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Orkney Health and Care Constitution - Orkney Islands Council

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ORKNEY HEALTH AND CARE<br />

COMMITTEE CONSTITUTION<br />

1 BACKGROUND<br />

Section 2 of the National <strong>Health</strong> Reform (Scotl<strong>and</strong>) Act 2004 (the Act of<br />

2004) provided for the establishment of Community <strong>Health</strong> Partnerships<br />

(CHPs) by <strong>Health</strong> Boards. <strong>Orkney</strong> CHP was previously established in<br />

accordance with a Scheme of Establishment approved by the Scottish<br />

Ministers. The scheme of establishment has now been revised <strong>and</strong> was<br />

approved by the Scottish Government in January 2010. This will allow<br />

Orkey <strong>Health</strong> <strong>and</strong> <strong>Care</strong> to move to a substantive CHSCP from 1 st April<br />

2010. The next steps will be to set up an <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong><br />

Committee. <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Committee will secure the<br />

involvement of staff, service users <strong>and</strong> carers in governance <strong>and</strong><br />

decision making for <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong>. <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong><br />

will also have a wide range of planning <strong>and</strong> working groups which will<br />

fully involve professional staff, across the range of its activities<br />

2 ROLE OF ORKNEY HEALTH AND CARE<br />

The Act of 2004 set out the role of CHPs which includes:-<br />

(a)<br />

to co-ordinate for its area, the planning, development <strong>and</strong><br />

provision of:-<br />

(i)<br />

(ii)<br />

such of the services which it is the function of its <strong>Health</strong><br />

Board to provide, or secure the provision of as may be<br />

prescribed by regulations, <strong>and</strong><br />

such other of these services as its <strong>Health</strong> Board may<br />

specify, with a view to improving these services.<br />

(b)<br />

(c)<br />

to provide, or secure the provision of – such of the services which<br />

it is the function of its <strong>Health</strong> Board to provide, or secure the<br />

provision of, as may be prescribed by regulations or specified in<br />

the approved scheme, <strong>and</strong><br />

to exercise such other functions of its <strong>Health</strong> Board as:-<br />

(i)<br />

(ii)<br />

(iii)<br />

may be prescribed by regulations,<br />

may be specified in the approved scheme, <strong>and</strong><br />

the <strong>Health</strong> Board may delegate to it<br />

It is intended that <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> will make a measurable<br />

improvement in local population health <strong>and</strong> provide higher quality,<br />

accessible, joined up services to local communities.<br />

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It will provide a focus for integration within health <strong>and</strong> social care.<br />

A major part of its role will be to contribute to the shift in the balance of<br />

care from specialist to primary care <strong>and</strong> to achieve an increased<br />

emphasis on improving the health <strong>and</strong> wellbeing of its population.<br />

To achieve this, <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> will link with the third sector<br />

<strong>and</strong> others to support the improvement of the health of local<br />

communities <strong>and</strong> most importantly involve the public, patients <strong>and</strong> carers<br />

in decisions concerning the delivery of health <strong>and</strong> social care for their<br />

communities.<br />

NHS <strong>Orkney</strong> Board <strong>and</strong> OIC will involve <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> in<br />

areas of planning, developing <strong>and</strong> making decisions that will affect the<br />

operation of services for which the Board <strong>and</strong> OIC are responsible.<br />

The role of <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> will be to drive service improvement<br />

locally <strong>and</strong> to ensure the effective delivery of the functions devolved to<br />

<strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> as described in the revised Scheme of<br />

Establishment.<br />

The duty placed on NHS Boards to involve <strong>and</strong> consult the public will<br />

apply to <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong>.<br />

3 ORGANISATIONAL ARRANGEMENTS<br />

To fulfil the respective statutory responsibilities of both organisations,<br />

NHS <strong>Orkney</strong> will establish <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> as a formal<br />

Committee of the NHS Board <strong>and</strong> <strong>Orkney</strong> Isl<strong>and</strong>s <strong>Council</strong> will establish<br />

<strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> as a formal sub committee of the <strong>Council</strong> with<br />

agreed delegated authority from each statutory partner. The<br />

committees/sub committees will meet together in the same place at the<br />

same time as <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Board with an agreed common<br />

agenda; this model, known as the Concurrent Partnership Body, has<br />

been used in other parts of Scotl<strong>and</strong> as a way dealing with the statutory<br />

limitations identified in the revised scheme of establishment.<br />

The governance <strong>and</strong> other organisational arrangements for <strong>Orkney</strong><br />

<strong>Health</strong> <strong>and</strong> <strong>Care</strong> are set out in figure 1 on the next page<br />

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Figure 1 – ‘<strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong>’ Governance Arrangements<br />

(1) NHS <strong>Orkney</strong> <strong>and</strong> <strong>Orkney</strong> Isl<strong>and</strong>s <strong>Council</strong> Committees (such as Audit,<br />

Finance <strong>and</strong> Performance, Remuneration, Quality Improvement, Policy<br />

& Resources <strong>and</strong> Social Services) will have a role in the governance of<br />

<strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong>. This is the framework of governance through<br />

which NHS <strong>Orkney</strong>’s Controls Assurance Framework is delivered.<br />

4 REMIT OF ORKNEY HEALTH AND CARE COMMITTEE<br />

<strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Committee will:<br />

Secure the involvement of staff, service users <strong>and</strong> carers in<br />

governance <strong>and</strong> decision making for <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong>.<br />

Have clear responsibilities to advise on areas such as service<br />

redesign, planning, prioritisation <strong>and</strong> performance. Its members will<br />

include all of the professions covered by <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong>,<br />

clinical input from acute services, child health <strong>and</strong> mental health, a<br />

carer representative <strong>and</strong> representative(s) from the public<br />

partnership forum to ensure that its advice is grounded in practice.<br />

Encourage local innovation <strong>and</strong> commitment to develop approaches<br />

that may be worthy of adoption elsewhere.<br />

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Work with partners to contribute to a ‘whole system’ approach to<br />

service redesign.<br />

Make recommendations to <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Board on the<br />

planning of jointly managed <strong>and</strong> jointly resourced services<br />

Identify local health need <strong>and</strong> plan to meet those needs, to the<br />

extent possible within available resource.<br />

Contribute to the development of <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Annual<br />

Plan<br />

Play an important role in monitoring the delivery of targets <strong>and</strong><br />

actions set in <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Annual Plan <strong>and</strong><br />

Performance Management Framework i.e HEAT Targets,<br />

Community <strong>Care</strong> Outcomes, Local Authority Performance Indicators<br />

<strong>and</strong> Budgets.<br />

<strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Committee will be accountable through the<br />

Director <strong>and</strong> clinical / professional leads for clinical governance<br />

Particular emphasis will be focussed on <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> work<br />

around the extended planning cycle. This involves identifying the health<br />

need within <strong>Orkney</strong> <strong>and</strong> being responsible for developing integrated<br />

services across traditional boundaries of primary <strong>and</strong> secondary health<br />

services <strong>and</strong> local authority services.<br />

5 MEMBERSHIP OF ORKNEY HEALTH AND CARE COMMITTEE<br />

<strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Committee will include the statutory<br />

membership (the minimum membership required) of a CHP or CHSCP<br />

Committee as set out in the Scottish Executive <strong>Health</strong> Department<br />

Community <strong>Health</strong> Partnerships Statutory Guidance published in<br />

October 2004. Membership of ‘<strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong>’ Committee will<br />

fulfil the requirement of the CHP Regulations. The proposed<br />

membership of the committee is shown overleaf, with additional<br />

members as may from time to time be required<br />

Chair : Chair or Vice Chair of <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Joint Board<br />

Lead Clinician<br />

Chief Social Work Officer<br />

Public <strong>Health</strong> representative<br />

Primary <strong>Care</strong> Manager<br />

General Medical Practitioner<br />

Medical practitioner who does not provide primary medical services<br />

Nurse Lead<br />

Staff representatives nominated by the NHS Partnership Forum <strong>and</strong><br />

Social Services Liaison Group<br />

Public Partnership Forum representative<br />

Community Pharmacist<br />

Allied <strong>Health</strong> Professional<br />

Dentist<br />

Optometrist<br />

4


Social Work <strong>and</strong> social care representatives of each main discipline<br />

Third Sector Representative<br />

<strong>Care</strong>r Representative<br />

6 APPOINTMENT AND TERM OF OFFICE<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

Clinical members of <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Committee will be<br />

appointed by the NHS Boards. Local authority professional<br />

members of <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Committee will be<br />

nominated by <strong>Orkney</strong> Isl<strong>and</strong>s <strong>Council</strong><br />

The terms of office of a member shall be for a period of<br />

xxxxxxxxxx <strong>and</strong> shall be for no longer than xxxxxxx years<br />

After the expiration of a term of office a member shall be eligible<br />

for reappointment<br />

The acts, meetings or proceedings of <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong><br />

shall not be invalidated by any vacancy in its membership or by<br />

any defect in the appointment of any member<br />

7 Schedule of Meetings<br />

Group<br />

CHSCP Board<br />

CHSCP Committee<br />

Forums <strong>and</strong> Partnerships<br />

OH&C Management Team<br />

Workstreams<br />

Frequency<br />

4-6 per year, or as required<br />

4-6 per year, or as required<br />

As constituted<br />

Monthly<br />

As required<br />

8 CHAIRPERSON<br />

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<strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Committee will be chaired by the chair or<br />

vice chair of <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Board although this is<br />

subject to review by <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Board.<br />

<strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Board shall appoint a member to be the<br />

Chairperson of the Committee<br />

The <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Director:-<br />

(a) shall, in accordance with the Director’s terms of<br />

employment with the Board or OIC <strong>and</strong> any directions<br />

made by <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong>, manage the business of<br />

<strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong>; <strong>and</strong><br />

(b) may, in accordance with the Director’s terms of<br />

employment, make arrangements with such persons as the<br />

Director considers fit in connection with the discharge of<br />

the Director’s functions<br />

The Chair of the Committee may at any time resign from such<br />

office by giving notice in writing to the Board.<br />

9 RESIGNATION AND REMOVAL OF MEMBERS<br />

(i)<br />

(ii)<br />

(iii)<br />

A person may resign their membership at any time during their<br />

term of office by giving notice in writing to the Chair of <strong>Orkney</strong><br />

<strong>Health</strong> <strong>and</strong> <strong>Care</strong> Committee <strong>and</strong> that person shall thereupon<br />

cease to be a member<br />

If the <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Committee or <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong><br />

<strong>Care</strong> Board, having consulted with <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong><br />

(where it is practicable to do so) considers that it is not in the<br />

interests of <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> or NHS <strong>Orkney</strong> or OIC that a<br />

person should continue to hold office as a member, it shall by<br />

giving notice in writing to the person, remove that person from<br />

office<br />

If a member has not attended three consecutive meetings of<br />

<strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Committee, the Committee shall, by<br />

giving notice in writing to the person, remove that person from<br />

office unless the Committee is satisfied that:-<br />

(a)<br />

(b)<br />

the absence was due to illness or other reasonable cause;<br />

<strong>and</strong><br />

the member will be able to attend future meetings within<br />

such period as the Committee considers reasonable<br />

10 PROCEEDINGS<br />

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(i)<br />

<strong>Orkney</strong> <strong>Health</strong> <strong>and</strong> <strong>Care</strong> Board shall make st<strong>and</strong>ing orders for the<br />

regulation of the procedure <strong>and</strong> business of <strong>Orkney</strong> <strong>Health</strong> <strong>and</strong><br />

<strong>Care</strong> Committee <strong>and</strong> all meetings <strong>and</strong> proceedings of the<br />

Committee shall be conducted in accordance with them.<br />

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