Agenda item

The Chairman reminded the Committee that the review to reconfigure acute hospital services was in its final stages and that the following Agenda Item sought HOSC approval of the draft consultation document.  However, it was first necessary for HOSC to agree its approach, in particular whether a joint Committee was required or desirable.

Members had to consider the legislation in place when considering substantial changes and whether to exercise their discretion to have a joint committee should be applied in this particular case. 

The Head of Legal and Democratic Services (HLDS) advised that the legislation was complex but clear on the issue of joint committees.   Under Regulation 30, the legal duty to have a joint scrutiny committee was only triggered if the responsible health body carried out Regulation 23 consultation with more than one local authority.  If it did not, there was a discretionary power to appoint a joint scrutiny committee if the authorities wished to delegate functions to it.  As Health were not so consulting with other neighbouring local authorities, there was no legal duty upon the Council to form a joint scrutiny committee to consider the proposals. This left a discretionary power to form a joint scrutiny committee if HOSC considered it appropriate.

In the discussion, the following main points were made:

·         The Chairman confirmed that if a joint Committee were to be formed, it would be Chaired by Worcestershire County Council.  However, taking into account the need for political balance (confirmed by HLDS where there were 3 or more nominations), some Members were concerned that the Worcestershire voice would be marginalised

·         From the neighbouring authorities, Herefordshire and Birmingham were supportive of a joint Committee, yet Warwickshire and Solihull shared the view that the proposals were not substantial to their populations

·         One Member agreed that although there was no legal obligation, there was a strong moral obligation to work with neighbouring authorities and favoured a joint Committee.  The Member went on to state that documentation had been received from University Hospitals Birmingham NHS Foundation Trust (UHB) which strongly suggested that there were concerns over the proposals

·         One Member suggested that as a way forward, Members from neighbouring authorities could be invited to a meeting, in order that Worcestershire HOSC could hear their views and inform their decision-making process.  The HLDS advised that if HOSC invited observers from other authorities to attend and participate but not vote, this would not affect political balance issues

·         The Chairman clarified that if Members wanted a joint Committee, it would delay the consultation process and he felt this was inadvisable at this stage in the process.

The Chairman invited Simon Trickett, Interim Chief Officer of Redditch and Bromsgrove and Wyre Forest Clinical Commissioning Group to comment on the Item and discussion.

Mr Trickett reminded Members that the role of HOSC was to scrutinise, and in particular to ensure that the level of consultation that was being undertaken in relation to service changes that impact on Worcestershire's population was appropriate.  Neighbouring Clinical Commissioning Groups had decided that they did not want to jointly consult their populations, but rather respond to the consultation.  The Programme Board was aware that the main provider in Birmingham (UHB) was concerned, but the situation was being monitored following the temporary emergency changes to services that had already taken place earlier in the year.  It was important to put the situation into context and it was suggested that over the last twelve months, residents from Redditch and Bromsgrove arriving at UHB A&E had increased by 21%.  This equated to an additional 47 people per month, which, as one Member highlighted, could have been the closest A&E to their workplace, not necessarily due to the temporary changes in Worcestershire.

In addition, it was important to note that the consultation plans would include engagement activity outside of the County and all neighbouring residents would also have the opportunity to contribute to the consultation.

It was moved and seconded that no joint HOSC be created, and this was agreed upon being put to the vote.   HOSC then unanimously agreed to invite neighbouring HOSCs to a future session to inform Worcestershire HOSC's consideration of these proposals as non-voting participating observers. 

The Chairman hoped neighbouring authorities would engage with the Worcestershire HOSC.