the Confidentiality Advisory Group

The CAG is an advisory committee of the Health Research Authority and delivers two important roles set out in statute:

To consider applications to access relevant information without consent under the NHS Act 2006 and the Health Service (Control of Patient Information Regulations) 2002

Access to patient and service user information without consent is a privilege and the CAG takes its responsibilities seriously. Applications are varied, relate to both research and non-research activities and are received from academic, NHS, local government, government bodies and national organisations. The CAG considers these applications and provides its independent advice to the decision-makers: the Secretary of State for Health (via the Department of Health) and the Health Research Authority. Where support is provided, data can be disclosed to specified persons without a breach of the common law duty of confidentiality. The CAG acts as an important and independent safeguard to help improve public confidence in the appropriate use of information..

To provide advice to NHS Digital on aspects related to its data dissemination, under the Care Act 2014.

This is a developing role and one that takes place in collaboration with NHS Digital.

The significant element of the role is to effectively and impartially chair the Confidentiality Advisory Group (CAG) to ensure that all relevant research and non-research applications reviewed by the CAG are provided with a clear recommendation. The ideal candidate will be able to credibly represent the CAG, lead and bring together a group of expert and lay members, ensure all views are taken into consideration when CAG provides its advice, and be able to understand and operate within the legal and policy frameworks governing the use of information within health and social care.

The Chair, as the leader and public face of the CAG, is responsible for ensuring consensual decision-making when formulating its advice, ensuring that relevant legal and policy considerations are explored and recommendations provided are robust with clear rationales for the recommendation. All advice provided by the CAG is transparent and made publicly available on the HRA website.

The Chair will work closely with the current chair team (vice Chairs and alternative vice-Chairs). They will also be supported by the HRA’s Confidentiality Advice team on all issues related to the CAG remit and process within the remit of the Standard Operating Procedures and CAG Governance remit.

The Chair will demonstrate excellent chairing skills and the ability to bring together a group of individuals, while demonstrating the highest standards of independence and impartiality in all elements of the role in order to ensure the credibility of the CAG function is maintained.

Qualities required for the role

Membership of the CAG will be drawn from a range of backgrounds however we are looking for a Chair who is knowledgeable, passionate and committed to the role of the CAG, who is able to work effectively and collaboratively, support the function it delivers and support the delivery of balanced recommendations and advice. The CAG would welcome applications from anyone who meets the criteria.

The successful applicant will already have, or be willing to rapidly develop, an understanding of clinical or health service research, application of the common law duty of confidentiality, patient consent and use of ‘Section 251’; knowledge of information governance and research processes and an understanding of the current issues currently impacting on use of information within the NHS and other sectors including social care. They will also demonstrate exceptional organisational, leadership and collaborative skills.

To help you decide if you wish to apply for appointment for the role of CAG Chair, we have listed below the main responsibilities, and the criteria that will be applied when assessing candidates. To be considered, you must be able to demonstrate within the application form that you have the qualities, skills and experience to meet the essential criteria.

Role Description

The main responsibilities of the CAG Chair are to ensure that the CAG provides robust and transparent advice.

Role overview

The CAG is an advisory committee of the Health Research Authority and delivers two important roles set out in statute:

To consider applications to access relevant information without consent under the NHS Act 2006 and the Health Service (Control of Patient Information Regulations) 2002

To provide advice to NHS Digital on aspects related to its data dissemination, under the Care Act 2014.

This is a developing role and one that takes place in collaboration with NHS Digital.

Key responsibilities

The main responsibilities of the Chair include:

Effective chairing of allocated face to face CAG meetings, ensuring recommendations reached are consensual and the views of lay and expert members are fully taken into account when providing advice to the decision makers or NHS Digital. Responsible for reading all papers, ensuring all items are adequately considered, and that the meetings run to time.

Drawing out member views and ensuring a balanced, fair, and reasoned conclusion, with clear ability to balance different views, the legal framework and underpinning policy frameworks, and patient and public considerations.

Ensuring, with support, that all advice provided by the CAG is consistent, and where deviating from a position, that the rationale is clearly explored and justified in the circumstances

Taking active steps to ensure all members of the CAG feel supported and part of one cohesive group, and that the Chair officials operate as a consistent team. Offer support or mentorship as required to CAG officials and members. Ensuring availability to the Advice Team (via email) on a planned or ad hoc basis to support the delivery of the function and advice provision outcomes.

Effective chairing, through virtual review, of allocated sub-groups, precedent-set review applications, and amendments/annual reviews where appropriate, and that responses are provided to timescales

Ensuring all advice provided by the CAG is delivered to the standard key performance indicators

Showing leadership at a national level through supporting and protecting the capacity and competence of CAG to fulfil its terms of reference, deliver its objectives and to ensure it remains a trusted and credible source of independent advice to the Secretary of State for Health, Health Research Authority and NHS Digital

Credibly participating or presenting at meetings, with support, sometimes at a national level, where relevant to the CAG Chair role.

Developing effective and ongoing relationships with key stakeholders, where relevant to the CAG Chair remit

Ensuring individuals and the function operates within standard operating procedures, CAG Governance remit and supporting policies and procedures within the HRA.

Advising the Chair and Chief Executive or appropriate Directors at the HRA, senior civil servants and others on relevant matters arising from the CAG function

A good understanding of the challenges faced by researchers and other applicants, and the information governance environment within both health and care

Promote broader public and patient understanding of CAG’s work, in conjunction with other members of CAG, the Advice Team, and the HRA.

To be aware of and undertake training in Equality & Diversity and to ensure all applicants, members, potential members and staff are treated fairly and equally regardless of age, sex, sexuality, religion, disability or race.

Person specification

The successful candidate should be able to demonstrate the following experiences, skills and knowledge:

Experience

Experience of successfully chairing a group or committee, preferably at a national or appropriately equivalent level

Experience of chairing a significant group to ensure all business is credibly achieved within timescales

Proven ability to successfully draw together different perspectives to reach a consensual and robust conclusion

Experience in working successfully with groups and individuals at all levels within and between organisations

Proven experience in being able to listen, synthesise and constructively engage a variety of views, while supporting and leading consensual decision-making, and to reach clear and robust conclusions.

Respected in sphere of work

Skills

A real interest and enthusiasm in the promotion of patient privacy; ability and understanding to recognise situations where the public interest means support may be necessary

Clear understanding of the legal frameworks relevant to the CAG function, or with the intellectual ability to rapidly absorb and consistently apply these frameworks

Significant effective and collaborative chairing skills with ability to draw out lay and expert perspectives to ensure a balanced recommendation

Enthusiasm and willingness to further develop the competencies required to excel in the role so that the CAG is effectively represented

Excellent and approachable communication skills both verbally and in writing so that the CAG is credibly represented and members feel part of one group

Demonstrate independence and impartiality

Self-awareness to know when further advice is required

Outcome-focused with excellent attention to detail

Knowledge

Good knowledge of the NHS environment

Understanding and knowledge of information governance considerations at the national and policy level, with understanding and awareness of the practical implications of implementation

Strong understanding of, and ability to apply, the relevant legal and policy frameworks. This includes the common law duty of confidentiality, Data Protection legislation (and forthcoming changes), the national bodies involved in information governance aspects within the health environment, information governance related laws, policy and national guidance.

Support for the role

The Health Research Authority values the important contribution the role of the CAG Chair provides in the review of applications and in supporting the members in delivering a credible advisory function. The following are provided to support the Chair role:

CAG officials (currently 2 x vice Chair and 2 x alternative vice-Chairs). The delivery of the CAG function is currently split, by mutual local agreement, between the Chair and officials

Confidentiality Advice Team. This team maintains the day to day operations of the CAG under the COPI Regulation function and liaises with applicants and other key stakeholders on behalf of the CAG so the Chair and member role is focused on priority matters. They produce the advice recommendations based upon the CAG discussions and liaise with the decision-makers. The Head of Service provides more direct support to the Chair and officials in relation to the discharge of the function to advise NHS Digital and through advising on more complex matters, broader policy contexts and legal frameworks where applicable

Away day. The CAG holds two away days per year that provide the opportunity for issues of particular note and relevance to be debated in detail.

Education items. The CAG aims to have education sessions every two months on specific topics to help develop member knowledge and understanding.

Some questions you may have

Please note, this is a voluntary position and as such does not accrue employment rights under employment legislation.

What kind of person would make a good Chair?