Council of Governors Public Meeting – 13 May 2021 Constitutional Matters E Purpose of the Report This report presents two constitutional matters to the Council of Governors for its consideration. The Council of Governors is asked to:
1. Approve the proposed changes to the Constitution that result from the change in the Local Authority; and 2. Endorse the proposal to initiate an election process for vacant seats on the Council.
Analysis of the Issue
Changes to the Local Authority in Northamptonshire In 2018, a report commissioned by the Secretary of State for Housing, Communities and Local Government concluded that Northamptonshire County Council (NCC) had “failed to comply with its duty under the Local Government Act 1999 (as amended) to provide best value in the delivery of its service”. It recommended ‘a new start’ by “the creation of two new Unitary Councils, one covering the area of Daventry, Northampton and South Northamptonshire and the other encompassing Corby, east Northamptonshire, Kettering and Wellingborough”.
The recommendations of the report were accepted by the Government and plans were put in place to effect the transition from a single County and seven District/Borough councils to two Unitary Councils under the banner of the ‘Future Northants’ (a Local Government Reorganisation) programme. Despite disruptions to the programme caused by the response to the COVID-19 pandemic in 2020, Shadow Authorities were duly formed, management teams established, and elections held for Councillors.
The changes to the Local Authority have implications for NHFT’s Constitution, which is written in accordance with The National Health Service Act 2006, Schedule 7. Paragraph 3 (2) of the Act provides that:
“The constitution may specify one or more areas as areas for public constituencies, each of which must be an electoral area for the purposes of local government elections in England and Wales or an area consisting of two or more such electoral areas”
Paragraphs 9(4) and 9(5) respectively provide that:
“At least one member of the council must be appointed by one or more qualifying local authorities”
“A qualifying local authority is a local authority for an area which include the whole or part of an area specified in the constitution as the area for a public constituency.”
Despite the dissolution of the two-tier authority in Northamptonshire, electoral boundaries have remained largely intact at the time of writing. No changes are required to the public constituencies within NHFT’s Constitution, but the references in the Constitution to Borough/District Councils need to be changed to reflect the new North and West Northamptonshire Councils.
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Since NHFT has two Appointed Governors specifically linked to the former Local Authorities, the Trust will need to consider future Local Authority representation and change its Constitution to reflect the new Councils. Any such change to the Constitution will need to be approved by both the Council of Governors and the Board of Directors. If the Council approves the proposals within this paper, they will be presented to the Board on 27 May for consideration and approval.
Vacant Seats Following the recent Governor elections, there are six remaining vacant seats on the Council of Governors:
▪ Adult Service User Governor (one seat) ▪ Staff Governor – Other Clinical (one seat) ▪ Partner Governor – Criminal Justice Adult (one seat) ▪ Public Governor – Rest of England (one seat) ▪ Public Governor – Wellingborough and East Northants (two seats)
Proposal 1. Changes to the Local Authority The Council of Governors has benefited from having two Local Authority representatives as Appointed Governors. It is important for the Council of Governors to maintain strong links with the Local Authorities that serve the population served by NHFT. The Council should consider retaining two Local Authority seats on the Council of Governors, one for the North and another for the West. a. The wording within the Constitution that refers to the County and District/Borough Councils should be amended to reflect the two new Unitary Councils [see Appendix for the proposed change in wording]. b. Two Appointed Governor seats should be retained for the Local Authority and the name of these seats changed to ‘Partner Governor – North Northamptonshire Council’ and ‘Partner Governor – West Northamptonshire Council’ (see Appendix 1).
2. Vacant seats on the Council of Governors The Council should seek to fill the vacant Governor seats to ensure balanced and effective representation of members and the public. Since the Public Governor – Wellingborough and East Northants seats were both the subject of contested elections and have term left to run, the Constitution provides that the posts should first be offered to those next in line. As the other seats were either not the subject of recent elections, not contested or an Appointed Governor, the Council should initiate the election/appointment process at the earliest opportunity.
Decision Required The Council of Governors is asked to:
1. Approve the proposed changes to the Constitution that result from the change in the Local Authority; and 2. Endorse the proposal to initiate an election process for vacant seats on the Council.
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Paper sponsored by: Fiona Barr, Director of Corporate Governance
Paper authored by: Richard Smith, Head of Corporate Governance
Date submitted: 6 May 2021
Name and date of other committee/forum at N/A which this report/ issue was considered:
Level of assurance gained if considered Assured elsewhere: Partially assured Not assured Date of next report: N/A
DIGBQ strategic alignment: Develop Innovate Grow Build ✓ Quality Organisational Risk Register considerations: Risk number/title
Is the decision required consistent with Yes NHFT’s risk appetite:
False Or Misleading Information (FOMI) None believed to apply considerations:
Positive confirmation that the content does No risks to the safety of patients or the public identified not risk the safety of patients or the public
Equality considerations: None believed to apply
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ANNEX 1 – THE PUBLIC CONSTITUENCY
Name of Constituency Area Minimum Number of Members Kettering and Corby The electoral ward areas comprising the 40 areas covered by North Northamptonshire Council Kettering Borough Council and Corby Borough Council and, for the avoidance of doubt, comprising any successor authority of North Northamptonshire Council Kettering Borough Council or Corby Borough Council
Daventry and South The electoral ward areas comprising the 40 Northamptonshire areas covered by West Northamptonshire Council Daventry District Council and South Northamptonshire Council and, for the avoidance of doubt, any successor authority of West Northamptonshire Council. of Daventry District Council or South Northamptonshire Counc
Wellingborough and East The electoral ward areas comprising the 40 Northamptonshire areas covered by the the North Northamptonshire Council Borough Council of Wellingborough and East Northamptonshire District Council and, for the avoidance of doubt, any successor authority of the North Northamptonshire Council. Borough Council of Wellingborough or East Northamptonshire District Coun
Northampton The electoral ward areas comprising the 40 area covered by West Northamptonshire Council Northampton Borough Counciand, for the avoidance of doubt, any successor organisation of West Northamptonshire Council. Northampton Borough Council.
Rest of England All of the electoral wards in England that 10 are not covered by any other area of the Public Constituency. CONSTITUTIONAL MATTERS – APPENDIX 1
ANNEX 4 – COMPOSITION OF COUNCIL OF GOVERNORS
(Paragraphs 11.2 and 11.3)
Constituency Class Number of governors to be elected
Public – 13 Kettering and Corby 3
Daventry and South 3 Northamptonshire
Wellingborough and East 3 Northamptonshire
Northampton 3
Rest of England 1
Patients – 11 Younger Service Users 1
Adult Service Users 7
Carers 3
Staff – 5 Doctors and Dentists 1 Registered Nurses 1 Unregistered Nurses 1 Other Clinical staff 1 Non Clinical staff 1
Total 29
Appointed Governors Number of Governor seats
Northamptonshire County CouncilNorth Northamptonshire 1 Council West Northamptonshire Council Borough and District 1 Councils in Northamptonshire University of Northampton 1 Criminal Justice - Youth 1 Criminal Justice- Adult 1 Northamptonshire Rights and Equality Council 1 Older People – Age UK Northamptonshire 1 Carer 1
Total 8