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COMMISSIONING a LOCAL HEALTHWATCH Councillor Wayne Report Author: Nick Blake AB Tel: 01733 452486 COMMISSIONING A LOCAL HEALTHWATCH Councillor Wayne Fitzgerald, Cabinet Member for Adult Social Care FEBRUARY 2013 Deadline date: N/A . Cabinet portfolio holder: Cllr Wayne Fitzgerald, Cabinet Member for Adult Social Care Responsible Director: Terry Rich, Interim Executive Director for Adult Social Care Is this a Key Decision? YES If yes has it been included on the Forward Plan : Yes Unique Key decision Reference from Forward Plan : KEY/30NOV12/02 Is this decision eligible for call-in? YES Does this Public report have any NO annex that contains exempt information? R E C O M M E N D A T I O N S The Cabinet Member for Adult Social Care is recommended to: 1. Approve the proposed approach to commissioning a local Healthwatch service 2. Approve the proposed local Healthwatch budget of £198,000 per annum, subject to final funding confirmation. The excludes £12,000 per annum retained by the Council to support contract management costs 3. Approve the proposed sub-regional joint commissioning arrangements for Healthwatch Independent Complaints Advocacy 4. Approve the procurement process to purchase a local Healthwatch service 5. Authorise the Executive Director of Adult Social Care to award the contracts for the local Healthwatch service in consultation with the Cabinet Member for Adult Social Care, Cabinet Member for Children’s Services and the Cabinet Member for Resources 1. SUMMARY OF MAIN ISSUES 1.1 This report seeks approval for a proposed approach to commissioning a local Healthwatch service. 1.2 There are three main elements to the Healthwatch service: local engagement and representation of people using health and social care services; providing information and signposting to health and social care services; and independent complaints advocacy. 2. PURPOSE OF THIS REPORT 2.1 This report is for Cllr Fitzgerald to consider exercising delegated authority under paragraph 3.3.3 of Part 3 of the constitution in accordance with the terms of their portfolio at paragraph 3.10 (d). 3. TIMESCALE Is this a Major Policy NO Item/Statutory Plan? 4. Health and Social Care Act 2012 4.1 The Health and Social Care Act 2012 sets out the requirement for first tier local authorities to have in place a local Healthwatch organisation by 1 April 2013. The local Healthwatch will be the new local Health and Social Care consumer champion and watchdog representing the views of local residents of all ages, advocating and influencing the delivery and commissioning of Health and Social Care services. Local Healthwatch will replace the current Local Involvement Network (LINk) and will include additional functions. 4.2 A representative of local Healthwatch will have a statutory place on the Health and Wellbeing board, ensuring that the views and priorities of local people are represented in strategic commissioning, the Health and Wellbeing strategy and in the development of local Joint Strategic Needs Assessments. 4.3 Local Healthwatch will have a range of responsibilities to various groups and organisations: representing the views of the local population in relation to health and social care services, delivering the local Healthwatch service as commissioned by the Council, reporting local issues and concerns to Healthwatch England. 4.4 Healthwatch England will act as the health and social care consumer champion at a national level and sits within the Care Quality Commission. Healthwatch England will advise the NHS Commissioning Board, English local authorities, Monitor (health sector regulator) and the Secretary of State. It will also have the power to recommend that action is taken by the Care Quality Commission (CQC) when there are concerns about health and social care services. Local Healthwatch functions 4.5 As set out in section 1.3 above, there are three main elements to local Healthwatch: engaging with and representing the view of local people in relation to health and social care, providing signposting to health and social care services, providing independent complaints advocacy. 4.6 Engaging with and representing the views of local people will involve: • Gathering views and understanding the experiences of people who use services, carers and the wider community • Making people’s views known • Promoting and supporting the involvement of people in the commissioning and provision of local services and how they are scrutinised • Recommending the investigation or special review of services to Healthwatch England or directly to the Care Quality Commission (CQC) 4.7 Signposting to health and social care services will involve: • providing information and advice about local health and social care services • supporting people to make informed choices about which services they access 4.8 Independent complaints advocacy will involve: • Supporting people who wish to make a complaint about NHS services 4.9 Independent complaints advocacy may be commissioned from the local Healthwatch directly or through a third party organisation. Guidance on commissioning local Healthwatch 4.10 The Department of Health (DH) and the Local Government Association (LGA) have provided a range of information and guidance on commissioning local Healthwatch organisations. Additionally there had been some consultation on secondary legislation following on from the Health and Social Care Act 2012. Key points from this guidance are summarised within this section of the report (sections 4.10 to 4.14 inclusive). 4.11 Local Healthwatch is required to be a body corporate, an organisation that has a legal identity and that can enter into contracts and employ people directly. The decision on what form the organisation should take has been left to Local Authorities to decide and could include a registered charity, a public company or some other form of legally constituted organisation. 4.12 DH guidance has stated that Local Authorities should identify the most appropriate procurement route and that this could include grant aid, single tender or formal tendering. 4.13 Funding for Healthwatch will be made up of three parts: the current LINk funding allocation in the local formula grant, a specific DH grant for additional Healthwatch functions and DH independent complaints advocacy funding. DH has provided indicative funding allocations for 2013/2014. The proposed annual budget for Healthwatch Peterborough would be £198K, made up of: • Current LINk funding £110K • Additional DH Funding for 2013/2014 £88K 4.14 No Healthwatch funding streams will be ring fenced and will be subject to local decision on final allocation. The Council retains around 10% of the current LINk funding to support associated contract management costs, which equates to £12k and is excluded from the figures in section 4.13. The proposed approach to commissioning Healthwatch Peterborough: Engagement and Signposting 4.15 Given Peterborough LINk’s track record of delivering effective engagement with local people, representing their views to commissioners, an approach to commissioning Healthwatch Peterborough that retains the strengths and experience of Peterborough LINk whilst complying with statutory requirements is proposed. 4.16 Preparatory work has been undertaken with Peterborough LINk to set up a Community Interest Company (CIC) with the principal purpose of providing local Healthwatch functions. The Council has supported development of organisational structures and the recruitment of directors to the CIC board to ensure that the organisation has robust governance in place to support it in discharging its responsibilities should the proposed commissioning approach be approved. It is proposed that both the community engagement and representation functions and the signposting functions are commissioned from the Healthwatch CIC. 4.17 Healthwatch CIC will be responsible for providing the signposting function currently provided by NHS PALS (Patient Advice and Liaison Service). This will require a dedicated staff resource to be available to field enquiries from the public and availability will be key to the service successfully meeting the required outcomes. The two main options considered so far are for the Healthwatch CIC to purchase this service from: • a local voluntary sector organisation or group of organisations: this would involve a local provision of sign posting support and would enable a local face-to-face service based within Peterborough. • the NHS Peterborough / Clinical Commissioning Group PALS service: this would involve a telephone based service and would mean that the PALS service would also have close links with health patient engagement. 4.18 Initial discussion with NHS Peterborough and PCC Human Resources has identified that TUPE will apply to one current NHS PALS post employed by NHS Peterborough. This will mean that, should there be a change of organisation delivering these services, the post will transfer to the new organisation retaining its current contractual terms and conditions. As part of agreeing funding with the Healthwatch CIC the Council will ensure that whichever option is agreed can deliver the required outcomes and offers best value. The proposed approach to commissioning Healthwatch Peterborough: independent complaints advocacy 4.19 Currently Independent Complaints Advocacy services are commissioned by the Department of Health; the contract covering the Eastern Region was awarded to PoHWER which will continue to deliver this service up until 31 March 2013. 4.20 The regional DH and Local Government Association programme to support local authorities
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