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.