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A Meeting of the Dorset Healthcare University NHS Foundation Trust

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A Meeting of the Dorset Healthcare University NHS Foundation Trust A meeting of the Dorset HealthCare University NHS Foundation Trust Board of Directors will be held at 1.00pm on Wednesday 27th March, 2013 at The Allendale Centre, (Quarterjack Suite), Hanham Road, Wimborne, Dorset, BH21 1AS AGENDA PART I 1. Apologies for absence 1.00-1.05 2. To confirm Part I Minutes of the Board Meeting held on 30th January, 2013 Appendix A 1.05-1.10 3. Matters Arising Report Appendix B ITEMS FOR DECISION 4. To approve the PCT Estate Transfer Appendix C 1.10-1.25 5. To approve the Trust’s Strategy Appendix D 1.25-1.40 6. To approve the recommendations of the Director of HR in Appendix E 1.40-1.50 relation to the Southwest Pay Consortium ITEMS FOR DISCUSSION 7 To receive a Report from the Chief Executive Appendix F 1.50-2.05 8. To discuss the Integrated Quality, Finance and Performance Report for March, 2013 from Jane Elson, Appendix G 2.05-2.20 Director of Quality and Roy Jackson, Director of Finance 9. To receive the overview report following the CQC inspection of Minterne Ward (This will include a verbal To follow 2.20-2.35 update from Mr Mike Beesley and Mr Wayne French) ITEMS FOR INFORMATION 10. To receive a briefing paper for the following Board Committee Meetings: • Audit Committee Meeting held on 11th January, Appendix H 2013 and 8th March, 2013 • Quality, Clinical Governance and Risk Committee Appendix I held on 19th February, 2013 2.35-2.45 • HR & Workforce Development Committee held on Appendix J 6th March, 2013 • Mental Health Act Managers Quarterly Summary Appendix K Report for the period 1st October – 31st December 2012 11. To receive the Annual Plan Tracker Appendix L 2.45-2.55 Significant issues from Directors Observations from Governors 2.55-3.05 Any Other Business Date of Next Meeting The next meeting will take place on Wednesday, 29th May, 2013 commencing at 1.00pm at Kingston Maurward College, Dorchester, Dorset, DT2 8PY To resolve that representatives of the press and other members of the public be excluded from the remainder of this meeting having regard to the confidential nature of the business to be transacted, publicity on which would be prejudicial to the public interest. Matters Arising Report Part I Board Meeting 27 March 2013 Report from the Trust Board Secretary on Matters Arising from the Minutes of the Part 1 Meeting of the Board of Directors held on Wednesday 30 January 2013. 1. Purpose To report to the Board on any matters arising from the draft minutes of the last Board meeting. 2. Recommendation That the Board notes this report and recommends any action it considers appropriate. 3. Background Information This report covers all outstanding action points contained in the minutes and is required in order that the Board can be satisfied that all action points in the action column have either been completed, are in progress or will be completed in accordance with any timescale contained in the minute Minute Topic Action Lead Deadline 089/12 South West To discuss the Trust Board March 2013 Regional Pay Business Case Secretary Consortium at the March Mr Harvey Business Case Board Meeting Response On Agenda . Minute Topic Action Lead Deadline 091/12 Reducing Mr Hague to Director of HR March 2013 sickness present a Mr Hague absence benchmarked plan to the HR and Workforce C:\Documents and Settings\leslford\Local Settings\Temporary Internet Files\Content.Outlook\7QUGTCHN\Part I Board - Matters Arising 1 March 2013.doc Development Committee and then the Board Response Report being prepared for next HR and Workforce Development Committee meeting on 6 March 2013. Minute Topic Action Lead Deadline 091/12 Improvement in Develop a plan Director of March 2013 patient identified to ensure this Mental Health goals’ target is ‘green’ Services by March 2013 Mr Barton Response Reporting promoted directorate wide and exception reports produced at team level. Functionality of Mental Health electronic record system (RiO) being tested for directly recording goals to eliminate current paper based process. The collection of Outcomes will be included in the Directorate Pathway work. Chris Harvey, Trust Board Secretary 20 March 2013 C:\Documents and Settings\leslford\Local Settings\Temporary Internet Files\Content.Outlook\7QUGTCHN\Part I Board - Matters Arising 2 March 2013.doc Board Executive Summary – Part 1 Meeting Title of Paper PCT Estates Transfer Author(s) Director of Finance Executive Roy Jackson Date of 21 March 2013 Lead Paper Committees Not applicable presented Purpose of Paper To provide an update on the PCT Estates Transfer, progress against the 4 caveats required by the Trust Board at their 28 November 2012 meeting and summary legal advice on the draft terms of transfer. Links The Health and Social Care Act 2012 Considerations, Implications and Risks (e.g. financial, legal etc and appraisal of alternative options) The key risks associated with the subject of these papers are risks associated with: - stewardship, i.e. investments in estates that may transfer back to the Secretary of State - uncertainty of how the Secretary of State would decide to permit the sale of a property; - potentially receiving the properties on 1 April 2013 irrespective of whether a Trust Board approval is given or a Monitor final risk rating is given. Involvement / Consultation Council of Governors gave unanimous approval on 14 December 2012 for the transfer of stewardship for the proposed assets from the PCTs to the Trust. The Trust Board approved the proposal on 28 November 2012 subject to 4 caveats. Impact Assessment A financial impact assessment was considered at the 28 November 2012 Trust Board meeting. Implementation Plan We are currently waiting for the final transfer terms from the Department of Health (at the time of writing). C:\Documents and Settings\leslford\Local Settings\Temporary Internet Files\Content.Outlook\7QUGTCHN\Appendix C - 1 Trust Board 27 Mar 2013 - PCT Estates Transfer - Frontis page.docx Monitor final risk rating is yet to be received. This is delayed due to the absence of the final transfer terms for review. Findings / Conclusion / Options There are significant matters arising since the November 2012 Trust Board meeting to consider as follows: • potential transfer on 1 April 2013 by statute without Trust Board approval or Monitor final risk rating; • properties allowed to transfer back to Secretary of State by 1 October 2013 if “not obtained necessary approvals or final risk rating from Monitor”; • Draft transfer terms have no clarity on how the Secretary of State would decide to permit the sale of a property; • Monitor gave a Governance risk rating of ‘Red’ at Q3 compared to the ‘Amber Green’ position in the indicative risk rating for the transaction; • Uncertainty over VAT status which may increase rent charges if properties transferred to NHS Property Services Limited; Action(s) requested of the Board The Board is therefore asked to note the paper and delay its decision regards accepting the stewardship of the proposed properties from NHS Bournemouth and Poole and NHS Dorset until the earlier of: (a) clarity received regards the Secretary of State’s decision to permit a property sale; (b) 25 September 2013 (the Trust Board meeting prior to the deadline of 1 October 2013); Copy of Full Report (embed) Microsoft Word 97 - 2003 Document C:\Documents and Settings\leslford\Local Settings\Temporary Internet Files\Content.Outlook\7QUGTCHN\Appendix C - 2 Trust Board 27 Mar 2013 - PCT Estates Transfer - Frontis page.docx DORSET HEALTHCARE UNIVERSITY NHS FOUNDATION TRUST TRUST BOARD MEETING 27 MARCH 2013 PCT ESTATES TRANSFER 1. Background 1.1 The Trust Board at its 28 November 2012 meeting unanimously voted to accept stewardship for the proposed capital assets transfer from NHS Bournemouth and Poole and NHS Dorset subject to the following 4 caveats: • Phase one Environmental Risk Assessments at one hospital; • Confirmation of insurance cover; • Approval by the Council of Governors; • Final Risk Assessment from Monitor. 1.2 A summary of the key points and reasons considered for this transaction are: • We will have control over the properties which we already use to provide services. It will be easier to change, adapt, refurbish the properties to improve services and patient care without asking permission from a third party. We will have greater control to prioritise any property work and timing of these works to suit our needs without delays or refusal from a third party; • We will have opportunities to review premises across Dorset to optimise the use of these places and potentially to reduce running costs; • We will benefit by 50% of any profit if the properties are sold. 50% will be retained by the Secretary of State should any of the properties be sold. The Trust would retain 100% of any disposals’ proceeds up to the level when surplus profit sharing would apply; • We would retain greater control over existing and potential competitors being able to lease space in any under utilised areas of the estate. • If we do not accept these properties, we will remain a tenant with a lease and will be subject to future rent increases. We will have to deal with a landlord that is yet to be fully established - the NHS Property Services Limited (NHS PSL); • Future rent increases are likely as NHS PSL will not have a separate funding stream and must look to cover its costs with income earned from the properties it manages. 1.3 This paper: • Provides an update to the 4 caveats above; • Brings any significant matters arising since the 28 November 2012 to the attention to the Trust Board; • Legal advice on final terms of transfer; • Asks for Trust Board decision.
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