Agenda item

To receive and consider a report from the Head of Scrutiny and Member Development to consider the position regarding the provision of information requested under the Local Authority (Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013.

The Head of Scrutiny and Member Development submitted a report to help members of the Joint Committee consider the position regarding the provision of information requested under the Local Authority (Public Health, health and Wellbeing Boards and Health Scrutiny) Regulations 2013. 

The report detailed that a number of information requests remained outstanding.  It was outlined that such requests related to the Safe and Sustainable Review of Children’s Congenital Cardiac Services and the temporary suspension and recommencement of children’s heart surgery services at Leeds Teaching Hospitals NHS Trust during March / April 2013.

The following supplementary information was also submitted and considered at the meeting (minute 21 refers):

·  Letter from Dr Mike Bewick (NHS England), dated 3 April 2014

·  Advice from Leeds City Council’s Legal Services

The following representatives were in attendance to help the Joint Committee consider the information presented:

·  Dr Mike Bewick (Deputy National  Medical Director – NHS England)

·  Steven Courtney (Principal Scrutiny Adviser – Leeds City Council)

By way of introduction, the Chair of the Joint Committee outlined efforts to obtain information from NHS England relating to the Safe and Sustainable Review of Children’s Congenital Cardiac Services and the temporary suspension and recommencement of children’s heart surgery services at Leeds Teaching Hospitals NHS Trust during March / April 2013. 

The Chair expressed disappointment around NHS England’s efforts to respond to a number of information requests, which in some cases were described as slow, reluctant and incomplete.  The Chair also expressed concern around key information currently outstanding (making specific reference to a letter from the Chief Executive of Children’s Heart Federation) and the level of redactions applied to information currently provided.

In addressing the Joint Committee, the Deputy National Medical Director (NHS England) apologised on behalf of NHS England for any delay in responding and assured members that NHS England was not attempting to block the appropriate release of information.  In relation to the issues raised around redacting information, it was stated that redactions were only made where it was felt there may be harm caused in delivering such information, with the following specific points being made:

·  Where an individual’s career may be affected – where there is no process for any right of response.

·  Where comments have been received when individuals have ‘merely written in’ and have been involved in the detailed scope of matters.

·  Where details are under the tutelage of other organisations (for example, the Department of Health)

On behalf of the National Medical Director (NHS England), the Deputy National Medical Director gave an assurance to provide as much information as possible in response to requests made.

The Principal Scrutiny Adviser addressed the meeting and summarised the legal advice provided to the Joint Committee covering the following areas:

·  Breadth of request;

·  Information that may be “reasonably” required; and,

·  The redaction of information. 

In discussing the next steps with members of the Joint Committee it was proposed that:

·  The Joint Committee should confirm its relevant function – i.e. Under Regulation 26(1) of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013, the Joint Committee’s request for information derived from the review and scrutiny of the temporary closure of the Children’s Congenital Cardiac Surgery Service at Leeds Teaching Hospitals NHS Trust (LTHT) in March / April 2013.

·  The information was reasonably required to specifically establish Sir Bruce Keogh’s role in that closure, the potential role of other organisations or individuals and the processes associated with the temporary closure of the Children’s Congenital Cardiac Surgery Service at LTHT in March / April 2013.

·  In order to seek local resolution, lawyers representing NHS England should be invited to enter discussions with legal representatives acting on behalf of the Joint Committee to discuss the interpretation and application of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013, insofar as they relate to the temporary closure of the Children’s Congenital Cardiac Surgery Service at LTHT in March / April 2013.

·  Should the attempts to reach local agreement around the interpretation and application of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013, insofar as they relate to the temporary closure of the Children’s Congenital Cardiac Surgery Service at LTHT in March / April 2013, be unsuccessful, that legal representatives acting on behalf of the Joint Committee should seek Counsel Opinion on such matters.

Members also discussed the terms of reference for the Joint Committee’s future consideration of specific matters associated with the temporary closure of the Children’s Congenital Cardiac Surgery Service at LTHT in March / April 2013.  It was proposed and agreed that authority to agree such terms of reference with NHS England be delegated to the Chair of the Joint Committee and Principal Scrutiny Adviser.

Members of the Joint Committee were specifically asked to confirm details around the relevant function and information now reasonable required from NHS England.

RESOLVED –

(a)  That the information presented to the meeting be noted.

(b)  That, under Regulation 26(1) of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013, the Joint Committee’s now requested information derived from the review and scrutiny of the temporary closure of the Children’s Congenital Cardiac Surgery Service at Leeds Teaching Hospitals NHS Trust (LTHT) in March / April 2013.

(c)  That, in relation to the temporary closure of the Children’s Congenital Cardiac Surgery Service at LTHT in March / April 2013, the Joint Committee reasonably required all information from NHS England necessary to specifically establish Sir Bruce Keogh’s role in that closure, the potential role of other organisations or individuals in that closure and all the steps and processes leading up to and associated with that closure.

(d)  That authority to agree the specific terms of reference for the Joint Committee’s future consideration of specific matters associated with the temporary closure of the Children’s Congenital Cardiac Surgery Service at LTHT in March / April 2013, be delegated to the Chair of the Joint Committee and Principal Scrutiny Adviser.

(e)  That, in order to seek local resolution, lawyers representing NHS England be invited to enter discussions with legal representatives acting on behalf of the Joint Committee to discuss the interpretation and application of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013, insofar as they relate to the temporary closure of the Children’s Congenital Cardiac Surgery Service at LTHT in March / April 2013.

(f)  That, should attempts to reach local agreement (as outlined in (e) above) be unsuccessful, that legal representatives acting on behalf of the Joint Committee should seek Counsel Opinion on such matters.

At the conclusion of the discussion, the Chair thanked the Deputy National Medical Director for his contribution to the item and areas of discussion.