Scrutiny Protocols

Scrutiny of the Health Service

1. Introduction

1. In accordance with the Health and Social Care Act 2001 and The Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002, local authorities with responsibility for social services have the power to scrutinise the health service in their area and make reports and recommendations to local NHS organisations. In Tameside, this is undertaken by the Personal and Health Services Scrutiny Panel.
    
2. This Protocol had been produced between Tameside Metropolitan Borough Council Personal and Health Services Scrutiny Panel,Tameside and Glossop Primary Care Trust and Tameside and Glossop Acute Services Trust, to provide a framework for that scrutiny to take place. The publication of the Regulations and good working practice have shaped this Protocol which may be revised by agreement between all the interested parties in order to continually improve the scrutiny process.

2. Principles of Scrutiny Operation

1. Scrutiny in Tameside is positive, objective and constructive. It acknowledges good practice and recommends improvements where it feels that these would be of benefit. Scrutiny concentrates on service outcomes and seeks to add value to each service that it considers.
    
2. The health and well being of the people of Tameside is dependant upon many factors including the health services provided in partnership by the NHS Trusts, voluntary services and services provided by Tameside MBC. This shared responsibility will be acknowledged by scrutiny and will feature in scrutiny reviews.
    
3. Health scrutiny will only be truly successful if key organisations work and co-operate together in an atmosphere of mutual respect and trust with an understanding and commitment to its aims.
    
4. The key organisations involved in health scrutiny must be willing to share information, knowledge and reports which relate to the delivery and success of health services in Tameside and carry out duties that would be reasonably expected of them to enable health scrutiny to be successfully undertaken.
    
5. At all times both officers and members of the organisations involved in health scrutiny, representatives and members of the public will be treated with respect and courtesy. Matters of confidentiality will be treated with respect.
    
6. Health Scrutiny will be open and transparent. Any person involved in health scrutiny will always declare any personal or other pecuniary interest that they have either in a scrutiny exercise or during a meeting of the scrutiny panel in accordance with the Code of Conduct relating to standards of conduct and ethics.
    
7. The Tameside Personal and Health Services Scrutiny Panel whilst working in partnership, is independent of both the NHS, the Council's Executive and the voluntary sector.
    
8. Health Scrutiny will try to maximise the involvement of patients and the public and will work with Patients Forums when they are established.
    
9. Health Scrutiny will be focused on improving services and service provision for the people of Tameside and will concentrate outputs that are intended to help improve their health.

3. The Tameside Personal and Health Services Scrutiny Panel

1. All dates and times of meetings of the Scrutiny Panel, agendas, minutes and reports will circulated to members and Social Services and Health Service Partners in accordance with the Local Government (Access to Information) Act 1985 or subsequent legislation.
    
2. Social Services and Health Service partners will be consulted on Annual Work Programmes and informed in advance of scrutiny exercises that the Scrutiny Panel is intending to undertake. They will also be informed of the scope of all scrutiny exercises and will be given adequate notice of invitations to attend meetings of Scrutiny Panels and any required information.
    
3. NHS Trusts and Health Service partners will be consulted on any draft reports before they are published. Final reports will be presented to Tameside Council, the NHS Trust, be published on the Council’s website and circulated in accordance with the regulations on health scrutiny.
    
4. Health Scrutiny is not to be used as a complaints procedure. Case studies may however be used as part of supporting information for scrutiny exercises.
    
5. NHS Trusts will be informed of any press releases relating to crime and disorder scrutiny although the Scrutiny Support Unit may speak to the press in advance of meeting to brief them about forthcoming Scrutiny Panel meetings.
    
6. The Personal and Health Services Scrutiny Panel will at all times comply with the Constitution of Tameside Metropolitan Borough Council.

4. Tameside and Glossop Primary Care Trust and Tameside and Glossop Acute Services Trust

1. The NHS Trusts will work in partnership with the Personal and Health Services Scrutiny Panel to provide objective and effective scrutiny of health services in Tameside.
    
2. The NHS Trusts will provide information relating to the planning and operation of health services and strategies that is required by the Scrutiny Panel so that it can undertake health scrutiny. This will not however, include confidential information which identifies individual people unless it can be presented in such a way which does not identify individuals or if an individual gives consent for such information to be released.
    
3. The NHS Trusts will provide the Scrutiny Panel with such information within 15 working days of the receipt of the request.
    
4. The NHS Trusts will respond to health scrutiny reviews within 28 days of receipt. A copy of such a response will be sent to The Tameside Cabinet Deputy (Personal Services), individuals who have contributed to reviews, local MPs, appropriate voluntary organisations, Tameside libraries and customer information centres.
    
5. The NHS Trusts will be consulted by the Scrutiny Panel to help compile the annual work programmes for scrutiny of health services.
    
6. The NHS Trusts will nominate a main contact person for each health scrutiny exercise and maintain regular contact with the Scrutiny Panel, attending in person when invited.
    
7. The NHS Trusts will ensure that officers attending Scrutiny Panel meetings are able to answer questions openly and are given appropriate support by their line managers.

5. Public and Patient Involvement Forums and Local Involvement Networks

1. The Personal and Health Services Scrutiny Panel will seek to establish a close working relationship with the local PPI Forums and Local Involvement Network in accordance with the spirit of the Local Government and Public Involvement Act 2007 and any accompanying Regulations.