Agenda item - Establishment of a Joint Health Overview & Scrutiny Committee (JHOSC)

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Agenda item

Establishment of a Joint Health Overview & Scrutiny Committee (JHOSC)

Report of the Executive Lead for Strategy, Governance & Law to establish a Joint HOSC: JHOSC (copy attached).

Minutes:

19.1  This item was introduced by the scrutiny officer, who explained that under the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013, councils must establish a joint health overview and scrutiny committee (JHOSC) to respond to consultation on proposals for substantial variation in health services (SViS) affecting more than one local authority area.

19.2  Chairs of the HOSCs within the STP footprint have been advised by local NHS leaders that there are likely to be SViS affecting more than one local authority area emerging in the near future; hence there is a requirement for a JHOSC to be established. Suggested Terms of Reference and Ways of Working for the JHOSC had been drawn up by support officers and approved by HOSC Chairs and were presented to the committee for its approval.

19.3  Because of the way that the Brighton & Hove HOSC is constituted, its formal legal powers are held by Full Council rather than by the HOSC. This means that any decision to establish a JHOSC would need to be taken by the Full Council following a HOSC recommendation.

19.4  Cllr Allen stated that he was sceptical of the wisdom of the HOSC considering issues relating to a JHOSC when there were local elections in May 2019. Rather than seeking to bind a future HOSC it would be more sensible to defer any decisions until after the local elections.

19.5  In response to a question from Cllr Marsh on whether the HOSC was obliged to join a JHOSC, the scrutiny officer explained that the HOSC could not be required to actively participate in the JHOSC. However, there is no way in which an individual HOSC can formally scrutinise an issue in parallel to a JHOSC, since HOSC statutory scrutiny powers relating to SViS affecting more than one local authority area are automatically delegated to the JHOSC. Therefore, if the HOSC wants to scrutinise substantial cross-boundary change plans, it can only practically do so via a JHOSC.

19.6    In answer to a question from Colin Vincent on having co-optees on the JHOSC, members were told that this had been discussed, but that it would be difficult to include co-optees from all four STP footprint HOSCs on the JHOSC without making it unmanageable. However, this is an issue that can be explored again with the other HOSCs.

19.7    In answer to a query from Mr Vincent on how the JHOSC would be reported to local people, the scrutiny officer noted that the JHOSC would meet in public and would have publicly accessible papers etc. It would be up to the HOSC to determine whether there should be additional local measures: e.g. a briefing on JHOSC activity at each HOSC meeting or agreeing that the HOSC’s JHOSC members would present issues of local concern at JHOSC meetings. As these arrangements would apply only to individual HOSCs there would be no need for all JHOSC HOSCs to jointly agree to adopt the same measures.

19.8    Fran McCabe told members that she shared Mr Vincent’s concerns. She specifically noted that a JHOSC which would presumably be meeting in several different locations would not be easy for local people to access; and that co-optees could potentially provide an in-depth understanding of issues that newly elected Cllrs may not possess.

19.9    The Chair noted that he saw little point in appointing members of the HOSC to the JHOSC if there was no prospect of those members remaining on a post-May JHOSC.

19.10  There was discussion as to whether it was practically possible to defer this decision until the next (January 2019) HOSC meeting. The scrutiny officer confirmed that this would be possible. This would mean that Brighton & Hove would be amongst the last councils to make decisions on the JHOSC, but it would not significantly delay its establishment. There was general agreement that it would be sensible to defer these decisions. This would give officers time to talk with the council’s lawyers and with their counterparts in other authorities to produce an improved report. Issues that should be considered include: the precise legal requirements regarding JHOSCs; the issue of having JHOSC co-optees; means of ensuring that there is appropriate local influence on the JHOSC; how to ensure that local residents have means to engage with the JHOSC.

19.11  RESOLVED – that this decision be deferred until the January 2019 HOSC meeting.

 

Supporting documents:

 


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