1. Summary

1.1. This report recommends the County Council to exercise its discretionary power of health overview and scrutiny and establish a new Health Review Committee for the purpose.

2. Background

2.1. Members will be aware that as part of its Modernisation agenda for the National Health Service (NHS) the Government has given councils with social care responsibilities a new power to review, or "scrutinise", the operation of the Health Service and the way it relates to other services. The Government wants Councils like Hampshire to work with the NHS organisations in their areas to help develop and plan health services reflecting the needs and aspirations of individuals and communities.

2.2. At the request of the Cabinet at the beginning of the year, the Policy and Resources Policy Review Committee gave detailed consideration to the means by which the County Council might exercise this new power, should it be minded to proceed. In addition, an informal briefing on the topic for all Councillors - and attended by 23 Members - was held on 16 September to acquaint them with the issues involved.

3. Cabinet Recommendations

3.1. In summary, the Cabinet commends strongly to full Council the principle of the County Council exercising the discretionary power and shares the view of the Policy Review Committee that having regard to the significance of the issue this should be carried out by a separate review committee, rather than adding health scrutiny to the terms of reference of an existing Policy Review Committee. Similarly it recognises the potentially significant resource implications of proceeding along this route, as highlighted by the Policy and Resources Policy Review Committee, and the need therefore for provision to be included in the County Council's 2003/04 budget for the purpose. However, it also considers that Central Government should recognise the implications by providing specific funding for Councils which decide to exercise the power.

3.2. The appended recommendations encapsulate the principles referred to in 3.1 above and contain detailed proposals to give effect to these.

Recommendations

1. That the County Council agrees changes to the Constitution, as set out in Appendix I attached, for the express purpose of exercising the power of health overview and scrutiny through the medium of a new Health Review Committee with the following terms of reference:

(i) To exercise powers provided by Section 7 of the Health and Social Care Act 2001 to scrutinise and review, on behalf of the community, health services within the County Council's area as part of a wider role in health improvement and in reducing health inequalities.


(ii) To respond, on behalf of the community, to NHS bodies who have a duty to consult on proposals for substantial development and variation in provision of health services.


(iii) To prepare an annual programme of reviews.


(iv) To set up advisory working groups, as appropriate, to undertake individual reviews, such groups to incorporate individuals with specific local knowledge and topic expertise.


(v) To take an investigative approach, giving consideration to commissioning surveys and research, meeting those providing and using services, and holding public hearings.

2. That, in the light of informal consultations with the Group Leaders, the following composition of the Review Committee be agreed:-

11 Conservative representatives
5 Liberal Democrat representatives
2 Labour representatives
(NOMINATIONS TO FILL VACANCIES AND TO THE POSTS OF CHAIRMAN AND VICE-CHAIRMAN OF THE COMMITTEE SOUGHT)

3. That the Hampshire and Isle of Wight Association of Local Authorities (HIOWLA) be requested to consult with district councils on the selection of three district councillors to be co-opted onto the Health Review Committee to represent the interests of the Hampshire District Councils collectively.

4. That the Health Review Committee shall meet in January 2003

_ to co-opt District Council representatives (if nominated by that date)


_ to consider representations received on the consultation paper on health review prepared for circulation to stakeholders and other interested bodies and


_ to consider in more detail arrangements for exercising the County Council's discretionary power.

5. That Central Government be asked to recognise the significant additional resource implications of the County Council's decision by providing specific funding for the purpose.

6. That consideration be given in due course to what provision should be included for health scrutiny in the County Council's Budget 2003/04 in the light of Recommendation 5. above and the Health Review Committee's decisions and recommendations.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1 Published works.

2 Documents which disclose exempt or confidential information as defined in the Act.

5aR491102

Appendix I

PROPOSED HEALTH REVIEW

COMMITTEE - NECESSARY

CHANGES TO CONSTITUTION

The following decisions by the County Council are necessary to set up a new Policy Review Committee to undertake health review and scrutiny.

Changes to Constitution

Part 1

6.3 add to table (which lists PRCs and their functions)

Committee Scope

Health Review Planning and undertaking overview and scrutiny of

health within powers provided by section 7 of the Health and Social Care Act 2001. Responding to NHS bodies who have a duty to consult on proposals for substantial development of and variation in provision of health services.

Part 3 : D

1.10 Provisions in the paragraph would not apply to a health PRC : add a new paragraph 1.10A with provisions specific to the health PRC :

1.10A The Health Review Committee has direct statutory responsibility for publishing reports of reviews, with recommendations, and for undertaking consultation. Health bodies are statutorily required to respond. The Health Review Committee will expect other services and organisations to whom recommendations are addressed, including the County Council's own services, to respond in a similar way. The Health Review Committee will consider those responses, and will review the matter when recommendations have been acted upon to check that intended outcomes have been achieved.