Consultation on the Draft Regulations relating to the Public Bodies (Joint Working) (Scotland) Act 2014 (Set 2 of 2)

Consultation Paper

Public consultation on the second set of draft Regulations and Orders to accompany the Public Bodies (Joint Working) (Scotland) Act 2014

Introduction

The Public Bodies (Joint Working) (Scotland) Act 2014 provides a framework to support improvements in the quality and consistency of health and social care services through the integration of health and social care in Scotland.

The policy rationale for integrating health and social care services is: to improve the quality and consistency of services for patients, carers, service users and their families; to provide seamless, joined up, quality health and social care services in order to care for people in their homes, or a homely setting, where it is safe to do so; and to ensure resources are used effectively and efficiently to deliver services that meet the increasing number of people with longer term and often complex needs, many of whom are older.

Set 2 of the draft Regulations and Orders relating to the Public Bodies (Joint Working) (Scotland) Act 2014 are contained within this consultation. Their purposes are:

1. Prescribed groups which must be consulted when preparing Integration Schemes,
Section 6(2)(a) of the Public Bodies (Joint Working) (Scotland) Act 2014

Prescribed groups, a representative of which must be sent a copy of the second draft strategic plan and invited to give views,
Section 33(6) of the Public Bodies (Joint Working) (Scotland) Act 2014

Prescribed groups who must be consulted on decisions which significantly affect a locality,
Section 41(4) of the Public Bodies (Joint Working) (Scotland) Act 2014

Prescribed groups of persons who must be consulted when revising Integration Schemes,
Section 46(4)(a) of the Public Bodies (Joint Working) (Scotland) Act 2014

These Regulations prescribe who must be consulted:

• When preparing Integration Schemes;
• In the development of the strategic plan;
• For locality planning; and
• When revising Integration Schemes.

2. Membership, powers and proceedings of Integration Joint Boards ,
Section 12(1) of the Public Bodies (Joint Working) (Scotland) Act 2014

The Public Bodies (Joint Working) (Scotland) Act 2014 requires Health Boards and Local Authorities to agree one of four models of integration. One of these models, set out in section 1(4)(a) of the Act, is described as 'body corporate' and allows the delegation of functions and budgets from the Health Board and Local Authority to a newly established Integration Joint Board.

This draft Order makes provision as to how an Integration Joint Board established under the Public Bodies (Joint Working) (Scotland) Act 2014 is to operate. This includes , who is required to be included in the membership of the board, which members may vote, and other procedures relating to the operation of the board. The Order also makes provision allowing Integration Joint Boards to enter into agreements or contracts which are necessary for them to carry out their duties under the Act. For example, contracts to enable the Integration Joint Board to receive professional advice such as legal or accounting, or when making arrangements in relation to premises, equipment and staff.

Section 12(1) of the Act provides for Scottish Ministers to make provision about the membership, proceedings and powers of Integration Joint Boards; the supply of services or facilities to Integration Joint Boards by a Local Authority or Health Board; the establishment of committees by Integration Joint Boards; the operation of committees of Integration Joint Boards; and

the delegation of functions conferred upon Integration Joint Boards by an Integration Scheme to the chief officer, any member of its staff or any committee.

3. Establishment, membership and proceedings of joint monitoring committees,

Section 17(1) of the Public Bodies (Joint Working) (Scotland) Act 2014.

The Public Bodies (Joint Working) (Scotland) Act 2014 requires Health Boards and Local Authorities to agree one of four models of integration. Three of these models are described as 'lead agency' and allows the delegation of functions and budgets between the Health Board and Local Authority. Section 1(4)(b)(c)(d) of the Act sets out these three models of delegation as follows:

• The Health Board may delegate functions and resources to the Local Authority;
• The Local Authority may delegate functions and resources to the Health Board; or
• The Health Board and the Local Authority may delegate functions to each other.

Section 15(3) of the Act provides that where the Health Board and the Local Authority agree to use one of these models of integration, they are required to jointly establish an integration joint monitoring committee for the purpose of monitoring the carrying out of the integration functions for the Integration Authority area.

This draft Order covers the matters that Scottish Ministers intend to prescribe relating to the operation of integration joint monitoring committees. It includes provisions about the following matters:

• Membership
• Term of office of members
• Membership where Integration Scheme is prepared by two or more Local Authorities
• Appointment of the Chairperson
• Disqualification
• Resignation of Members
• Removal of Members
• Replacement of Members
• Expenses of Members
• Proceedings/Standing Orders

4. Prescribed membership of strategic planning group
Section 32(2) of the Public Bodies (Joint Working) (Scotland) Act 2014

The Public Bodies (Joint Working) (Scotland) Act 2014 requires each Integration Authority to establish a strategic planning group. Under the Act, the strategic planning group must be consulted during the preparation, review and amendment of the strategic plan.

These draft Regulations prescribe the people that must be represented on the group. The group should comprise health and social care professionals, third and independent sector providers, service users and carers, representative groups and housing providers.

5. Prescribed form and content of performance report
Section 42(3) of the Public Bodies (Joint Working) (Scotland) Act 2014

Integration Authorities will have responsibility for the planning and resourcing of a significant proportion of health and social care services within Scotland. It is important that the Integration Authority reports and accounts for their activities so that the public are able to assess the progress made to improve outcomes by the Integration Authority that serves them. Section 42(1) of the Public Bodies (Joint Working) (Scotland) Act 2014 requires that each Integration Authority prepare an annual performance report.

Section 42(3) of the Public Bodies (Joint Working) (Scotland) Act 2014 gives Scottish Ministers the power to make Regulations that prescribe the form and content of performance reports.

The draft Regulations include provisions requiring the performance report to contain information about the following matters:

• Progress against the national health and wellbeing outcomes;
• Progress against a suite of key measures and indicators;
• Progress against the integration delivery principles with particular reference to strategic and locality planning;
• An overview of the integrated budget and the proportional changes within it;
• The flexibility to allow reporting on local outcomes and priorities.

And, where a lead agency model of integration is used:

• Details of any recommendations and associated responses from and to the integration joint monitoring committee.