[Nick Beale]

ssharma Wrote:It also says this,

"If a local authority has concerns about a significnant proposed closure of local services, for example and A&E department, it will have the right to challenge health organisations, and refer the case to the Independent Reconfigutation Panel. The Panel would then provide advice to the Secretary of State for Health"

How does this square with our health scrutiny powers??? Another one for CfPS and regional scrutiny networks to take up?

Sunita

Isn't that the same right we already have? The only difference (possibly just a drafting error) is that we refer to the Secretary of State rather than directly to the IRP. Our Health OSC did this only recently, we referred a proposal to the the SoS and he asked the IRP's advice.

[Matthew Garrard]

That possible slight drafting error would be a useful one. At present the decision to seek advice from the IRP lies with the Secretary of State and whilst there is nothing to stop an OSC sending a copy of any referral to the IRP its hands are tied unless the Secretary of State invites comment.

[Sunita Sharma]

Nick Beale Wrote:

ssharma Wrote:It also says this,

"If a local authority has concerns about a significnant proposed closure of local services, for example and A&E department, it will have the right to challenge health organisations, and refer the case to the Independent Reconfigutation Panel. The Panel would then provide advice to the Secretary of State for Health"

How does this square with our health scrutiny powers??? Another one for CfPS and regional scrutiny networks to take up?

Sunita

Isn't that the same right we already have? The only difference (possibly just a drafting error) is that we refer to the Secretary of State rather than directly to the IRP. Our Health OSC did this only recently, we referred a proposal to the the SoS and he asked the IRP's advice.

This right currently exits with OSC and not the LA - it would be helpful to understand whether they mean LA OSCs or the council.

Sunita

[Sunita Sharma]

mgarrard Wrote:That possible slight drafting error would be a useful one. At present the decision to seek advice from the IRP lies with the Secretary of State and whilst there is nothing to stop an OSC sending a copy of any referral to the IRP its hands are tied unless the Secretary of State invites comment.

I agree.

Sunita

[Nick Beale]

ssharma Wrote:

Nick Beale Wrote:

ssharma Wrote:It also says this,

"If a local authority has concerns about a significnant proposed closure of local services, for example and A&E department, it will have the right to challenge health organisations, and refer the case to the Independent Reconfigutation Panel. The Panel would then provide advice to the Secretary of State for Health"

How does this square with our health scrutiny powers??? Another one for CfPS and regional scrutiny networks to take up?

Sunita

Isn't that the same right we already have? The only difference (possibly just a drafting error) is that we refer to the Secretary of State rather than directly to the IRP. Our Health OSC did this only recently, we referred a proposal to the the SoS and he asked the IRP's advice.

This right currently exits with OSC and not the LA - it would be helpful to understand whether they mean LA OSCs or the council. Sunita

It would be helpful but I doubt that there's much detail behind the coalition programme yet - they've only had 10 days to write the headlines.

The OSC has the power to go direct to the Secretary of State, without reference to Cabinet or Council. However the NHS has its wider S.11 duty of public involvement and that can (should?) entail consulting the authority as a whole on a substantial development or variation in service. So we've always understood that there might be both an OSC and a Cabinet response to something, and what is to stop the Cabinet writing to the SoS if they're sufficiently concerned?

Incidentally, the IRP don't just handle formal referrals. From their website: "Anyone involved with issues relating to changes to health services in their area can ask us for free informal advice. NHS organisations and local authority overview and scrutiny committees in particular may benefit. "

[Ed Hammond]

My suspicion is that the section on health referrals has been written by someone who has "forgotten" about the health OSC role under the 2001 Act.

On the wider issues, you may have noted that we have issued a press release about this which will presumably be picked up in next week's LG publications.

The next step is the Queen's Speech next week, where we will find out whether a Local Government Bill is on the cards for this Parliamentary session - I suspect it will be. At this point we will start "engaging" with CLG about the proposals. The National Forum (draft minutes up on the website shortly) has already requested that we get CLG along to their July meeting to explain any proposals. The Secretary of State is also due to speak at our Annual Conference.

It's difficult to comment on things at the moment, because the coalition plans still do read like a manifesto - and let's not forget the massive caveat on the back cover of the document itself! That said, the local gov plans do generally reflect previously articulated Tory policy and I expect that in opposition they put together a White Paper for a lot of this stuff, which we can expect imminently.

[Josh Mynott]

Ed,

Are you saying (and I find this scarecly credible) that a government has made some policy proposals about local government, apparently based on a lack of understanding and knowledge of how local government actually works?

I find that hard to believe. The last lot never did anything like that (certainly not in 2000, 2001, 2003, 2006, 2007, 2009 etc etc)

[Ed Hammond]

Goodness me no, Josh. That would be quite absurd. As you will know from the quality of the debates in the Commons that take place on the subject of O&S, MPs are highly aware of the nuances of local government scrutiny and are certainly not given to pontificating on it in an ill-informed manner.

Another interesting point has surfaced - the requirement of councils to publish "all meeting minutes". Now, presumably this includes "informal" internal meetings. Would it include task and finish group minutes? Probably, yes. There is not much detail but this may prove interesting - as will the requirement to publish all expenditure over £500.

(In an unrelated point, all CfPS consultancy will henceforth be charged in blocks of £499 each)

[tim gilling]

Clearly there is a lot of detail to be worked out behind these headline statements.

Presumably the reference to 'local authorities' in the context of reconfigurations of health services covers the angle that some LAs may choose to take the option to return to the committee system and therefore the right to refer would be with the LA (decision taken to refer would be by Council, policy and resources committee, health committee - if there is one - in that scenario?) rather than with overview and scrutiny.

Power to refer directly to the IRP will be useful as currently it is SoS discretion to use the Panel. Patricia Hewitt hardly used it but Alan Johnson and Andy Burnham sent every referal to the Panel.

Section 242 of the NHS Act 2006 is the old 'Section 11' (of the Health and Social Care Act 2001) - I imagine that the duty on the NHS to involve people in planning, delivery and operation of health services will remain - linked to the power for public petitions to influence House of Commons debates it is possible that the more unpopular and controversial reconfigs could be debated in the House.

Section 244 (duty to consult OSCs that judge proposals for change to be substantial) would need to have 'local authorities operating a committee system of governance' inserted so that those LAs that choose not to maintain an OSC structure don't lose out. But which part of the LA would have the right to refer needs to be spelt out (see above).

Today we find out where the Coalition plans to find savings this year and on 22 June we will get the Budget. In this current climate it seems to me that the role of elected members to champion the interests of local people and the areas where they live is very strong particularly if structures for delivering and/or checking the quality of public services are going to change.

The CfPS annual conference and development day on 30th June and 1st July provide the chance for you to be among the first to discuss and debate the issues.

Regional events will be well timed later in the year for public sector colleagues to discuss and make sense of what the emerging policy framework means for them. The national Overview and Scrutiny Forum and the Healthy Accountability Forum can also have opportunities to influence the debate by engaging with representatives from relevant government departments as draft legislation comes forward and/or issues arise.

'Accountability Works' sets out the confident and ambitious vision for local accountability that CfPS will be arguing for.

[Philip Whiteman]

Anyone hoping for clarrification with regard to Government's intentions for overview and scrutiny in today's Queen's Speech will be disappointed. A local government bill is promised but the Downing Street description makes no reference to O&S or even the extension of the mayoral system.

So this leaves three options:

1. The final published LG Bill will contain a provision for permitting a committee system;

2. Government will wait until the next Queen's Speech;

3. Or there may be provision for a statutory instrument to remove the 85,000 residential limit on 4th option councils.

My betting is on the last point. A statutory instrument would be a relatively easy measure to permit a committee system albeit to similar to a 4th Option model. In other words, all councils could introduce a committee structure with a 'policy committee' being the de-facto executive.

However, Government should take heed from the experiences of the 4th option authorities. Despite many opting to retain the committee system after the LG 2000 Act, a number eventually sought to opt into the standard model of executive plus O&S.

So watch this space.