- presentation by Cath Saltis
Minutes:
Cath Saltis, Yorkshire and Humber, reported on the work she was conducting on behalf of the Centre for Public Scrutiny and the Local Government, Yorkshire and Humber on the development of the Health Scrutiny Regulations.
Consultation on the future Regulations governing local authority Health Scrutiny had taken place between July and September, 2012. The Regulations had been expected in January, 2012, however, the Department of Health had published a response to the consultation which gave a good indication as to what the Regulations would look like.
The Act shifted the power of health scrutiny from Health Scrutiny Committees to the Local Authority with powers to enable the Authority to arrange for the functions to be discharged through a HOSC or indeed some other arrangement. The scope had been extended to include providers of NHS and Public Health services commissioned by the NHSC, CCG and local authorities that included providers in the independent and third sectors.
Cath also highlighted the following issues:-
- Power to refer to the Secretary of State should be by the full Council rather than the designated Health scrutiny committee - the draft response suggested that should the local authority pass the function to a body other than the Overview and Scrutiny Committee then it should be full Council
- If the Health scrutiny committee had the delegated function, additional safeguards should be set in place e.g. requiring the Health scrutiny committees to notify full Council of their intention to refer a matter to the Secretary of State before the referral was made giving the opportunity to debate that intention
- Joint Scrutiny – the Government agreed that this had been an effective means of examining proposals that spanned more than 1 area. It would require the formation of joint scrutiny arrangements where the change proposer consulted with more than 1 local authority
- Health and Wellbeing Boards – would be subject to Health scrutiny. HealthWatch would be able to refer matters to Health scrutiny and should get a response within 20 working days and keep the referrer informed of any action it intended to take
- HealthWatch – described as a “critical friend”. There was potential for scrutiny work to duplicate and there were some things that HealthWatch could do that the Health Select Commission could not. HealthWatch at local level would have the power to access that the Select Commission did not but it did have lots of other powers. It had been suggested that as far as possible endeavour to maintain a good collaborative working relationship with HealthWatch whilst maintaining the differing levels of responsibility
- The Health and Wellbeing Board and CCG etc. would be subject to Overview of Health. The working relationship of those bodies would have to be worked through and shared agreement and protocol
- Public Health – whilst coming to the local authority it would be an Executive function and therefore subject to Over and Scrutiny
- National Bodies – some were trying to look at how they could engage with Scrutiny of Health. The Centre for Public Scrutiny was to host a conference the following week in Leeds focussing on care equality commissioning
Cath was thanked for her report.
Resolved:- (1) That, when conducting reviews or looking at issues that the Health Select Commission was particularly concerned, ensure consultation and involvement with the commissioners as well as Service providers.
(2) That the Health Select Commission, when conducting reviews or holding Service proposals to account, the “4 tests” should be used and incorporated into the type of questions adopted, consideration given to the Health and Wellbeing Board toolkit and start to incorporate into the work of the Commission.
(3) That the Health Select Commission monitor the Health and Wellbeing Board’s Performance Management Framework, when developed, and Health and Wellbeing Strategy.
(4) That when the Review into Access of Health Care Services commenced, the work that had already taken place around deprivation, 100 babies etc. be utilised to prevent duplication.
(5) That the Protocols referred to be submitted to the next meeting.
(6) That the Health Select Commission be kept informed of progress with regard to the commissioning of Rotherham HealthWatch.