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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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Directions Policy 
Argyll & Bute Integration Joint Board

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Document control
Title IJB Directions Policy 
Author Charlotte Craig
Creation date January 2023
Date of version January 2023
Review  January 2025/updated legislation 
Version history
Version Comments
V0.1 Draft version for approval

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Contents 
Introduction .............................................................................................................................. 4
Background .............................................................................................................................. 4
Purpose ..................................................................................................................................... 5
When should a Direction be issued....................................................................................... 5
Process for issuing Directions............................................................................................... 5
Form and Content of Directions............................................................................................. 6
Compliance with Directions.................................................................................................... 6
Appendix 1 Directions Template– Argyll & Bute HSCP ...................................................... 7
Appendix 2 Processing for issuing and revising Directions.............................................. 8

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Introduction 
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. 
Background 
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 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.
Put simply, directions are the means by which an IJB tells the Health Board and Local
Authority what is to be delivered using the integrated budget and for the IJB to improve
the quality and sustainability of care, as outlined in its strategic commissioning plan.
Directions are also the legal basis on which the Health Board and the Local Authority
deliver services that are under the control of the IJB. If directions are not being
provided or they lack sufficient detail, Health Boards and Local Authorities should be
actively seeking directions in order to properly discharge their statutory duties under
the Act
Statutory Guidance is available from the Scottish Government on Directions from
integration authorities to health boards and local authorities published on 27 January
2020:
Directions from integration authorities to health boards and local authorities: statutory
guidance - gov.scot (www.gov.scot)

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Purpose 
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.
When should a Direction be issued 
Directions should not be issued unnecessarily and should be proportionate. A direction
should always be prompted by a decision made by the IJB accompanied by a
supporting report. This policy is in place to support the Argyll & Bute IJB to consider
when a direction should be issued and what it might include. The following might be
considered when thinking about when a direction requires to be issued and what it
might include:
 Scope and scale of the function
 Finance involved
 Scale and nature of change
 Those impacted by the change
o Patients
o People who use services
o Carers
o Local communities
o Staff
o Others 
Process for issuing Directions 
It is essential that directions are understood to be the end point of a process of
decision making by the IJB. Directions should not contain surprising or completely
unknown information about service change or redesign and should follow a period of
wider engagement on the function(s) that are the subject of the direction. This would
normally be part of the service planning and design phase of strategic commissioning.

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Argyll & Bute Integrated Joint Board has supporting governance processes through its
senior operational, Transformation and Strategic Planning Group terms of reference
to ensure that Directions are the end point of a process of collaborative working. 
While directions are not a means of launching unheard-of service change onto delivery
partners in the Health Board and Local Authority, nor are they something that can be
ignored by delivery partners in the Health Board and Local Authority.
Timescale for Delivery
Any direction issued by the IJB must meet all clinical and care governance
requirements and standards to ensure patient safety and public protection as well as
ensure staff and financial governance. Every IJB has senior professional, clinical and
financial advisors as part of their core membership to provide scrutiny of these aspects
and to provide assurance. This does not require to be remitted for additional checking
through Local Authority of Health Board systems: Local Authorities and Health Boards
should ensure that the professional and clinical advisors tasked to provide advice
to IJBs are appropriately experienced and supported in their role.
Delivery against timescale will be monitored on a 6 monthly basis and reported directly
to the IJB. 
Form and Content of Directions 
Directions must be in writing and should be sufficiently detailed to ensure the intention
of the IJB is adequately captured and effectively communicated. 
The direction should include information on the required delivery of the function, for
example changing the model of care, as well as the financial resources that are
available for carrying out the function. 
The direction may specify in some detail what the Health Board, the Local Authority or
both are to do in relation to carrying out a particular function. 
Appendix 1 contains a template for guidance for a written Direction.   Appendix
2 notes the process for issuing and revising directions. 
Compliance with Directions 
Directions are binding, which is why they come at the end point of a process of
planning and decision making. The delivery partners are required to comply with all
directions received from the IJB, and the law is clear that they may not amend, ignore,
appeal or veto any direction. Neither the Local Authority nor the Health Board may use
resources allocated via the Integration Authority in pursuit of a direction for any other
purpose than that intended. This demands a mature and collaborative approach to the
planning and delivery of change in health and social care services that delivers
sustainability. It is designed to help local partners improve quality and outcomes
for local population.

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Appendix 1 Directions Template– Argyll & Bute HSCP 
Day date time location
Reference Number  Date of IJB Meeting [DD/MM/YY / 001]
Date direction approved
by IJB 
To be completed once direction is formally approved
Date from which direction
takes effect    
Direction to  
Does this supersede,
revise or revoke a
previous direction?
Yes/No (include detail of previous direction if
applicable)
Functions covered by
direction   
Full text of direction  
Budget allocated by IJB to
carry out direction    
Performance Monitoring
Arrangements 
Date direction will be
reviewed

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Appendix 2 Processing for issuing and revising Directions 
Directions should be issued as soon as is practicable following their approval by
the IJB.
A direction will remain in place until it is varied, revoked or superseded by a later
direction in respect of the same functions. A log of all directions issued, revised,
revoked and completed should be maintained, ensuring that it is checked for accuracy
and kept up-to-date. This log should include, as a minimum, 
 the function(s) covered, any identifier (such as a log number), 
 date of issue, 
 identify to which delivery partner(s) issued, 
 any delivery issues and the total resource committed. 
The log will be regularly monitored and reviewed by the IJB (at least six monthly) and
used as part of performance management, including audit and scrutiny. This should
include monitoring the implementation and/or status of directions that have been
approved by the IJB.
Overly general or ambiguously worded directions will not be helpful to delivery partners
in understanding what they have to deliver. They will also cause problems in identifying
whether a direction has been progressed or completed and therefore need to remain
on a log of directions indefinitely and be unable to be closed off. This should be
avoided by issuing clear directions, thoughtfully constructed and capable of being
monitored effectively with delivery timescales, milestones and outcomes.
To assist with monitoring and reviewing directions issued, the IJB will seek information
from either the Health Board or the Local Authority, or both, about the delivery of a
function that is the subject of a direction, including, but not exclusively, when issues
are identified in implementation and delivery of a direction.
The Act does not set out fixed timescales for directions. This flexibility allows directions
to ensure that the delivery of integrated health and social care functions is consistent
with the strategic commissioning plan and takes account of any changes in local
circumstances. In contrast with the strategic commissioning plan, there is therefore
scope for directions to include detailed operational instructions in respect of particular
functions.
A level of detail and specificity is highly desirable in directions, especially where a
service is new or to be radically redesigned, or where a complex set of interdependent
changes is planned.
Directions issued at the start of the financial year should subsequently be revised
during the year in response to ongoing developments, including as a consequence of
decisions made in year about service change by the IJB.
For example, should an overspend be forecast in either of the operational budgets for
health or social care services delivered by the Health Board and Local Authority, the
Chief Officer will need to agree a recovery plan to balance the overspending budget

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(this must be done in line with the Integration Scheme, which will detail arrangements
for managing the balance of any over or underspends, and statutory guidance for
finance under integration).This may require an increase in payment to either the Health
Board or Local Authority funded by either:
 Utilising underspend on the other part of the operational integrated budget to
reduce the payment to that body; and/or
 Utilising the balance of the general fund, if available, of the Integration Joint Board. 
A revision to the directions will be required in either case.
Multi-partnership co-ordination
Argyll & Bute IJB has been delegated all health and social care services across the
lifespan and utilises an acute pathway to NHS Greater Glasgow and Clyde via a
Service Level Agreement. As such it operates over multiple Health Board areas. It may
also utilise specialise services in other health board areas based on needs of an
individual or mutual aid. 
Effective co-ordination arrangements between contiguous IJBs within a Health Board
area is essential where directions for acute hospital care are under consideration. This
will assist in effective planning for services that may be destabilised by conflicting or
incompatible directions from different IJBs within the one area.
When unscheduled acute care is being planned, Chief Officers and their senior teams
from across local partnerships should be meeting regularly in a joint forum with
colleagues from the acute system. This will ensure effective co-ordination and
collaboration across the multi-partnership area. This will also enable a joint plan to be
developed that recognises the context, complexity or features relevant to each IJB.
There may be other services and functions that also require this level of co-ordination.
Detailed directions will be necessary and particularly important where one Chief
Officer is the lead for operational delivery of any given function on behalf of other Chief
Officers, usually within the confines of a Health Board area and often referred to as
“hosted services” or less often, lead partnership arrangements.
In such arrangements, all decisions about delegated functions still require to be made
by constituent IJBs, whatever the operational delivery arrangements are in place for
hosting services. Detailed directions will facilitate a feedback loop and IJBs should be
seeking from the delivery partners any necessary information regarding progress with
service change, investment or disinvestment. The issuing of more detailed directions
will also be important for any other services not under the direct operational
management of the Chief Officer.
In addition to officer level co-ordination, IJBs also require a degree of co-ordination in
terms of governance and decision making when considering plans and therefore
directions that span more than their area of jurisdiction. An IJB cannot delegate its
responsibilities to another IJB or back to a Health Board or Local Authority. This,
therefore, may be best managed by the same report being considered by each
relevant IJB supplemented with any additional information or reflections required by

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each to ensure very localised matters are taken account of. The sequencing and co-
ordination of this will require the full support of relevant IJB Chief Officers and others.
It is essential in pursuing effective co-ordination and collaboration on operational
arrangements for managing delegated services and functions through the Chief Officer
that this is not conflated with the statutory duties of the IJB for governance, decision
making and resource allocation.
IJBs should maintain active consideration of whether the effect of delivery partners
carrying out any direction they propose to issue would have an undesirable impact on
another IJB (and its population) or for the local health and social care system more
broadly. A process of co-ordination and mitigation will be needed in circumstances
where issues of this nature are identified.
Improving practice and summary of key actions
This guidance is intended to provide impetus to improving practice in the issuing of
directions by the IJB and the implementation by Health Boards and Local Authorities,
and to deliver the proposal made in the MSG review about providing statutory
guidance on directions.
The importance of directions as a vital aspect of governance and accountability
between partners cannot be overstated. The need to learn from and implement good
practice is evident. Chief Officers, through their network, are well placed to facilitate
the sharing of practice and are key to implementing this locally.
As practice develops further, the IJB should continue to develop and improve their
practice in respect of issuing directions. 
Local Authorities and Health Boards as the key delivery partners also need to accept
and work with these new arrangements, and respond positively to direction issued to
them, including the provision of any information regarding the delivery of a function
that is the subject of a direction.
This guidance has been prepared as part of wider work to accelerate the pace and
impact of integration. This can only be achieved by the partners working closely
together, in mutual regard, and demonstrating a strong, shared commitment to
integration through concerted action to deliver sustainable, and improved health and
social care services, capable of delivering good outcomes for the people of Scotland.
Key actions identified throughout this guidance, which should be implemented as
consistent practice include:
 A standard covering report format, which includes a brief section requiring the
report author to decide and record if the report requires a direction to be issued to
the Health Board, the local Authority or both, or that no direction is required.
 Directions should include detail on the required delivery of the function and
financial resources.

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 The content of a direction should be informed by the content of a report on the
function(s) approved by the IJB and should be contained in the same report, using
a standard format.
 Directions should be issued as soon as practicable following approval by the IJB,
usually by the IJB Chief Officer to the Chief Executive of either the Health Beard
or the Local Authority, or both. Each in their role as accountable officers to the
relevant statutory body.
 A log of all directions issued, revised, revoked and completed should be
maintained. This log should be periodically reviewed by the IJB and used as part
of performance management processes, including audit and scrutiny.