Directions Policy
Argyll and Bute Council · 25 January 2023
Back to Argyll and Bute HSCP Integration Joint Board (IJB) — 25 January 2023 and its agenda
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1 Integration Joint Board Date of Meeting: 25 January 2023 Title of Report: Directions Policy Presented by: Charlotte Craig The Integration Joint Board is asked to: Approve the Directions Policy Approve the direction to partners to implement the policy 1. EXECUTIVE SUMMARY In November 2022 the IJB was internally audited on its use of Directions resulting in the following recommendations to strengthen the control and governance environment. These are summarised below: A Directions Policy should be prepared and submitted to the IJB Committee for approval and subsequent implementation. A process should be put in place to monitor progress in implementing directions and this information should be used to update the Directions Log. A unique reference number field should also be added to the Log. Performance reports submitted to IJB Committee meetings should include a summary of directions issued and the progress made towards implementing the content of those directions. This policy outlines the guidance for directions as prescribed by the Scottish Government and appendices the procedure and directions template. Action has been taken to update the referencing and monitoring of the directions for the board. Link to guidance: Directions from integration authorities to health boards and local authorities: statutory guidance - gov.scot (www.gov.scot) 2. INTRODUCTION The Public Bodies (Joint Working) (Scotland) Act 2014 (the Act) places a duty on Integration Authorities to develop a strategic plan, also known as a strategic commissioning plan, for integrated functions and budgets under their control. Integration Authorities require a mechanism to action their strategic commissioning plans and this is laid out in sections 26-28 of the Act. This mechanism takes the form of binding directions from the Integration Authority
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2 to one or both of the Health Board and Local Authority. Directions are also the means by which a record is maintained of which body decided what and with what advice, which body is responsible for what, and which body should be audited for what, whether in financial or decision making terms. 3. DETAIL OF REPORT Directions are a legal mechanism and are intended to clarify responsibilities and requirements between partners, that is, between the IJB, the Local Authority and the Health Board. They are the means via which clarity on decision making is achieved under integration. Directions are therefore both a necessary and important aspect of governance under integration, providing a means by which responsibilities are made clear and evident. As a legal requirement, the use of directions is not optional for IJBs, Health Boards or Local Authorities, it is obligatory. How local systems are using them will be subject to internal and external audit and scrutiny. At the time of publishing this guidance, practice is evidently variable and needs to be improved, with any impediments overcome jointly by partners using a collaborative approach that properly acknowledges the roles of the different partners. This policy supports guidance for the IJB, professional advisors to the IJB and partners as to when legally binding directions should be used and are appropriate. Directions are the end point of a process of a consultation of change and should not contain anything surprising or unknown about service change or redesign that enable change. A key aspect of the policy is that it reflects guidance on what should be done, the implementation of the policy requires that partners engage in the consultative and developmental process which identifies the direction required. 4. RELEVANT DATA AND INDICATORS Reporting on Directions issued and their implementation will be reported to the IJB on a 6 monthly basis. 5. CONTRIBUTION TO STRATEGIC PRIORITIES Directions are a key tool in ensuring partners are aware of their responsibilities in the delivery of the Strategic Plan. The policy links to formal guidance that notes Directions are not optional for IJB’s. 6. GOVERNANCE IMPLICATIONS Directions strengthen the control and governance of decision making. 7. PROFESSIONAL ADVISORY This policy is a result of internal audit and a summary review of guidance and best practice.
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3 8. EQUALITY & DIVERSITY IMPLICATIONS In line with support of an equal opportunities approach through the support of good governance in decision making. 9. GENERAL DATA PROTECTION PRINCIPLES COMPLIANCE Directions are subject to GDPR compliance. 10. RISK ASSESSMENT Good governance in decision making reduces risk across strategic risks. 11. PUBLIC & USER INVOLVEMENT & ENGAGEMENT This recommendation is from internal audit reviewed at the IJB Audit and Risk Committee. 12. CONCLUSIONS The IJB is asked to support the approval of the Directions Policy and the approval of the implementation of the policy across the partnership. 13. DIRECTIONS Directions required to Council, NHS Board or both. Directions to: tick No Directions required Argyll & Bute Council NHS Highland Health Board Argyll & Bute Council and NHS Highland Health Board x REPORT AUTHOR AND CONTACT Author Name Charlotte Craig Email charlotte.craig@argyll-bute.gov.uk
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4 Appendix 1 Directions Policy Direction Reference Number [25/01/2023 / TBC on approval] Date direction approved by IJB 25/01/2023 Date from which direction takes effect 26/01/2023 Direction to Argyll & Bute Council and NHS Highland Health Board Does this supersede, revise or revoke a previous direction? No Functions covered by direction All functions delegated to the IJB Full text of direction A direction shall be issued to Argyll and Bute Council and NHS Highland Board requiring them to participate in and implement the terms of the Argyll and Bute Integration Joint Board’s Directions Policy to facilitate the delivery of the Strategic and Commissioning plans of the IJB. Budget allocated by IJB to carry out direction Not required for this direction as relates to all functions. Performance Monitoring Arrangements Reported to the Integrated Joint Board not less than six monthly or as required. Date direction will be reviewed January 2025 or on change of legislation.