The Principles and Ways of Working of the Health Scrutiny Committee

Agenda Item 9

BOROUGH OF POOLE

REPORT TO HEALTH SCRUTINY COMMITTEE

24 APRIL 2006

THE PRINCIPLES AND WAYS OF WORKING OF THE HEALTH SCRUTINY COMMITTEE

1. Purpose of Report

1.1To propose to Members of the Health Scrutiny Committee new principles and ways of working for the Committee.

1. Recommendations

Members are asked to

2.1Endorse the contents of this Report.

2.2Ask Officers to develop a programme of future activity on the basis of this document and Members’ discussions; and

2.3To refer to Cabinet/Council the proposal that the Constitution be amended to enable the Health Scrutiny Committee to carry out its duties as per the Health and Social Care Act 2001, as set out in paragraph 6.2 of this Report.

1. Background

3.1On 8th February 2006, a Health Scrutiny Working Party met and developed recommendations to change the principles and ways of working to be adopted by the Health Scrutiny Committee, as set out in this report. The new principles and ways of working show how the Health Scrutiny Committee agenda has changed in the last two years with new responsibilities given to the Committee at both a local and national level. There has also been a move to joint ways of working, for example, the current working party across the Health Scrutiny Committee, Poole Primary Care Trust and Patient and Public Involvement (PPI) forums which are looking at ways to tackle health inequalities.

3.2The Committee has considered significant changes within local health services, with such presentations in the past year becoming a far more prominent part of the Committee’s work: for example with changes to the TORCH service proposed by Dorset Health Care Trust and those being proposed to implement “Commissioning a Patient Led-NHS”.

3.3 This has also led the Committee to working collaboratively with neighbouring Health Scrutiny Committees. At officer level, work will be undertaken in the coming months with Dorset and Bournemouth Councils to develop a joint protocol in line with national best practice on Health Scrutiny Committee’s role in considering significant changes in local health services.

1. Principles of Working

The Health Scrutiny Working Party recommended that the following principles should guide the work of the Health Scrutiny Committee:

1.Its work should focus on health improvement and reducing the health inequalities within Poole’s population

2.It should view the tasks of health improvement as a shared responsibility. The health of any area is affected by more than the NHS and many agencies, including the Council, are involved in it.

3.Health Scrutiny Committee should work in liaison with relevant Public and Patient Involvement Forums as part of a Patient-Led NHSand seek to listen to and reflect the views of residents, patients and service users and carers.

4.It should be a constructive activity. Our partners in health should view any interchange as positive, if at times challenging and aimed at improving the health of Poole’s people.

5.It should avoid party politics when considering issues.

6.The Health Scrutiny Committee should, where appropriate, work with the Committees of neighbouring Councils.

5.Ways of Working

5.1 The Health Scrutiny Working Party felt that the Committee should be flexible in its way of working, adopting the most appropriate method for the task at hand with a variety of methods used.

It also proposed that the Committee should:-

1.Meet once every cycle.

2.Employ a “Select Committee Style” approach for examining issues where this would add value and bring in external expertise.

3.Set up “Task and Finish” Working Parties as a tool to investigate Health Scrutiny issues, as appropriate with a recommendation to have only one working Policy running at a time.

4.Invite representatives of relevant Public and Patient Involvement Forum (PPIF) Representatives to attend Committee meetings and Working Parties.

5.Work to an agreed Forward Plan based on priorities identified by the Committee and also to enable local Health Trusts, elected members and PPIF representatives to place matters of significant concern on the Agenda.

6.Identify individuals or a small group of members to develop a special interest link with particular Trusts in order that members develop a more detailed knowledge of that Trust’s services and issues. This link role would include visiting the Trust to meet managers/staff and on occasion Board members at approximately 6 monthly intervals and linking with the Patient and Public Involvement Forums (PPIFs).

5.2The proposed Work Programme for the Health Scrutiny Committee is attached as Appendix 1 for Members for discussion. This has been based on priorities identified to date by Committee Members.

6.Legislative Powers of the Health Scrutiny Committee

6.1 Legislation provides Health Scrutiny Committees with specific powers and places duties on NHS bodies. Existing guidance to support health overview and scrutiny does not prescribe how the powers should be implemented, allowing local authorities to develop an approach that reflects their own organisational and local needs.

To be successful a Health Scrutiny Committee needs to have:

• access to information about the health of its local population;
• information about the factors that impact on health
• information about the services and resources that are available with the NHS
• information about services provided by other organisations

6.2NHS bodies are required to provide information to Health Scrutiny Committee’s when requested, subject to some exemptions. (as set out in s5(3), The local Authority (Overview and Scrutiny Committee Health Scrutiny Functions) Regulations 2002)

Health Scrutiny Committees also need mechanisms to collect the views of patients and the public about what could be improved and must take into account all relevant available information including that provided by Public and Patient Involvement Forums (PPIFs).

As per the Health and Social Care Act 2001 the Health Scrutiny Committee may:

a)review and scrutinise any matter relating to the planning provision and operation of health services in the area of the committee’s local authority;

b)make reports and recommendations to local NHS bodies and the local authority on any matter reviewed or scrutinised;

c)require the attendance of an officer of a local NHS body to answer questions and provide explanations relating to the planning provision and operation of health services in the area of the committee’s local authority;

d)require a local NHS body to provide information relating to the planning, provision and operation of health services in the area of the committee’s local authority, subject to exemptions outlined in the Health and Social Care Act 2001;

e)establish joint committees with other local authorities to undertake overview and scrutiny of health services;

f)delegate functions to overview and scrutiny of health to another local authority committee;

g)be able to report to the Secretary of State for Health or Monitor:

(i)where the committee is concerned the consultation on substantial variations or development of services has been inadequate;

(ii)where the committee considers that the proposal is not in the interests of the health service.

6.3 Health Scrutiny Committees do not have right to inspect NHS premises, although NHS bodies are likely to be comfortable with planned visits from Health Scrutiny Committees.

Extract from Substantial Variations and Developments of Health Services, The Centre for Public Scrutiny, December 2005, pp 7-8

6.4 The Terms of Reference of the Health Scrutiny Committee are attached as Appendix 2. At present, the Health Scrutiny Committee is unable to exercise its powers as set out under the Health and Social Care Act 2001. Members are asked to seek an amendment to the constitution allowing the Committee to make its own decisions in relation to the powers conferred by the Health and Social Care Act 2001 in paragraph 6.2.

JAN THURGOOD

Policy Director (Social Services)

Contact Officer: Gareth Broom, Democratic Support Officer

Appendix 1

HEALTH SCRUTINY COMMITTEE - WORK PROGRAMME

Item / Report Author / Presenter / Month
1. Monitoring Report – Pharmacy Contract
2. Out of Hours GP Services
3. Ways of working and forward programme in Health Scrutiny
4. Work and Future Developments of Dorset Ambulance NHS Trust
5. Budget and Finance 2006/07 Poole Primary Care Trust
6. Delivering Race Equality in Mental Health Provision
Information Only
Government Progress on banning smoking / Adrian Dawson
Adrian Dawson/ Ken Wennan
Jan Thurgood
Ken Wennan
Adrian Dawson
Jane Elison and
Julia Reid
Adrian Dawson/ Jan Thurgood / 24th April 06

FOR FUTURE MEETINGS

• ½ day Seminar on “Better Standards for Health” Self-Assessments (January 2007)
• Annual Health Check Declarations
• Dental Services
• Development of Mental Health Strategy
• Dorset, Poole and Bournemouth Local Protocol for dealing with significant variations in Health Services
• Each PPI Forum to present their key issues
• Foundation Trust Status for DHCT (date tbc)Hh
• Foundation Trust Status for Poole NHS Hospital (June/July)
• GP Shared Care for Drug Users Monitoring Report – Ann Maguire/Richard Benson
• Injection control
• Local Delivery Plan – Poole Primary Care Trust
• PPIF Achievements
• Rates of Emergency admissions to Poole Hospital (June)
• Transportation for patients
• Working Party on Health Inequalities - finish June/July 2006
• Working Party on Privacy and Dignity in Hospital, nursing care and residential care – (possibly with Community Support and Education Scrutiny Committee) – start September 2006

NOTE

• The requirement of The Local Health Authority (Overview & Scrutiny Committees Health Scrutiny Functions) Regulations 2004 places a duty on local NHS bodies to consult the local health Overview and Scrutiny Committee(s) on any proposals they may have under consideration for any substantial development of the health service, or on any proposal to make any substantial variation in the provision of such service(s). Agenda Items will be scheduled as required.

Appendix 2

Article 6 – Scrutiny Committees

SCRUTINY – GENERAL COMMENTS

The scrutiny function is central to new constitutions. The DETR Guidance makes clear that Scrutiny Committees are powerful Committees which meet in public to discuss and make recommendations on the development of policies and hold the Cabinet to account for their actions. They also have a key role in considering other matters of local concern. The only other specific function they are empowered to undertake is the conduct of best value reviews.

6.01Terms of reference

The Council will appoint the Scrutiny Committees set out in the left hand column of the table below to discharge the functions conferred by section 21 of the Local Government Act 2000 or regulations under section 32 of the Local Government Act 2000 in relation to the matters set out in the right hand column of the same table.

COMMITTEE / SCOPE
Community Support and Education Scrutiny Committee
(11 Councillors, 2 Church co-opted members and 2 parent representative co-opted members) / All education matters including schools, skills for life and work and adult education. Youth services, libraries, Arts, Museums and Archives.
Care and Social Services provision for children, older people and vulnerable people including homelessness and asylum seekers. Affordable housing including Council housing. Community safety and health issues.
Service Provision Scrutiny and Audit Committee
(11 Councillors) / All aspects of Poole’s sustainability and environment including the development of the town, leisure and recreation provision and waste strategies. Greening the Council. The economic well being of the town including economic development, town centre partnership, tourism and working with partner organisations, Transportation and parking. The efficient operation of Council work including Financial, IT, Personnel, Property and Democratic strategies. To monitor the operation of the Constitution. To be responsible for the audit functions of the Council.
Health Scrutiny Committee
(11 Councillors) / All matters affecting the health of residents of the Borough including the provision of National Health Services.

In considering membership of such Committees, due regard should be paid to the potential contribution of community stakeholders outside the Council. Scrutiny Committees in local education authorities must comply with the provisions of paragraphs 7, 8, 10 and 11 of Schedule 1 to the Local Government Act 2000 or provisions proposed in regulations under section 32 (i.e. include church and parent governor representatives as voting appointed members of Committees with education as all or part of their remit).

6.02General role

Within their terms of reference, Scrutiny Committees will:

(i)review and/or scrutinise decisions made or actions taken in connection with the discharge of any of the Council’s functions;

(ii)make reports and/or recommendations to the full Council and/or the Cabinet and/or any Area Committee in connection with the discharge of any functions;

(iii)consider any matter affecting the area or its inhabitants; and

(iv)exercise the right to call-in, for consideration of decisions made but not yet implemented by the Cabinet or Portfolio Holders and/or any Area Committees.

6.03Specific functions

(a)Policy development and review. Scrutiny Committees may:

(i)assist the Council (and the Cabinet) in the development of its budget and policy framework by in-depth analysis of policy issues;

(ii)conduct research, community and other consultation in the analysis of policy issues and possible options;

(iii)consider, encourage and enhance community participation in the development of policy options;

(iv)question members of the Cabinet and/or Committees and senior and appropriate officers about their views on issues and proposals affecting the area; and

(v)liaise with other external organisations operating in the area, whether national, regional or local, to ensure that the interests of local people are enhanced by collaborative working.

Note: The Council would normally expect policy development to be initially formulated by the Overview Groups, but accepts the right of Scrutiny Committees to call in any of these policies when they are the subject of decision by the Cabinet or to review how they are working after implementation. In some instances the Council or the Cabinet may refer overview and policy matters to Scrutiny Committees either before or after implementation.

(b)Scrutiny. Scrutiny Committees may:

(i)review and scrutinise the decisions made by and performance of the Cabinet and/or Committees and Council officers both in relation to individual decisions and over time;

(ii)review and scrutinise the performance of the Council in relation to its policy objectives, performance targets and/or particular service areas;

(iii)question members of the Cabinet and/or Committees and senior or appropriate officers about their decisions and performance, whether generally in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects;

(iv)make recommendations to the Cabinet and/or appropriate Committee and/or Council arising from the outcome of the scrutiny process;

(v)review and scrutinise the performance of other public bodies in the area and invite reports from them by requesting them to address the Scrutiny Committee and local people about their activities and performance;

(vi)question and gather evidence from any person with their consent; and

(vii)conduct research, community and other consultation.

6.04Proceedings of Scrutiny Committees

Scrutiny Committees will conduct their proceedings in accordance with the Scrutiny Procedure Rules set out in Part 4 of this Constitution.

6.05Use of Forward Plan

The Forward Plan of the Council should be used by Scrutiny Committees where appropriate in determining their work programme.

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