DERBYSHIRE COMMUNITY HEALTH SERVICES NHS FOUNDATION TRUST SCHEME OF RESERVATION OF POWERS TO THE BOARD OF DIRECTORS AND DELEGATION OF POWERS Introduction The NHS Foundation Trust Code of Governance (July 2014) requires that there should be a formal schedule of matters specifically reserved for decision by the Board of Directors. This document sets out the powers reserved to the Board of Directors and those that the Board of Directors has delegated. Notwithstanding any specific delegation, the Board of Directors remains accountable for all of its functions, including those which have been delegated. Therefore the Board of Directors will also receive information about the exercise of delegated functions to enable it to perform its monitoring role. All powers of the Foundation Trust, which have not been retained as reserved by the Board of Directors or delegated to Committees of the Board of Directors, shall be exercised on behalf of the Board of Directors by the Chief Executive or another Executive Director. The Scheme of Delegation identifies any functions which the Chief Executive shall perform personally and those delegated to other Executive Directors, Non- Executive Directors or Officers. All powers delegated by the Chief Executive can be reassumed by him/her should the need arise. The Scheme of Delegation is presented in the following format: 1. Functions Reserved for Decision by the Board of Directors 2. Scheme of Delegation of Powers from the Constitution 3. Scheme of Delegation of Powers from the Board of Directors’ Standing Orders 4. Scheme of Delegation of Powers to Board Sub-Committees and Specialist Board Roles 5. Scheme of Delegation of Powers from the Mental Health Act 1983 (as amended) 6. Scheme of Delegation of Powers from the Standing Financial Instructions
SCHEME OF DELEGATION OF POWERS FROM THE CONSTITUTION REF DELEGATED TO AUTHORITIES/DUTIES DELEGATED 2 and 3 (Annex 8) DIRECTOR OF PEOPLE & ORGANISATIONAL EFFECTIVENESS Require applicants for membership of the Public Constituency to supply supporting evidence to confirm eligibility for membership. 4.2.5 (Annex 8) DIRECTOR OF PEOPLE & ORGANISATIONAL EFFECTIVENESS Maintain the Foundation Trust's Register of Members. 4.1 (Annex 5) CHAIR/TRUST SECRETARY Accept resignations by Governors from membership of the Council of Governors. 4.11.2 (Annex 6) CHAIR/VICE CHAIR Have a second or casting vote at meetings of the Council of Governors. 36 (Constitution) TRUST SECRETARY Compile and maintain the Foundation Trust's registers of: members of the Council of Governors; interests of the members of the Council of Governors; members of the Board of Directors; and interests of the members of the Board of Directors. 14 (Annex 8) ACCOUNTING OFFICER (CHIEF EXECUTIVE) Ensuring Auditor carries out his duties in accordance with Schedule 10 to the NHS Act 2006, etc. 15 (Annex 8) ACCOUNTING OFFICER (CHIEF EXECUTIVE) Preparation of Annual Accounts. 4 (Annex 5) CHAIR/TRUST SECRETARY Accept letters of appointment for appointed Governors.
requirements. Ensure compliance is maintained in relation to the Health and Safety at Work Act. It will provide the Board with overall assurance on the safety management systems to meet requirements for health and safety Assurance: The Quality People Committee is responsible for reviewing the effectiveness of the controls in place relevant to the risks identified within the Quality People section of the Board Assurance Framework The number of risks may vary during the course of the year. The Committee will review and challenge the strength of the assurances that have been provided, identify any gaps in control or assurance and will confirm if the appropriate level of risk has been identified based on the information presented to the Committee. N/A Quality Business Committee The Quality Business Committee will shape, influence and provide overall assurance regarding the delivery of: Performance Framework Financial Strategy and Investment: Consider DCHS’ financial strategy in relation to revenue and capital Consider DCHS’ annual financial targets and performance against them before submission to the Board of Directors Monitor DCHS’ working capital position Consider the ‘in year’ financial performance of the Trust and make any subsequent comments or reports to Board. IM&T Strategy: To ensure appropriate investment and capacity across DCHS to deliver the IM&T Strategy To define the scope, requirements and pace of the information management and information technology agenda of DCHS in building the IM&T capacity of the organisation To assure the DCHS Board of delivery of the IM&T agenda Business Development Framework:
Receipt of extension report of CTO (Form CTO7) MHA Section 20A(4)(b) Regulation 13(6)(a) and (b), and 13(7) Chapter 29 (29.11) Trust Secretary/Deputy Trust Secretary/Compliance Manager Receipt of notice recalling patient from CTO (Form CTO3) MHA Section 17E(6) Regulation 6(3)(a) Chapter 25 (25.62) Trust Secretary/Deputy Trust Secretary/Compliance Manager Ward Managers/Nurse in Charge/Matrons Record of detention in hospital after recall from CTO (Form CTO4) MHA Section 17E Regulation 6(3)(d) Chapter 25 Trust Secretary/Deputy Trust Secretary/Compliance Manager Ward Managers/Nurse in Charge/Matrons Receipt of CTO revocation order (Form CTO5) MHA Section 17F(4) Regulation 6(8)(a) and (b) Chapter 25 (25.70) Trust Secretary/Deputy Trust Secretary/Compliance Manager Ward Managers/Nurse in Charge/Matrons Transfer of CTO patient to a hospital under different managers (Form CTO6) MHA Section 17F(2) Regulation 9(3)(a) and (5) Chapter 30 (30.26) Trust Secretary/Deputy Trust Secretary/Compliance Manager Assignment of transfer of responsibility to another hospital for CTO patient (Form CTO10) MHA Section 19A Regulation 17(3)(a) and (d)(i) and (d)(ii) Chapter 30 (30.26 and 30.27) Trust Secretary/Deputy Trust Secretary/Compliance Manager
Patients Correspondence; Inspection and withholding of Postal Packets MHA Section 134 Safety and Security in Ashworth, Broadmoor and Rampton Hospital Directions 2000 para 23(1) Chapter 30(30.32 – 30.33) Outgoing mail only – any member of the MDT Conveyance of detained and SCT patients under the Act and retaking of patients absent without consent MHA Section 18 Chapters 11 & 22 Any officer on the staff of the hospital/registered establishment, any police officer (or other constable), any person authorised in writing by the managers of the hospital or the managers of the hospital/registered establishment or an AMHP Information for Victims (in regard to certain Part 3 patients) Domestic Violence, Crime and Victims Act 2004 Chapter 30 Responsible Clinicians
Appendix A Title of Meeting Terms of Reference Date Introduction This is not a mandatory section however an introduction to the Committee/Group can be provided here What A summary of the purpose of the committee Who A list of the membership and their titles, who the Chair is, details of other managers/staff who are not part of the formal membership but will be in attendance, the details of the admin/secretarial support that will be provided Quoracy Details of the number and type of members that make up the quorum, i.e. ‘four members, one of whom should have a clinical background’ When How often the committee will meet Where Where the meeting will be held Why The reason the committee is needed How How the committee will conduct its business, this can include bullet points on how the purpose of the committee will be achieved Sub Committees / Groups A list of any sub groups that report into the committee and the method by which they report in Communication Links List the formal mechanisms in place to commuicate the business of the committee and to who Reporting To A description of the where/who the committee reports to, and the method it uses to report i.e. summary report and the frequency with which it reports Key Performance Indicators/Key Deliverables It is recommended that each committee develop a set of Key Performance Indicators (KPI’s) as a method of measuring the committee’s progress in achieving its overall aims Review Date It is recommended the terms of reference are reviewed at least annually
Appendix B Meeting Name Date of meeting Start time End time Location Deadline AGENDA Item Subject Description Owner Apologies Declarations of Interest Presentations/regular reports Minutes of the previous meeting Matters arising Actions Matrix The substantive agenda items, including presentations/regular reports Issues Arising from meeting for Board briefing Matters referred to or from other committees Any Other Business Review of meeting Time, Date and Venue of Next Meeting Membership Name Job Title In Attendance Appendix C NAME OF MEETING Document Title:
What are the Equality and Diversity implications? What are the Patient, Public, Staff, Member and Stakeholder Involvement implications? Risk Register Is the issue on the current Risk Register? Yes/ No (Delete as appropriate) If yes, what is the Risk Number? Does this update recommend a change in the current risk score? (If so, please provide your rationale below) Yes/ No (Delete as appropriate) Appendix D COUNCIL OF GOVERNORS MEETING COVER SHEET Title of Paper: Paper for: Information/Discussion/Approval/Decision/Other Presenter: Author: Date of Meeting: Date goes here Agenda Item No: No of pages inc. this one: Appendices: Purpose of Paper