Agenda item

(To receive a report from Simon Evans, Health Scrutiny Officer, which invites the Committee to note the amendments to the health scrutiny regulations and parts of a new schedule to the National Health Service Act 2006 which came into force on 31 January 2024, together with revised guidance for health overview and scrutiny committees, and new statutory guidance for the NHS; and to agree in principle to a revised protocol being developed between the Committee and NHS Lincolnshire Integrated Care Board)

The Committee considered a report from the Health Scrutiny Officer, which advised of the amendments to the health scrutiny regulations and parts of a new schedule to the National Health Service Act 2006 which had come in to force on 31 January 2024, together with revised guidance for health overview and scrutiny committees, and new statutory guidance for the NHS.  The Committee was also asked to agree in principle to a revised protocol being developed between the Committee and NHS Lincolnshire Integrated Care Board.  A summary of the main changes were detailed within the report on pages 108 to 109.

It was highlighted that the Health Scrutiny Committee had developed a strong relationship with the NHS Lincolnshire Integrated Care Board (and the NHS Lincolnshire Clinical Commissioning Group prior to this), which had been underpinned by a protocol, which allowed for the Committee to be advised in almost all instances in advance of reconfigurations in ‘borderline cases’. It was hoped that an initial draft of the new protocol would be considered at the Committee’s next meeting on 20 March 2024.

During consideration of this item the following comments were noted:

·       Thanks were extended to the Health Scrutiny Officer for his report which summarised the main changes and identified several new roles for the Committee arising from the document entitled ‘Reconfiguring NHS Services – Ministerial Intervention Powers’;

·       Some concern was expressed to the gatekeeper role of the Committee and the potential workload impact this could potentially have moving forward; and the power to refer to the Secretary of State being taken away;

·       A question was posed as to whether under the new powers the Committee would be able to refer the matter relating to the poor consultation relating to the Humber Acute Services Review. The Committee was reminded that a decision was yet to be made concerning the proposals arising from the Humber Acute Services Review. The Health Scrutiny Officer agreed to liaise with colleagues administering the Joint Committee; and

·       One member suggested that the Committee should make representation to the Secretary of State for Health and Social Care, The Rt. Hon. Victoria Atkins MP expressing the Committee’s concerns on the arrangements for the new ministerial intervention powers.

RESOLVED

1.      That the following changes that came into effect on 31 January 2024 be noted:

(a)    Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) (Amendment and Saving Provisions) Regulations 2024;

(b)   Local Authority Scrutiny – Guidance from the Secretary of State for Health and Social Care;

(c)    Schedule 10A of the National Health Service Act 2006 (in Part); and

(d)   Reconfiguring NHS Services – Ministerial Intervention Powers -Statutory Guidance from the Secretary of State for Health and Social Care.

2.      That agreement in principle be given to a revised protocol being developed between the Health Scrutiny Committee for Lincolnshire and the NHS Lincolnshire Integrated Care Board, with a view to an initial draft being submitted to the Committee’s next meeting on 20 March 2024.

3.      That representation be made to the Secretary of State for Health and Social Care, The Rt. Hon. Victoria Atkins MP expressing the Committee’s concerns on the arrangements for the new ministerial intervention powers.