Healthwatch Derbyshire wrote a letter to Derbyshire Clinical Commissioning Group expressing grave concerns in regard to the Financial Recovery Plan that has been put forward. It was requested that questions raised in the letter be addressed and a formal response provided within 20 working days as per legislation.
The below letter of response from the Derbyshire Clinical Commissioning Group was received on Friday 10th August 2018:
Derbyshire Clinical Commissioning Group letter of response to Healthwatch concerns re: Financial Recovery Plan
(15/08/2018) Statement from Karen Ritchie, Healthwatch Derbyshire Chief Executive:
“Healthwatch Derbyshire received a response to the letter issued highlighting our concerns on Friday 10th August 2018, this was within the required timeframe of 20 working days. We would like to thank Dr Chris Clayton, responding on behalf of Derbyshire Clinical Commisioning Group, for replying in a timely manner. We welcome the commitment to conducting future engagement at a much earlier stage and the invitation for Healthwatch to play a role in supporting this vital work.
“Unfortunately, having taken the time to carefully analyse the full response, it does nothing to allay the grave concerns Healthwatch Derbyshire felt it necessary to raise. In some instances, Dr Chris Clayton fails to directly answer specific questions and in others, responses are so vague that it offers little assurance that the Clinical Commissioning Group intends to meet requirements as stated in the *Health and Social Care Act 2012 Section 14Z2, or the *Equalities Public Sector Duty S149.
“Expert advice has been sought on this matter and, over coming months, Healthwatch Derbyshire will continue to challenge the Derbyshire Clinical Commissioning Group with regards to the implementation of the Financial Recovery Plan.
“A meeting has been scheduled with Dr Chris Clayton to take place on Tuesday 11th September 2018 to follow up on the response and take forward our concerns. We will also take the opportunity to discuss his plans for a more open and transparent engagement plan, in which people are given a genuine opportunity to influence future commissioning decisions.”
*Health and Social Care Act 2012 14Z2 – Public involvement and consultation by clinical commissioning groups
(1)This section applies in relation to any health services which are, or are to be, provided pursuant to arrangements made by a clinical commissioning group in the exercise of its functions (“commissioning arrangements”).
(2)The clinical commissioning group must make arrangements to secure that individuals to whom the services are being or may be provided are involved (whether by being consulted or provided with information or in other ways)—
(a)in the planning of the commissioning arrangements by the group,
(b)in the development and consideration of proposals by the group for changes in the commissioning arrangements where the implementation of the proposals would have an impact on the manner in which the services are delivered to the individuals or the range of health services available to them, and
(c)in decisions of the group affecting the operation of the commissioning arrangements where the implementation of the decisions would (if made) have such an impact.
(3)The clinical commissioning group must include in its constitution—
(a)a description of the arrangements made by it under subsection (2), and
(b)a statement of the principles which it will follow in implementing those arrangements.
(4)The Board may publish guidance for clinical commissioning groups on the discharge of their functions under this section.
(5)A clinical commissioning group must have regard to any guidance published by the Board under subsection (4).
(6)The reference in subsection (2)(b) to the delivery of services is a reference to their delivery at the point when they are received by users.
*Equality Act 2010 149 – Public sector equality duty
(1)A public authority must, in the exercise of its functions, have due regard to the need to—
(a)eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;
(b)advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
(c)foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
(2)A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1).
(3)Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—
(a)remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;
(b)take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;
(c)encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.
(4)The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons’ disabilities.
(5)Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—
(a)tackle prejudice, and
(6)Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act.
(7)The relevant protected characteristics are—
pregnancy and maternity;
religion or belief;
(8)A reference to conduct that is prohibited by or under this Act includes a reference to—
(a)a breach of an equality clause or rule;
(b)a breach of a non-discrimination rule.
(9)Schedule 18 (exceptions) has effect.
Derbyshire County Council’s Health Scrutiny Committee have expressed serious reservations about the impact of the Derbyshire Clinical Commissioning Group’s Financial Recovery Plan proposals.
Health Scrutiny Committee Letter re: Financial Recovery Plan