Agenda Item No. 5BP (14/71) BOARD REPORT ___________________________________________________________________ DATE OF BOARD MEETING: 27 May 2014 TITLE OF REPORT: Monitor Governance Statement PURPOSE OF REPORT: To provide the recommended response to the Declaration required by General Condition 6 and Continuity of Services condition 7 of the Trust’s Provider Licence. To provide the Trust Board with evidence to support the Declaration. KEY POINTS/TEAM BRIEF: To confirm that the Trust complies with the following statements to be submitted within the Monitor template ‘Declaration required by General Condition 6 and Continuity of Services condition 7 of the Trust’s Provider Licence’; Following a review for the purpose of paragraph 2(b) of licence condition G6, the Directors of the Licensee are satisfied, as the case may be that, in the Financial Year most recently ended, the Licensee took all such precautions as were necessary in order to comply with the conditions of the licence, any requirements imposed on it under the NHS Acts and have had regard to the NHS Constitution. The Board declares that the Licensee continues to meet the criteria for holding a licence. After making enquiries the Directors of the Licensee have a reasonable expectation that the Licensee will have the Required Resources available to it after taking account distributions which might reasonably be expected to be declared or paid for the period of 12 months referred to in this certificate. ACCOUNTABLE DIRECTOR: 14/71 Monitor Governance Statement Nick Rowe Director of Corporate Services Page 1 of 7 Agenda Item No. 5BP (14/71) RECOMMENDATION TO THE BOARD: The Board discusses the recommended response and approves the response for submission to Monitor. The Board delegates responsibility for signing the template to the Chief Executive and the Chief Finance Officer. The Board notes that a further Monitor Governance Statement paper will be presented to the Board in June to support submission of the self-certification in relation to the Corporate Governance Statement and other declarations template. 14/71 Monitor Governance Statement Page 2 of 7 Agenda Item No. 5BP (14/71) IMPLICATIONS AND LINKS FOR TRUST GOVERNANCE Governance Areas (√ the areas the report supports, or to which it is linked) 1. Do we have sufficient, highly motivated, skilled staff? 2. Are we delivering our services safely? 3. Are we delivering to our patients and users? 4. Are we financially viable? 5. Do our stakeholders support what we do? 6. Are we delivering on our strategy? 7. Is the organisation and its services well led? NHS Regulatory Framework (√ the standard domain(s) the report supports, or to which it is linked. Add text as required) Essential Standards of Quality and Safety 1. Involvement and information 2. Personalised care, treatment and support 3. Safeguarding and safety 4. Suitability of staffing 5. Quality and management 6. Suitability of Management Other 7. Quality of financial management 8. National priorities and existing commitments 14/71 Monitor Governance Statement √ √ √ √ √ √ √ Page 3 of 7 Agenda Item No. 5BP (14/71) IMPACT ASSESSMENT Patient and Public Involvement Equality, Diversity and Human Rights Communications Risk Assessment No in Risk Register Legal Implications 14/71 Monitor Governance Statement Page 4 of 7 Agenda Item No. 5BP (14/71) Report to Trust Board 27 May 2014 Monitor Governance Statement 1. INTRODUCTION Under the Trust Provider Licence, the Monitor Risk Assessment Framework and the Health and Social Care Act 2012, the Trust is required to make two annual self-certifications. These are both Governance Statements and the Trust is required to make self-certifications on two templates; Certifications G6 and CoS7 (referencing the sections of the Provider Licence to which these relate), and Corporate Governance Statement and other declarations The deadlines for uploading the completed self-certifications to the Trust Monitor portal are 5pm on 30 May 2014 for the Certifications G6 and CoS7 and 5pm on 30 June 2014 for the Corporate Governance Statement and other declarations. 2. STATEMENTS The self-certification template in relation to the Governance Statement Certifications G6 and CoS7 is attached to this paper at Appendix 1. Licence Conditions, G6 and CoS7 are also attached to this paper at Appendix 2. It is recommended that the Trust confirms statements 1,2 and 3a; (1) Following a review for the purpose of paragraph 2(b) of licence condition G6, the Directors of the Licensee are satisfied, as the case may be that, in the Financial Year most recently ended, the Licensee took all such precautions as were necessary in order to comply with the conditions of the licence, any requirements imposed on it under the NHS Acts and have had regard to the NHS Constitution. (2) The Board declares that the Licensee continues to meet the criteria for holding a licence. (3a) After making enquiries the Directors of the Licensee have a reasonable expectation that the Licensee will have the Required Resources available to it after taking account distributions which might reasonably be expected to be declared or paid for the period of 12 months referred to in this certificate. 14/71 Monitor Governance Statement Page 5 of 7 Agenda Item No. 5BP (14/71) 3. EVIDENCE The evidence which has been taken into account when making the statements include the Trust internal review of compliance against the Monitor Provider Licence, which was undertaken following a report to the Board on 28 May 2013. The review identified processes and systems in place and where required and actions to be implemented to ensure compliance. The evidence as stated below in the main factors taken into account in making the declarations as follows; The Month 12 position submitted to Monitor. The two year operational plan submitted to Monitor at the beginning of April for periods 2014/15 and 2015/16. The substantial assurance received in Internal Audit reviews in relation to the Monitor Provider Licence, Corporate Governance and Board Assurance Framework and Risk Assessment Reviews. The Head of Internal Audit Opinion. Workforce Plans and the Estate Strategy are under review in 2014/15 to support the Trust continuing to have the Required Resources available to it. The statement requires that the Declaration is signed on behalf of the Board of Directors, and having regard to the views of the governors. In respect of ‘having regard to the views of the governors’ the evidence which can support the Governors providing views on the statement is as follows; Presentations made to the Governors on the content of the Monitor Licence, Risk Assessment Framework and the Health and Social Care Act 2012. Regular Performance updates presented to the Governors at Governors meetings and meetings of the Compliance with Authorisation Committee meetings. Governor attendance at Trust Board meetings, which also provides the opportunity for the Governors to ask questions of the Board. Presentations made to the Governors in relation to the Trust Corporate objectives which detail the Workforce Plans and Estates strategy reviews. 4. RECOMMENDATION The Board discusses the recommended response and approves the response for submission to Monitor The Board delegates responsibility for signing the template to the Chief Executive and the Chief Finance Officer. 14/71 Monitor Governance Statement Page 6 of 7 Agenda Item No. 5BP (14/71) The Board notes that a further Monitor Governance Statement paper will be presented to the Board in June to support submission of the self-certification in relation to the Corporate Governance Statement and other declarations template. Nick Rowe Director of Corporate Services 14/71 Monitor Governance Statement Page 7 of 7
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