Agenda item

Report of the Director of Legal and Democratic Services (LDS/24/9) outlining changes to Health Scrutiny and reconfiguration arrangements, a review of the Constitution and proposed changes, attached.

RESOLVED that sections Part 2: Article 7, Part 3b, and Part 4d, of the Constitution, as set out above be recommended for approval to the Council.

The Committee considered the Report of the Director of Legal and Democratic Services (LDS/24/9) which outlined the changes to Health Scrutiny and reconfiguration arrangements, with the necessary amendments to the Constitution proposed to be compliant with the new regulations.

The Report highlighted that as a result of the Health and Care Act 2022, the Department for Health and Social Care had introduced new regulations in respect of Health Scrutiny’s role in the reconfiguration of local health services, which took effect from 31st January 2024. The changes meant that from the 31st January 2024, the Health and Adult Care Scrutiny Committee would no longer be able to formally refer matters that related to reconfigurations to the Secretary of State. Instead the Secretary of State would have broad powers to intervene through the power of call in.

The Council’s constitution currently reflected the Health and Adult Scrutiny power of referral and needed amendment to reflect the legislative changes.  

Work was still required on the guidance, and as appropriate, training, as the new rules were operationalised.

It was proposed the following changes were made with amendments shown in red:

a.    Part 2, Article 7 (7.1) (page 16),

                                               i.     To make reports and recommendations as appropriateto the County Council and may request to the Secretary of State that a proposal be called in, and to the Secretary of State for Health, in accordance with the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) (Amendment and Saving Provision) Regulations 2013 2024.

b.    Part 3b, 9.4(4) (page 45).

                                               i.     To make reports and recommendations as appropriateto the County Council and may request to the Secretary of State that a proposal be called in, and to the Secretary of State for Health, in accordance with the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) (Amendment and Saving Provision) Regulations 2013 2024.

c.     Part 4d Scrutiny Procedures Rules, (10.4) (page 133)

                                              i.     Scrutiny Committee undertaking the Council’s functions in relation to the scrutiny of the health service and, in particular, where being formally consulted by the NHS or Health Providers will ensure that all relevant partners in the locality affected, including local authority partners, will have the opportunity to contribute and that those views will be taken into account in making its recommendations to the NHS and/or Health Provider, or requesting that the Secretary of State call in a decision.

d.    Part 4d Scrutiny Procedures Rules, (Terms of Reference of Scrutiny Committees, Health & Adult Social Care Scrutiny Committee (page 142))

                                               i.     To make reports and recommendations as appropriateto the County Council and may request to the Secretary of State that a proposal be called in, and to the Secretary of State for Health, in accordance with the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) (Amendment and Saving Provision) Regulations 2013 2024.

e.    Part 4d ‘A Protocol for relationships and communications between the health & wellbeing scrutiny committee and Healthwatch Devon’, (pages 147-152), be amended so that the twenty three references to ‘Health & Wellbeing Scrutiny Committee’ be replaced with ‘Health and Adult Care Scrutiny Committee’.

f.      Part 4d Scrutiny Procedures Rules, (A Protocol for relationships and communications between the Health and Wellbeing Scrutiny Committee and Healthwatch Devon, pp. 148)

                                               i.     NHS Bodies and commissioners, including Clinical Commissioning Groups (CCGs) Integrated Care Boards are also required to consult the Health & Adult Care WellbeingScrutiny Committee on substantial developments or variations to local health services as an official consultee. If the Scrutiny Committee has significant concerns with any proposals, it may make a request to the Secretary of State that a proposal be called in. it has the power to make a referral to the Secretary of State for Health (or MONITOR) (jointly with other local authorities, if appropriate). All commissioners and providers of publicly funded healthcare and social care are covered by these powers, along with health and social care policies arising from the Joint Strategic Needs Assessment (JSNA) and the Joint Health and Wellbeing Strategy.

The formal terms of reference of the Health & Adult Care Wellbeing Scrutiny Committee are:

‘To review the implementation of existing policies and to consider the scope for new policies for all aspects of the discharge of the Council’s functions relating to the health and wellbeing of the people of Devon including the activities of the Health & Wellbeing Board, when established, and the development of commissioning strategies, strategic needs assessments and, generally, to discharge its functions in the scrutiny of any matter relating to the planning, provision and operation of the health service in Devon’, including making a request to the Secretary of State that a proposal be called in.  reports direct to the Secretary of State for Health, in accordance with the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations (Amendment and Saving Provision) 2024 2013’.

It was MOVED by Councillor Hart, SECONDED by Councillor Leaver, and

RESOLVED that sections Part 2: Article 7, Part 3b, and Part 4d,

of the Constitution, as set out above be recommended for approval to the Council.