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A report by the CO seeks delegated authority from MIJB for the CO, for the duration of the COVID-19 pandemic, to take decisions that would normally require Board approval.
The Chair advised this report has been triggered following pan Scotland discussions.
It was noted that the majority of urgent decision making is operational, supported by management. The CO is still accountable to Moray Council and NHS Grampian Chief Executives. There is a mechanism in place to record spend attributed to COVID-19.
It was recognised governance around this situation is very important. The Chair advised, in the unlikely event of an urgent MIJB decision being required the following sequence should take place:
- CO discuses with Chair and Vice-Chair of MIJB, if they are not available within timescales then;
- CO discusses with Chairs of Audit, Performance and Risk Committee and Clinical and Care Governance Committee. If they are not available within timescale then;
- CO discusses with remaining x2 voting members, if that is also not possible;
- Go to dispute resolution mechanism where the CO meets with MC and NHSG Chief Executives (detailed in Integration Scheme).
- If none of the above identified people are available the CO has the delegated authority from MIJB to take a decision which is justifiable.
Mr Robertson understands in the main decisions will be operational. However, to give the CO absolute assurance that any decision that needs to be taken, and in the event the CO is unable to contact the above listed people, the CO does have the power to make a decision and report as soon as possible thereafter to the MIJB. Mr Riddell requested to know as soon as possible, as Chair of CCG, if there was a decision made.
The Board agreed with the sequence of events detailed above for the CO to seek scrutiny on decisions but if that is not possible the CO will act in good faith in absence of a system in place to make justifiable decisions. The Board notes the risk but it is a risk the Board are comfortable with. Decisions made in these circumstances will be logged and reported back to the next MIJB meeting.
The Chair asked the Board to discuss assurance reporting and work of the two Committees. There is a need to agree frequency and process. The CO advised reports would be by exception, particularly about Clinical and Care Governance aspects. The discussions would take place via teleconference with key people to ensure continued rigour around governance.
Mr Robertson concurred stating this line of assurance should be in place to support the CO. Mr Robertson asked the CO to consider keeping the MIJB informed of situation on a weekly basis or as appropriate.
Mr Taylor seeks assurance that the whole governance structure will be supported with process in place to escalate risks quickly. The confirmed structures in place will continue to be supported, the Clinical Risk Management group will continue and Mrs Mackie, as CSWO, will have oversight of Practice Governance in social work.
The CO will produce a weekly communications piece which will pull critical parts of business from NHS and LA. The Chair advised he will meet with the CO on a weekly basis and a comms to MIJB will be done following those meetings if necessary.
As per email from the Chair it has already been agreed to suspend workshops for next four months. MIJB meetings will continue to meet remotely understanding limitations with this.
After further discussion the Board agreed to:
- Grant delegated authority for the foreseeable future to the Chief Officer or Interim Chief Officer, to take decisions in respect of matters that would normally require Board approval, if the Board is unable to meet;
- The sequence of events detailed above for the CO to seek scrutiny on decisions, but if that is not possible the CO will act in good faith, in absence of a system in place, to make justifiable decisions.
- Note the risk with decisions made in these circumstances.
- Review the delegation of authority to the Chief Officer or Interim Chief Officer in 3 months.
- Instruct the CO to discuss with the x2 Committee Chairs to agree a timetable of meetings.
- Receive weekly communications from CO / Chair MIJB.
- Suspend MIJB Workshops for next four months.
- Continue MIJB meetings via teleconference for now.