Anyone wishing to speak at a Board meeting
should read the
Scheme for Public Participation in the Health and Wellbeing
Board
Terms of Reference
1.1
The Health and Wellbeing Board is a statutory committee of the
local authority which:
a.
Is established in accordance with section 194 of the Health and
Social Care Act 2012 (“the Act”); and,
b.
Is treated as a Committee of the Council under section 102 of the
Local Government Act 1972 (“the 1972 Act”) and
provisions of the Local Government and Housing Act 1989 (“the
1989 Act”); excepting modifications and disapplications of the 1972 Act and the 1989 Act as
set out in The Local Authority (Public Health, Health and Wellbeing
Boards and Health Scrutiny Regulations 2013) (“the
Regulations”); and,
c.
Will be subject to any amendment or replacement of or regulation or
guidance applicable to any legislation relevant to the functions,
powers and duties of Health and Wellbeing Boards.
Locally Agreed Working Arrangements for the
Board
1.
Functions and Responsibilities
The Board shall:
1.1 Improve health
outcomes and reduce health inequalities of local people in
Bracknell Forest who are defined in the Act as:
a.
people who live in the Borough
b.
people to whom care services are being or may be provided in the
Borough
c.
people from the Borough to whom care services are being provided in
any other place
1.2
Prepare a Joint Strategic Needs Assessment and Joint Health and
Wellbeing Strategy in accordance with the provisions set out in f)
below
1.3
Encourage integrated working between members of the Board and
between the Board and other services with health–related
outcomes.
1.4
Assume any function with a health-related outcome delegated to it
by the Council under section 196(2) of the Act
1.5
Facilitate and enable a duty to cooperate between the Secretary of
State and all individuals and organisations who carry out health
protection functions under Section 60 of the Act and request
information from any statutory, specific
or cooperating body of the Board in accordance with the provisions
of section 199 of the Act.
2
Exercising responsibilities of the Board
The Board shall:
2.1
Comply with the Duty to Integrate
2.1.1
In accordance with section 195 of the Act, the Board shall
identify, create or enhance integrated working relationships
between existing or new partners, agencies and providers of
services with health related outcomes so that they may work in a
joined up and integrated manner and in so doing:
a.)
Assess the impact of the Act and any other relevant legislation as
enacted or subject to Parliamentary passage on the functions,
powers and duties of Health and Wellbeing Boards and services for
which members of the Board are responsible
b.)
Address gaps in skills, knowledge and experience and develop common
and shared understanding of priorities and issues relating to
respective partner agencies in exercising the functions of the
Board
c.)
Identify and maximise the use of any function, service or asset
that may have an impact on the health and wellbeing outcomes of
local people which is under the purview of health or social care
services whether delivered directly by those services or in
partnership with or through third parties on behalf of those
services
d.)
Allow for inclusive and joint working with other health and
wellbeing boards under section 198 of the Act as necessary in
particular, with the health and wellbeing board in the Royal
Borough of Windsor and Maidenhead in ways that are agreeable to all
members’ governing bodies, for purposes and circumstances as
defined and agreed by the Board
e.)
Ensure effective multi-agency and multi-sector contribution to
improving health and wellbeing outcomes for all people in the
Borough, and specifically in relation to:
i)
the agreement of joint commissioning arrangements for reviewing,
considering and agreeing the educational, health and social care
provision (“EHC provision”)
for children and young people with special educational needs for
whom the local authority is responsible subject to section 26 of
the Children and Families Bill and;
ii)
the publication of information (the “local offer”)
relating to the educational, health and social care
provision (“EHC provision”)
for children and young people with special educational needs for
whom the local authority is responsible within and outside the
local authority area in accordance with section 30 of the Children
and Families Bill
iii)
co-operation and assistance of each identified local partner of the
local authority in accordance with section 28 of the Children and
Families Bill
iv)
the requirements of the Care Bill (HL1) in relation to the Local
Safeguarding Adults Board in accordance with Schedule 2
f.)
Direct and focus the work of the Board through the production of a
forward plan that is reviewed and refreshed on a regular
basis
g.)
Establish, oversee and monitor the work
of any sub-groups of the Board.
2.2
Identification of local needs
The Board shall:
2.2.1
Undertake projects, research, community consultation exercises and
analysis to inform the work of the Board
2.2.2
Ensure the Local Authority and Bracknell and Ascot Clinical
Commissioning Group and the Director of Public Health and Local
Healthwatch Bracknell Forest will work under an equal and explicit
obligation to determine arrangements to secure the commissioning of
quality, consistent and comprehensive health and
local government services for all people throughout the life course
from pre-cradle to grave, through the:
a.
Use of existing or commissioning in partnership of new mechanisms
as required, to engage with and involve patients and the public,
including children and young people, parents and families, to secure and evidence their
views and inform the deliberations of the Board and its
business
b.
Preparation of an enhanced Joint Strategic Needs Assessment in
accordance with section 192 of the Act and subsequent
regulation[1] that considers:
i)
the needs of the whole community, wider social, environmental and economic factors
ii)
the health and social care information needs of the
community
iii)
an assessment of the community’s asset and resource
offer
iv)
EHC provision subject to section 27 of the Children and Families
Bill 2012 and review under section 28 of the same
c.
Development of a Joint Health and Wellbeing Strategy (s.193) which
identifies priorities and resources to deliver improved health
outcomes and reduce health inequalities, and assess the following
for alignment with the strategy:
i)
the CCG commissioning plan in accordance with section 26 of the
Act
ii)
Local Authority Service Plans in accordance with the provisions of
s.193 (116 B (a) and (b)) of the Act
iii)
The Local Healthwatch forward plan in the spirit of section 26 of
the Act
d.
Development, updating and publishing of local pharmaceutical needs
assessments (s.206)
e.
Transfer (s.17) to and delivery (s18) of public health
responsibilities by the local authority
f.
Agreement of
the Education and Training Plan of the Local Education
Training Boards to ensure that it is aligned with the Joint Health
and Wellbeing Strategy for the area as per section 64 (3)(f) of the
Care Bill
g.
Receipt of the Local Safeguarding Adults Board annual report for
the specific review by the Chairman of the Board and the Local
Healthwatch representative at the end of each financial year in
accordance with Schedule 1, 3(3) of the Care Bill
2.3
Information Sharing and Cooperation
The Board shall:
2.3.1
Work within an agreed information sharing protocol that shall
enable the commissioning, identification, access and exchange of
data and information between members of the Board, other committees
and partnerships and providers of services or other agencies or
bodies with health related
outcomes that is compliant with information standards as
issued by the Health and Social Care Information Centre in
accordance with Part 9 of the Act
2.3.2
Constituent members of the Board shall be responsible for advising
the sensitivity of documentation submitted to the Board.
2.4
Pooling of resources
The Board shall:
2.4.1
Advise, assist or support the
encouragement or making of arrangements for the pooling of
resources under section 75 of the National Health Service Act 2006
in accordance with section 195 (2) of the Act or such other
frameworks or mechanisms as applicable to ensure the objectives of
the Board are met.
2.5
Accountability and Performance Monitoring
The Board shall:
2.5.1
Comply with applicable legislation, regulations, guidance and
local provisions to:
a.
meet with the provisions for
independent health overview and scrutiny
b.
ensure the voice of patients and the public are heard in the
business of the Board as set out in 2.2.2 above
c.
Deliver against agreed priorities set out in the Joint Health and
Wellbeing Strategy
d.
Monitor and measure improvements in health outcomes and reduction
in health inequalities against the national Outcomes Frameworks for
health, adult social care and public health and other locally
relevant measures.