Steve Sienkiewicz Wrote:On the subject of OSC's (sorry - local authorities) right of referral to the SoS, the response paper states:
"In addition to being consulted on the designation of which services are subject to additional regulation, the local authority will be able to refer decisions about significant changes to any designated services to the Secretary of State".
Does this mean that only changes to DESIGNATED services will be able to be referred? i.e. those that will be protected against failure by Monitor).
Sorry if I'm missing something obvious but I've read through the wording several times (para's 5.39 - 5.41) and still can't be sure!
This is something that has been niggling me and would be useful to bottom out.
Looking at 6.115 to 6.119 the suggestion seems to be that only designated services would be open to referral. The last two bullet points in 6.117 puts the decision about significant service variation with Monitor and commissioners for designated services only- there is no reference to the role of the scrutiny function in this.
Services that are not designated can be ceased- subject only to contractual limitations. Although LAs would be able to 'require any provider of any NHS funded services to account to a scrutiny session'- designated or not- there does not seem to be the power of referral for non designated services. ....but then this may be my reading of this so more informed thoughts would be welcome.
I suspect the agility and nimbleness constantly referred to in the document will be just as important for us as this lot rolls out!