11A.     SHADOW HEALTH AND WELLBEING BOARD

The Cabinet Member Adult Social Care, Health and Wellbeing advised Council of the proposed requirements to establish a Health and Wellbeing Board (HWBB) and to progress the Council’s status as an Early Implementer for the Department of Health (DoH) by creating a shadow board.

In debate the following points were raised:

• The bringing back of democracy in the health service was welcomed.  Previous structure lacked legitimacy of representation.
• The development of Herefordshire’s partnership arrangements between health and the local authority had been challenging but were now paying dividends; Herefordshire was in a good place to take forward such changes.
• In welcoming the initiative, concern was expressed as to the potential extra cost burden and assurance sought that any additional costs would not be transferred to the council tax payer.
• Noting that the HWBB would include Executive Members within its composition, what arrangements would be in place for input from non-executive members?

The Cabinet Member Adult Social Care, Health and Wellbeing advised Members that a health scrutiny committee would remain.

RESOLVED THAT:

(a)                    a Shadow Health and Wellbeing Board be created and chaired by a Cabinet Member;

(b)                   the powers and duties of the Shadow Board shall be:

(i)                 for the purpose of advancing the health and wellbeing of the people in Herefordshire, to encourage persons who arrange for the provision of any health or social care services in that area to work in an integrated manner; and

(ii)               to provide such advice, assistance or other support as it thinks appropriate for the purpose of encouraging the making of arrangements under section 75 of the National Health Service Act 2006 in connection with the provision of such services; and

(iii)             to encourage persons who arrange for the provision of health-related services in Herefordshire to work closely with the Health and Wellbeing Board; and

(iv)             to encourage persons who arrange for the provision of any health or social care services in Herefordshire and persons who arrange for the provision of any health-related services in Herefordshire to work closely together; and

(v)               to advise on how the functions of the Council and its partner commissioning consortia under sections 116 and 116A of the Local Government and Public Involvement in Health Act 2007 (“the 2007 Act”) are to be exercised; and

(vi)             to give to the Council its opinion on whether the Council is discharging its duty under section 116B of the 2007 Act;

(c)                    the membership of the Shadow Board shall include:

·         those executive members of the Cabinet whose current areas of responsibility are encompassed by the powers and duties of the Shadow Board

·         the Chief Executive

·         those officers whose jobs include the roles of Director of Adult Social Services, Director of Children’s Services and Director of Public Health (as defined in clause 26 of the Health and Social Care Bill of 2011).

·         a representative of LINK (Local Improvement Network)

·         a representative of the Herefordshire Primary Care Trust

·         a representative of Hereford Hospitals Trust or (from 1st April 2011) the new Integrated Care Organisation for Herefordshire

·         a representative of the Herefordshire GP Consortium

·         a representative of the voluntary and community sector in Herefordshire

·         a representative of the business community in Herefordshire

PROVIDED THAT the Shadow Board may at its discretion include such further representatives as it shall determine;

(d)                   the Shadow Board shall comply with the Standing Orders of Herefordshire Council in so far as executive members may make decisions at its meetings; and

(e)                   the Monitoring Officer report further on appropriate delegations and other constitutional requirements for a formal Health and Wellbeing Board once the Health and Social Care Bill has been enacted and the relevant implementation date is known.   

11B.    CONSTITUTIONAL AMENDEMENTS : SUBSTITUTE MEMBERS

The Cabinet Member Corporate and Customer Services and Human Resources presented the report which sought approval for changes to the constitution, as required in law, in relation to the wording within the procedure rules dealing with substitute members.

In discussion the following points were raised:

·         The requirement for a substitute member was often not known until the day of the meeting, therefore meeting the 3.00p.m deadline would be difficult.

·         Concern was expressed that ungrouped members were at a disadvantage in terms of giving notice this may be open to legal challenge.

·         The opportunity to substitute at working groups was suggested.

In response, the Cabinet Member Corporate and Customer Service and Human Resources;

·         Emphasised that, for groups, the giving of notice in writing no later than 3.00p.m on the last working day prior to the date of the meeting was encouraged. 

·         It was not usual for there to be substitutes at working groups due to potential for disruption of the business.

·         Named deputies existed for all Chairmen and the Leader, therefore no additional processes were needed other than those already in the constitution to cover the Chairing of Cabinet and other committees.

·         Non aligned members would need to liaise with the Monitoring Officer, therefore the deadline for such contact would need to be definitive.

RESOLVED that Council :

Approves the following changes to the Constitution:

                                i.            That wording within the Procedure Rules which deals with substitute members be revised and replaced with the following wording to comply with the law contained in the relevant Act and Regulations.

4.1.23              Substitution

4.1.23.1           The Monitoring Officer on behalf of the Chief Executive may receive notice from a group leader or authorised nominee on behalf of that group that a different member of their group shall be substituted for the member previously allocated to a place on a committee, sub-committee or other body to which the proportionality rules apply.  The giving of notice in writing no later than 3.00p.m. on the last working day prior to the date of the meeting is encouraged.

4.1.23.2           The Monitoring Officer (in consultation with the ungrouped members concerned) may substitute another ungrouped member for an ungrouped member who has notified him in writing that he is unable to attend a meeting.  Such notification must be given no later than 3.00p.m. on the last working day prior to the date of the meeting.