Purpose

From January 2024, the Council’s health scrutiny power of referral to the Secretary of State on substantial development/variations was removed. Up until this point, this power featured in the Constitution under 2.15.2 ‘Provisions of the Health Scrutiny Regulations’ bullet point 4 (see below);
“NHS bodies must consult the designated health scrutiny function of the council about proposals for substantial development or variation of NHS services in the area. The designated health scrutiny function can refer a matter to the Secretary of State for Health, if the local authority is not satisfied of the merits for change or if it considers there has been inadequate consultation on the proposals.”
The Monitoring Officer approved amended wording under his delegated authority (Constitution 1.13) where legislation requires a change in wording or terminology. The replacement wording for the bullet point is;
“NHS bodies must consult the designated health scrutiny function of the council about proposals for substantial development or variation of NHS services in the area. Health overview and scrutiny committees and other interested parties can write to request (via a call-in request form) that the Secretary of State consider calling in a proposal if the local authority is not satisfied of the merits for change or if it considers there has been inadequate consultation on the proposals. DHSC expects requests only to be used in exceptional situations where local resolution has not been reached.”

Decision

To amend the bullet point in the Health Scrutiny Regulations section of the Terms of Reference for the Children, Adults, Health & Wellbeing Policy Development & Scrutiny Panel (at 2.15.2 of the Constitution), as described.

Alternative options considered

Option 1 - Not to amend would not reflect the updated legislative position
Option 2 -
Option 3 -