Part 6.3 - Appendix: Health and Wellbeing Board

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Contents

1. Preamble
2. Establishment
3. Scope of Role - Statutory
4. Scope of Role - General
5. Membership
6. Chairmanship, Quorum and Voting
7. Governance and Code of Conduct
8. Meetings and Decisions
9. Sub-Bodies and Steering Group

1. Preamble

• 1.1 Part 3 (Meeting Procedure Rules) and Part 6 (Council Bodies) set out the rules and procedures that apply to all of the Council's Bodies and Sub-Bodies.
• 1.2 If there is any conflict between the wording of Parts 3 and 6 and this Appendix, this Appendix will prevail.

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2. Establishment

• 2.1 S.194(1) Health and Social Care Act 2012 ("HSCA") requires first tier local authorities, such as the Council, to establish a Health and Wellbeing Board ("HWB"). The West Berkshire HWB is referred to below as "the Board".
• 2.2 By s.194(11) HSCA the Board is a committee of the Council and is to be treated as if it were a committee appointed by the Council under s.102 LGA 1972.

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3. Scope of Role - Statutory

• 3.1 S.195 HSCA requires the Board to:
  • 3.1.1 encourage integrated working between bodies involved in the commissioning and delivery of health, social care and other public services in order to improve health and wellbeing outcomes for local residents, and in particular;
  • 3.1.2 encourage arrangements between the authority and the NHS under s.75 National Health Service Act 2006 ("NHSA").
• 3.2 S.196 HSCA provides that the Board shall exercise the functions of the Council under ss.116 and 116A Local Government and Public Involvement in Health Act 2007, namely to lead and co-ordinate actions to:
  • 3.2.1 assess the health needs of local residents and to prepare and publish a Joint Strategic Needs Assessment (JSNA); and
  • 3.2.2 support the preparation and publication of a Joint Health and Wellbeing Strategy, and to oversee delivery of that Strategy.
• 3.3 Ss.2B and 111 NHSA require the Board to ensure that the Council complies with its duties to improve public health.
• 3.4 S.128A NHSA requires the Board to assess the need for pharmaceutical services in its area and to publish a Pharmaceutical Needs Assessment.
• 3.5 The Better Care Fund Policy Framework published by NHS England further to s.223 NHSA (as amended by s.121 Care Act 2014, and the Health and Care Act 2022) requires the Board, subject to any direction by the Secretary of State, to approve submission of the Better Care Fund Plan to NHS England.

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4. Scope of Role - General

• 4.1 In general terms HWBs act "as a forum in which key leaders from the local health and care system ... work together to improve the health and wellbeing of their local population" (King's Fund).
• 4.2 The Board will lead the development and review of the Council's Vision as set out in its Vision Document.
• 4.3 The Board will undertake such oversight of local safeguarding arrangements as it considers appropriate and necessary.
• 4.4 The Board will consider, as appropriate and necessary, reports from Sub-Groups.

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5. Membership

• 5.1 Applying s.194 HSCA (as amended by the Health and Social Care Act 2022) to the Council, the minimum core Board membership is:
  • 5.1.1 at least one elected Councillor appointed (s.194(3)(a) HSCA) by the Leader of Council;
  • 5.1.2 at least one representative from the Buckinghamshire, Oxfordshire and Berkshire West Integrated Care Board ("ICB");
  • 5.1.3 the Council's Executive Director - People (as both DASS (Director of Adult Social Services) and DCS (Director of Children's Services));
  • 5.1.4 the Director of Public Health for Berkshire West;
  • 5.1.5 a representative from Healthwatch West Berkshire.
• 5.2 Ss.194(8) and (9) HSCA set out that further Board Members may be appointed:
  • 5.2.1 by the Council (ie by the Leader of Council) in consultation with the Board; or
  • 5.2.2 by the Board itself.
• 5.3 Regulation 7 The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 disapplies ss.15 and 16, and Schedule 1, Local Government and Housing Act 1989 vis-a-vis HWBs such that rules as to political proportionality of seats (etc) on Council committees do not apply to the Board.
• 5.4 Membership of the Board currently consists of the following (with Members encouraged to identify Substitutes to attend if they are unable to do so):
  • the WBC Leader of Council
  • the WBC Portfolio Holder with responsibility for Adult Social Care
  • the WBC Portfolio Holder with responsibility for Children and Young People
  • the WBC Portfolio Holder with responsibility for Health and Wellbeing
  • the WBC Shadow Spokesperson for Health and Wellbeing
  • the WBC Minority Group Spokesperson for Health and Wellbeing
  • the WBC Executive Director - People (as both DASS and DCS)
  • the Director of Public Health, Berkshire West
  • the WBC Service Director for Communities and Wellbeing
  • two nominated representatives from the ICB
  • a nominated representative from Healthwatch West Berkshire
  • a nominated representative from Berkshire Healthcare NHS Foundation Trust
  • a nominated representative from Royal Berkshire NHS Foundation Trust
  • a nominated representative from the Voluntary and Community Sector
  • a nominated representative from Thames Valley Police
  • a nominated representative from Royal Berkshire Fire and Rescue Service;
  • a nominated representative from the housing sector
  •  a nominated representative from the arts and leisure sector

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6. Chairmanship, Quorum and Voting

• 6.1 The Chairman of the Board shall be nominated by the Leader of Council from amongst the Councillors on the Board.
• 6.2 The Vice-Chairman of the Board shall be nominated from amongst the ICB representatives on the board.
• 6.3 The quorum for a meeting shall be four Members, which must include at least one WBC Councillor and at least one ICB representative.

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7. Governance and Code of Conduct

• 7.1 S.27 Localism Act 2011 requires that all members of a Council committee (and thus all Board Members in respect of the Board) adhere to the relevant Councillors' Code of Conduct.
• 7.2 Members other than Councillors and Officers (who must do so anyway) must also complete a Register of Interests Form and declare any interests, gifts or hospitality they receive that could influence their decisions.
• 7.3 Members must notify the Monitoring Officer of any disclosable pecuniary interest (DPI) within 28 days of being appointed to the Board and are prohibited from participating in discussion or voting on any matter where they have a DPI.

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8. Meetings and Decisions

• 8.1 The Board will meet at least five times per year, with ordinary meeting dates published in the Council's timetable for meetings.
• 8.2 Any recommendation, or proposed or prospective action, of the Board that would, in the opinion of the Chairman, impact on the finances or general operation of the Council must be referred to the Executive for final determination and decision.

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9. Sub-Bodies and Steering Group

• 9.1 The Board is supported by a number of Sub-Bodies, which may have Sub-Bodies themselves, each responsible for an aspect of the Board's work or, in some cases, statutory obligations:
  • Ageing Well Task Group
  • Building Communities Together Partnership
  • Domestic Abuse Board
  • Lived Experience Sub-Group
  • Children's Delivery Group
  • Health and Wellbeing Engagement Group
  • Health Inequalities Taskforce
  • Homelessness Strategy Group
  • Locality Integration Board
  • Mental Health Action Group
  • Skills and Enterprise Partnership

• 9.1  The Sub-Bodies may have responsibility for overseeing implementation of particular aspects of the Joint Health and Wellbeing Strategy and its associated Delivery Plan.

• 9.2 The Board is supported by a Steering Group, which is comprised of the Chairman and Vice-Chairman of the Board, together with the chairmen or a representative of each of the Sub-Bodies.

• 9.3 The Vice-Chairman and Chairman of the Board shall be the chairman and vice-chairman respectively of the Steering Group.

• 9.4 The Steering Group's role shall be the effective forward planning, agenda preparation, performance and programme management, and delivery of the Board's decisions.

• 9.5 The Steering Group and the Sub-Bodies may:

  • have their own Terms of Reference; or

  • act in accordance with any resolution of the Board establishing them, or any other resolution of the Board.

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