Agenda item

Health and Care Bill - Its Impact on Health Scrutiny

Minutes:

The Chair invited the Democratic Services Officer to provide their update to members regarding the Health and Care Bill and its implications for Health Scrutiny.

The Panel was advised that a recent meeting of the National Scrutiny Officer Network a discussion about the Health and Care Bill took place. It was understood there would be reconfiguration for scrutiny. For example, currently any significant alterations to health service provision required consultation with Health Scrutiny. Should Health Scrutiny be unhappy with this change it had the power to make a referral to the Secretary of State. This power was not used regularly and only rarely in Middlesbrough.

 

However, the changes proposed in the Bill meant this power would no longer exist in its current format. Instead, it was proposed the Secretary of State will call the decision in rather than Health Scrutiny. As such the department for health and social care advised guidance would be issued to clarify this position.

 

A draft scrutiny principle document had also been produced that aimed to reinforce the importance of health scrutiny, and their envisaged role, during the transition to Integrated Care Systems.

 

The Health and Care Bill would be phased in, but would not commence at the same time as the Integrated Care Systems, which were intended to be active in April 2022 but have been delayed until July 2022. The power to refer issues to the Secretary of State would likely take place approximately a year after Integrated Care Systems were implemented.

 

One of the main objectives within the Scrutiny Principles guidance document was leaders from the health and social care sector should work cooperatively and with openness and transparency. By doing this it was intended the importance of health scrutiny’s role in improve patient outcomes would be reinforced. It was intended that the Scrutiny Principles guidance document would be published in the summer.

 

Some of the main principles that were outlined in the document was that scrutiny should be outcome focused with a strategic approach considering how scrutiny should be best applied. The document also detailed how an inclusive approach should be adopted which would enable Integrated Care Systems to add richness to their understanding of local need.

 

Several comments were made to the department of health and social care regarding the scrutiny principles document. These included practical examples of what good practice should look like and that the language used in the Principles document should be fully understood by all stakeholders. Some participants at the meeting felt there needed to be greater clarification on the role of health and well-being boards within the new system.

 

The Panel were shown a diagram of how the Integrated Care System would operate that had been produced by the King’s Fund.

 

A member raised a concern that many people who did not work in, or understand the mechanics of the health system, would be confused by the proposals detailed in the presentation. It was commented that this could lead to reduced transparency and a potential lack of accountability.

 

The Director of Commissioning Strategy and Delivery for the Tees Valley Clinical Commissioning Group advised members that while the changes described were significant, they were not occurring in the delivery arm of the health service, where most people interacted with the NHS. Instead, the changes described concerned the governance arrangements of the NHS. It was also commented that the Tees Valley CCG had always had a strong and productive relationship with Health Scrutiny and this would continue in the future.

 

The Democratic Services Officer commented that the NHS had always been a complex organization and scrutiny’s involvement in holding it to account had never been easily explainable.

 

A member commented that while they recognized the complexity of situation it was nevertheless important that health scrutiny panels had a clear understanding of their powers in light of the Health and Care Bill.

 

The Chair thanked the Democratic Services Officer for their update. 

 

NOTED