Archived decisions

HAMPSHIRE, SOUTHAMPTON, PORTSMOUTH AND ISLE OF WIGHT HEALTH SCRUTINY JOINT COMMITTEE PROTOCOL

1. Membership

(1) The Joint Committee shall be made up of 11 members comprising of :-

(1) 5 elected representatives from Hampshire County Council to include one District Councillor co-opted to that Authority's overview and scrutiny Committee dealing with Health;

(2) 2 elected representatives from Southampton City Council;

(3) 2 elected representatives from Portsmouth City Council;

(4) 2 elected representatives from Isle of Wight Council.

The appointment of such representatives shall be solely at the discretion of each Authority who shall also waive the requirements for the Joint Committee to be based upon political proportionality.

2. Role and Function of the Joint Committee

(1) To facilitate the exchange of information about planned health scrutiny work by each member authority and to share information and outcomes from local health scrutiny reviews.

(2) To undertake scrutiny reviews of regional health services.

(3) To review regional or specialist services that impact on residents of the member authorities.

(4) To review health services provided for residents of member authorities outside the area covered.

(5) To work in partnership with other relevant organisations to improve the delivery of health services , improvement in the health of residents and to tackle health inequalities.

(6) The Joint Committee will not discuss individual complaints about health service provision but may scrutinise trends in complaints where these are believed to be a cause for concern.

3. Substantial Variations and Developments

A substantial variation or development is where it is considered that any proposal by a NHS Body impacts on more than one of the constituent authorities area and relate to any amendment to health service delivery :-

The term `substantial' is not defined in the legislative framework supporting the role of the OSC(s). The guidance supporting arrangements for Patient and Public Involvement in the NHS, and that relating to health scrutiny is clear that there is an expectation that the NHS body responsible for the proposal should initiate early dialogue with the OSC(s) affected by the proposal to determine:

a) If the change constitutes a substantial variation or development

b) The timing and content of the consultation process.

Where it is agreed that the proposal does constitute a substantial change the response of the OSC(s) to the subsequent consultation process will be shaped by the following considerations

i) Has the consultation process been appropriate in terms of timing and content, including the delivery of Section 242 requirements

ii) Is the change proposed in the interests of the health service in the area

4. Co-optees

The Joint Committee shall be entitled to co-opt any non voting person as it thinks fit appropriate to assist in its debate on any relevant topic.

5. Meetings of the Joint Committee

The Joint Committee shall meet when the Chairman considers it necessary or appropriate after receiving advice from relevant officers.

Meetings shall be held at appropriate venues in the areas of the member authorities on a rotational basis.

Meetings shall be open to the public and press in accordance with the Access to Information requirements

6. Quorum

The quorum for the Joint Committee shall be 6 voting members (This ensures that there will always be a minimum of two authorities represented)

7. Chairman and Vice Chairman

The Chairman and Vice Chairman of the Joint Committee shall be appointed at each meeting and reamin in office until the following meeting.

8. Appointment of Officers

The Secretary and Press Officer to the Joint Committee shall be appointed at each meeting and remain in office until the following meeting

9. Deputies

An Authority may appoint a named deputy to attend in the place of the named member on the Joint Committee provided that the Secretary is notified prior to the commencement of the meeting.

10. Agenda items

Any member of the Joint Committee shall be entitled to give notice to the relevant Officer that he/she wishes an item relevant to the functions of the Joint Committee to be included on the agenda for the next available meeting. On receipt of such a request the relevant Officer will ensure that it is included on the next available agenda.

11. Notice and Summons to Meetings

The Secretary will give notice to all members of meetings. At least 10 working days before a meeting the relevant officer will send a summons to every member specifying the date, time and place of each meeting and specify the business to be transacted, and will be accompanied by such reports as are available.

12. Reports from the Joint Committee

Once it has formed recommendations the Joint Committee will prepare a formal report and submit it to the Department of Health for consideration.

If consensus is not reached within the Joint Committee a minority report can be produced, on an alternative view to the majority of the Joint Committee, where a minimum of 4 voting members request this after the item has been debated.

13. Rights of Joint Committee members to documents

In addition to their rights as Councillors, members of the Joint Committee have the additional right to documents, and to notice of meetings.

14. Officers of Health Authorities attending meetings

(1) The Joint Committee may scrutinise and review decisions made or actions taken in connection with the discharge of Health functions falling within its remit. As well as reviewing documentation, in fulfilling the scrutiny role, it may require any officer of the relevant Health Authority to attend before it to explain in relation to matters within their remit :

(a) any particular decision or series of decisions;

(b) the extent to which the actions taken affect Council's policy; and/or

and it is the duty of those persons to attend if so required.

(2) Where any officer is required to attend a Joint Committee under this provision, the Chairman of that Joint Committee will inform the relevant Officer. The relevant Officer shall inform the officer in writing giving at least 10 working days notice of the meeting at which he/she is required to attend. The notice will state the nature of the item on which he/she is required to attend to give account and whether any papers are required to be produced for the Joint Committee. Where the account to be given to the Joint Committee will require the production of a report, then the officer concerned will be given 10 working days to allow for preparation of that documentation.

(3) Where, in exceptional circumstances, the officer is unable to attend on the required date, then the Joint Committee shall in consultation with the officer arrange an alternative date for attendance.

15. Attendance by others

The Joint Committee may invite people to address it, discuss issues of local concern and/or answer questions. It may for example wish to hear from residents, stakeholders and members and officers in other parts of the public sector and shall invite such people to attend.

16. Procedure at Joint Committee meetings

(1) The Joint Committee shall consider the following business :

(a) declarations of interest;

(b) minutes of the last meeting;

(1)

Chairman, after consultation with the relevant officer, agrees should be raised;

(d) the business otherwise set out on the agenda for the meeting;

(2) Where the Select Committee conducts investigations (eg with a view to policy development), the committee may also ask people to attend to give evidence at committee meetings which are to be conducted in accordance with the following principles:

(a) that the investigation be conducted fairly and all members of the committee be given the opportunity to ask questions of attendees, and to contribute and speak;

(b) that those assisting the committee by giving evidence be treated with respect and courtesy; and

(3) Following any investigation or review, the Committee shall prepare a report, for submission to the Department of Health and/or Council as appropriate and shall make its report and findings public.

17. Administration of the Joint Committee

The Secretary will provide the lead administrative support to the Joint Committee. The costs associated with this shall be shared on an equal basis amongst the member authorities.

18. Voting

Any matter will be decided by a simple majority of those members voting and present in the room at the time the motion was put. This will be by a show of hands, or if no dissent, by the affirmation of the meeting.

If there are equal votes for and against, the Chairman will have a second or casting vote. There will be no restriction on how the Chairman chooses to exercise a casting vote.

19. Public and Press

All meetings of the Joint Committee shall be open to the public and press unless an appropriate resolution is passed in accordance with the provisions of Schedule 12A of the Local Government Act or Schedule 1 of the Health and Social Care Act 2001.

All agendas and papers considered by the Joint Committee shall be made available for inspection at all the constituent authorities offices, libraries and web sites.

20. Code of Conduct

Members of the Joint Committee must comply with the Code of Conduct applicable to Councillors under the Local Government Act 2000.

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