ARE YOU THINKING OF
BECOMING A HOSPITAL
GOVERNOR?
A QUICK GUIDE TO HELP
YOU UNDERSTAND THE
ROLE AND
RESPONSIBILITIES
INTRODUCTION
Thank you for expressing an interest in joining the Council of Governors of the Basildon
and Thurrock University Hospitals NHS Foundation Trust. This booklet provides
information about being a Governor, with the aim of helping you to decide if you would
like to put yourself forward as a candidate for election.
Anyone wishing to become a Governor should read this booklet carefully. We are happy
to answer any queries and can be contacted by phone on 01268 598975 or by email at
[email protected]
Being a medium to large sized University NHS Trust we serve a catchment area
including Basildon, Thurrock and Brentwood. However in July 2007, the Trust opened a
new specialist Cardiothoracic Centre which serves patients from Essex and many
surrounding Counties, so anyone who lives in England is invited to become members.
The Trust is committed to establishing a representative Council of Governors and
welcomes nominations from all backgrounds, genders and ages (over 16 years).
Your involvement as a Governor is important to us. However we recognise that being a
Governor will require commitment and time so we ask that you consider this carefully.
We hope that you will choose to help us to care for the future by putting yourself forward
to be elected.
There is also more information on our website:
www.basildonandthurrock.nhs.uk/Members
If you have special communications needs or would
like this document in large print or a different format,
please contact us and we will make the necessary
arrangements.
A NEW WAY OF WORKING
Foundation Trusts are organisations which are accountable to the local people they
serve. They are firmly part of the NHS and have to meet national standards and are
inspected regularly. Foundation Trusts have a new system of management which will
consist of:
Members
There are two categories – public and staff
Council of Governors
The Council of Governors is responsible for representing the interests of
members and the public, key appointments and influencing the Trust
plans.
Board of Directors
The Board of Directors is responsible for the day-to-day running of the
Trust. There are seven non-Executive Directors, including a nonExecutive Chairman.
THE COUNCIL OF GOVERNORS - COMPOSITION
The Council of Governors of the Foundation Trust is currently made up of 27 elected
public Governors, 9 elected staff Governors and 11 appointed Governors
Group
Partnership
Organisations
Number of
Governors
Anglia Ruskin University
South Essex College
South Essex Partnership NHS FT
Thurrock CVS
Basildon CVS
Brentwood CVS
Local Authority
Thurrock Borough Council
Basildon Borough Council
Essex County Council
Brentwood Borough Council
University
UCL Medical School
Staff
Based at Basildon University Hospital and all other
sites excluding Orsett Hospital
Based at Orsett Hospital
Public/Patients
Total Representative Governors
Basildon
Thurrock
Brentwood
The rest of England
Total Public/Patient Governors
COUNCIL OF GOVERNORS TOTAL
1
1
1
1
1
1
6
1
1
1
1
4
1
1
8
1
9
20
11
9
4
3
27
47
Public members are the public who have registered to become members and live in
England. Members must be aged 12 and above.
Public members are divided into four constituencies – Basildon, Thurrock, Brentwood
and the Rest of England
Staff members are staff employed by the Trust on a permanent contract, or on a
contract of at least 12 months or more. All staff working at the Trust for at least 12
months, but are not directly employed by the Trust are also eligible for membership.
THE ROLE OF THE COUNCIIL OF GOVERNORS
The main function of the Council is to represent the interests of the Foundation Trust
members in the management of the organisation. In this way the population served by
the Trust will be directly involved in the governance of the Trust.
The Council of Governors will not be involved in the day to day running of the Trust,
setting budgets, staff pay or other operational matters. These responsibilities lie with the
Board of Directors.
The main responsibilities of the Council of Governors are as follows:
1. To act as a source of ideas about how the Trust can provide it’s services in a way
that meets the needs of the communities it serves
2. To discuss, advise and support the Board of Directors in setting the longer-term
vision and strategy for the Trust
3. To appoint and remove the Trust’s Financial Auditors
4. To appoint and remove the Chairperson and Non-Executive Directors
5. To set the pay levels for Chairperson and Non-Executive Directors
6. To approve the appointment of the Chief Executive
7. To be presented with the Trust’s annual report and accounts
8. To give a response when consulted by the Board of Directors
9. To develop membership and represent the interests of members and the public
CONSTITUTIONAL REQUIREMENTS IN RELATION TO GOVERNORS
Governors must be at least 16 years old. The election rules and the process to be
undertaken for elections are set out in our Constitution, which is accessible via our
Website www.basildonandthurrock.nhs.uk (click on Members tab / Election) or if you
require a hard copy please telephone 01268 598975.
Do I need any previous experience or qualifications?
No – this is not required to be a Governor. We may ask you about any skills or
knowledge that you already have.
Disqualification:
You cannot become a Governor of the Council if:
•
You are a Director of the Foundation Trust or a Governor or Director of a
health service body (this does not apply to Appointed Partner Governors)
•
You have been dismissed from paid employment with a health service
body in the last two years for reasons other than redundancy
•
Your position as a Chair, member or Director of a health service body
has been terminated on the grounds that the appointment is not in the
interest of the health service, for non-attendance at meetings or for nondisclosure of a pecuniary interest
•
You are an un-discharged bankrupt
•
You have made a composition or arrangement with, or granted a trust
deed for your creditors and have not been discharged yet
•
You are subject to a Sex Offender order
•
You have in the last five years been convicted in the British Islands of
any offence and a sentence of imprisonment for a period of three months
without the option of a fine was imposed
•
On the bases of medical evidence you are incapable by reason of mental
health, illness or injury of carrying out the duties of a Governor
•
You have been expelled from the post of Governor from another NHS
Trust.
MEETINGS OF THE COUNCIL OF GOVERNORS
The Council of Governors must meet formally a minimum of three times a year to fulfil
the functions of the Council. Currently Governors are asked to attend five meetings a
year; spread evenly over the year. Most meetings are expected to be held on a
weekday, half are held in the daytime and half are held early evening.
EXPENSES
Governors are not paid a salary, but may be entitled to claim limited expenses incurred
in connection with their duties.
INDUCTION AND TRAINING
The Trust will provide an induction programme for Governors as a whole and also
individually tailored induction where appropriate. Governors will be required to attend
these training sessions to ensure that they can be effective in their role.
DISCLOSURE AND BARRING SERVICE CHECK
Once elected or appointed (in the case of Appointed Partner Governors), all Governors
will be required to consent to a Disclosure and Barring Service (DBS) check. The DBS
check is designed to confirm whether or not you have a criminal record.
This is important for an organisation which has responsibility for young or vulnerable
members of the public. Clearance from the DBS allows the organisation to confidently
allow you to carry out your role.
A Governor will be disqualified if on the basis of disclosures obtained through a DBS
check, he or she is not considered suitable by the Foundation Trust.
If you would like more explanation about DBS checks please contact us. More
information can be found at:
www.gov.uk/government/organisations/disclosure-and-barring-service
BY-ELECTION PROCESS
The By-election timetable will be as follows:Nominations forms will be available from
10th July 2013
Receipt of Nominations forms from interested members will close
Final date for candidate withdrawal
26th July 2013 at
5pm
31st July 2013
Uncontested Declaration of Results
2nd August 2013
Voting papers will be sent out to all registered members
14th August 2013
Closing date for the election poll
4th September 2013
at 5pm
6th September 2013
at 5pm
Election results will be announced
Electoral Reform Services has been appointed to run the election process for the Trust.
The election system to be used is based on the ‘single transferable vote’ and voting will
be by postal return of the ballot paper.
A candidate may not incur any expenses or make a payment (of whatever nature) for
the purpose of the election, other than expenses or payments that relate to:
Travelling expenses and expenses for stationery, postage, telephone, and other petty
expenses to a limit of £100
Other important dates to note
Induction Programme
Date to be confirmed
Council of Governors
(formal meetings)
18th September 2013 at 4:00pm Annual Members
Meeting, South Essex College, Woodview
Campus, Grays
19th November at 1.00pm, Essex Cardiothoracic
Centre, Basildon Hospital
13th March at 5.30pm, Education Centre,
Basildon Hospital
What to do if you want to stand for election as a Public or Staff Governor
1. Make sure you are registered as a member of the Trust.
To become a public member you will need to fill in a membership form or apply
online at our website.
All Trust staff are automatically members so completion of a Membership form is
not necessary.
If you are unsure of your membership status, please contact the Foundation Trust
Membership Office on 01268 598975 or email us at [email protected].
2. Read this booklet carefully.
3. Please contact us If you would like to talk to someone face to face and we will do
our best to arrange a convenient time
4. Be sure that you can commit the time necessary to be an effective Governor
including attendance of induction and training sessions and to attend all the
meetings of the Council of Governors formal meetings (5 meetings per year).
Note: Public & Staff Governors Term of Office as a Governor is usually for up-to
three years.
5. Request a Nomination Form from Wednesday 10th July onwards from the
Membership Office– details above or on-line at www.basildonandthurrock.nhs.uk –‘
Members’ tab: ‘Election’ or direct from Electoral Reform Services (ERS), Telephone
No. 0208 8899203
6. Post your completed Nomination Form direct to the Returning Officer, Electoral
Reform Services, The Election Centre, 33 Clarendon Road, London N8 0NW to
arrive no later than 5:00pm on Friday 26th July (as detailed on the Nomination
Form). It is your responsibility to make sure this form is returned by the due date.
CODE OF CONDUCT FOR GOVERNORS
Our Governors are required to sign a declaration saying they will comply with the Basildon and
Thurrock University Hospitals NHS Foundation Trust Code of Conduct for Governors
In summary, a Governor should:
•
obey the law, comply with the Trust Constitution and adhere to the Trust’s Rules and Policies.
•
uphold the values of the Trust.
•
at all times, be truthful and honest with other Governors, and with any other people with whom
they have contact as a Governor.
•
act in the best interests of the Foundation Trust and support its’ objectives.
•
make known the views, concerns and aspirations of those whom they have been elected to
represent, or who appointed them.
•
be mindful of conduct which could be deemed to be unfair or discriminatory
•
act with the utmost integrity and objectivity and in the best interests of the Trust in performing
their duties.
•
contribute to the workings of the Council of Governors in order for it to fulfill its role and
functions. This includes attending meetings, preparing in advance for meetings by reading
papers, asking for advice when it is needed and attending any training provided by the
Foundation Trust.
•
recognise that their role is a collective one. Outside the meeting room a Governor has no more
rights and privileges than any other member save to receive information to which Governors
are entitled.
•
note that the functions of Governors individually or as a Council are not of a managerial nature.
•
treat any information which they receive as confidential and not disclose it to a third party
without the express permission of an authorised representative of the Foundation Trust.
•
not allow themselves to be in a situation where any other interest which they have comes into
conflict with their duty as a Governor.
•
not use their position for personal advantage or advantage for their family and friends or seek
to gain preferential treatment.
•
not accept significant personal gifts or favours from contractors, suppliers, or those who are
known to them to be seeking a commercial relationship with the Foundation Trust.
NOLAN PRINCIPLES
The Seven Principles of Public Life
The Nolan Committee set out 'Seven Principles of Public Life' which it believes
should apply to all in the public service. These are:
Selflessness
Holders of public office should act solely in terms of the public interest. They should not
do so in order to gain financial or other benefits for themselves, their family or their
friends.
Integrity
Holders of public office should not place themselves under any financial or other
obligation to outside individuals or organisations that might seek to influence them in the
performance of their official duties.
Objectivity
In carrying out public business, including making public appointments, awarding
contracts, or recommending individuals for rewards and benefits, holders of public office
should make choices on merit.
Accountability
Holders of public office are accountable for their decisions and actions to the public and
must submit themselves to whatever scrutiny is appropriate to their office.
Openness
Holders of public office should be as open as possible about all the decisions and
actions that they take. They should give reasons for their decisions and restrict
information only when the wider public interest clearly demands.
Honesty
Holders of public office have a duty to declare any private interests relating to their
public duties and to take steps to resolve any conflicts arising in a way that protects the
public interest.
Leadership
Holders of public office should promote and support these principles by leadership and
example.
ROLES AND RESPONSIBILITIES OF GOVERNORS
ADVISORY
To provide a steer on how the Foundation Trust carries out its business in ways
consistent with the needs of the members and the wider community.
The NHS Foundation Trust needs to consider:
•
How each Governor will maintain a dialogue with the membership community
they represent
•
What the Council of Governors means in practice for its local community
•
The control the local community currently has and how the Foundation Trust
adds to this
•
The day-to-day role of being a Governor
•
Governors responsibility to the local community
GUARDIANSHIP
To act as guardians to ensure that the Foundation Trust operates in a way that fits with
its statement of purpose and complies with its authorisation and acting in a Trustee role
for the welfare of the organisation.
STRATEGIC
To advise on longer term direction of the Foundation Trust so that the Board of Directors
can effectively determine its policies. The relationship between the Council of
Governors and the Board of Directors is critical and the respective roles need to be
discussed and agreed upon by both to avoid confusion and creating tension that might
disrupt the working of the governance arrangements.
LEGAL MINIMUM RESPONSIBILITIES
At a general meeting:
•
to appoint or remove the Chairman and the other non-executive Directors;
•
to approve an appointment (by the non-executive Directors) of the chief
executive;
•
to decide the remuneration and allowances, and the other terms and conditions
of office, of the non-executive Directors;
•
to appoint or remove the Trust’s external auditors;
•
to agree additional audit services to be provided by the external auditor;
•
to be presented with the annual accounts, any report of the financial auditor on
them and the annual report;
Other Responsibilities:
•
to provide their views to the Board of Directors when the Board of Directors is
preparing the document containing information about the Trust’s forward
planning;
•
to respond as appropriate when consulted by the Board of Directors in
accordance with the constitution;
•
to prepare and from time to time to review the Trust’s membership strategy, its
policy for the composition of the Council of Governors and of the non-executive
Directors;
•
Hold the non-executive Directors, individually and collectively, to account for
performance;
•
Represent the interests of the members of the trust and the public;
•
Approve ‘significant transactions’.
•
Approve any merger, acquisition, separation or dissolution the trust may enter
into;
•
Approve amendments to the trust’s constitution;
•
Agree the trust’ non-NHS work: deciding if it would significantly interfere with
service provision.
Being a Foundation Trust – A Summary
As a Foundation Trust we remain part of the NHS, providing NHS services based on
need and not on ability to pay.
The difference is that we are more independent and accountable to the communities we
serve. This means that instead of being run directly by the Government, we are
accountable to local people, through the membership arrangement.
Being a member gives people a voice in the decision process of the Trust.
Our independence allows us to make changes to the Trust’s services in a more
responsive and less bureaucratic way.
Thank you for taking the time to read this booklet we hope you will
want to get involved by standing for election as a Governor
For any queries please contact the Foundation Trust Membership
Office: 01268 598975 or email at [email protected]