Our Policies
Healthwatch Kingston upon Hull and our representatives are held to thorough standards and policies to ensure the way we work and the service we offer meets the needs of and empowers our local communities. You can view these policies below:
Code of Coduct
This code of conduct sets out how Healthwatch Kingston Upon Hull members are expected to behave to each other and those they come into contact with as a representative of Healthwatch. It applies to ISAB members, staff and volunteers.
Healthwatch Representaties must:
- Treat others with respect and act in a non-threatening manner.
- Respect equal opportunities, diversity and cultural differences.
- Respect confidentiality.
- Act in the best interests of Healthwatch and in accordance with Healthwatch policies and procedures.
- Have regard to relevant professional advice.
- Be clear on views they are representing and make explicit any bias in what they say.
- To be accountable for their actions.
- Prepared to represent divergent and conflicting views in a balanced manner.
- To be an ambassador for Healthwatch.
- To share information as widely as possible.
- Ensure reasonable attendance at meetings.
- Act in accordance with legal and contractual requirements.
- Follow the Nolan Principles of Public Life.
Breaches of the Code of Conduct
- A representative is asked to stand down from their role.
- A representative is issued with a warning.
- No action will be taken.
Nolan Principles of Public Life
- Selflessness – Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefit for themselves, their families 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 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 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.
Complaints Policy
We aim to provide the highest standards of customer service and welcome feedback, good or bad, about our performance and the manner in which we discharge our responsibilities to help us in this process. Anyone directly affected by the way in which Healthwatch Kingston Upon Hull has carried out its functions may raise their concerns or make a complaint. We will treat both concerns and complaints in the same way.
This Policy does not cover:
- Complaints or concerns about the NHS, which should be dealt with through the NHS complaints procedure.
- Complaints about the provision of social care services which should be dealt with by the Hull City Council complaints procedure.
We will review this policy on a regular basis.
Procedure
Stage 1:
In the first instance we would encourage you to raise a concern, complaint, or to provide feedback on our service informally. Providing information or correcting misunderstandings or misconceptions at this stage may enable the issue to be successfully resolved.
Stage 2:
If the concern or complaint is not resolved to your satisfaction, then you should formally write to the Healthwatch Kingston Upon Hull Delivery Manager via email or letter setting out the full details of your concern or complaint. Please include your name, address and telephone number and the name of the organisation you represent, if appropriate. We cannot respond to anonymous complaints.
The Healthwatch Delivery Manager will acknowledge receipt of your concern or complaint in writing or by email within 3 working days. It will then be investigated and attempts to resolve the matter will be completed within 15 working days, and you will be informed in writing or email of the outcome. If further time is needed, they will explain why and give a new deadline.
Stage 3:
If you are not happy with the outcome you can appeal to the Chief Officer of Hull CVS (accountable contract holder for Healthwatch Kingston Upon Hull) in writing via email or letter within 15 working days. The Chief Officer will review your concern or complaint and attempts to resolve the matter, and respond in writing or by email as soon as reasonably possible with their decision. This should normally be within 15 working days from the receipt of your appeal. If further time is needed, they will explain why and give a new deadline.
The decision of the Chief Officer will be final. Once the appeal process has been completed the concern or complaint will be closed.
Legal Issues
- The Complaints Procedure will be initiated and we will take such immediate action to protect clients, users, or ourselves through suspension of a staff member or other volunteer until such a time as any legal procedures or investigations are completed.
- Once immediate actions have been taken the Complaints Procedure will become suspended until such a time as any legal procedures or investigations are completed.
Data Protection
All personal data about a complainant, and collected during an investigation of the concern or complaint will be held securely and only used to help to address the concern or complaint. The identity of the person making the complaint will only be made known to those needing to consider the complaint and will not be revealed to other people or made public by us. However it may not be possible to preserve confidentiality in all circumstances, for example, where relevant legislation applies or allegations are made which involve the conduct of third parties.
Confidentiality Policy
Introduction
- Involvement in the work of Healthwatch Kingston upon Hull may mean that on occasions ISAB members, staff and volunteers will see or hear information of a confidential nature. This could cover:
- Information about individuals, for example ISAB members, staff, volunteers and users of our services;
- Information about our work, for example our plans, finances, funding bids;
- Information about other health and social care organisations who we work with, for example their plans and decisions, finances, commissioning decisions.
- All ISAB members, staff and volunteers are expected to use their discretion and respect the need to maintain confidentiality of information they have access to. This is expected to continue even when an ISAB member, staff member or volunteer is no longer involved with Healthwatch.
- This policy should be read in conjunction with our Data Protection Policy.
Information about Individuals
- Healthwatch is committed to ensuring confidential services to all individuals. The confidentiality is between the individual and Healthwatch, not the member of staff or volunteer delivering a particular service.
- Confidential information will not be sought from a client unless expressly in the interests of that client, i.e. to enable better service delivery.
- Information will only be passed to another agency or to other individuals outside of Healthwatch with the consent of the client, where possible this will be with written consent. If a member of staff or volunteer intends to get information from another agency to help the client or to refer them to another agency then this must be explained to the client and their permission given.
- No personal information about ISAB members, staff, volunteers or users of our services will be given to any third party (including a member of their family), without their consent. Information will only be divulged on a “need to know” basis.
- Information will be treated in confidence and will not be divulged to anyone outside Healthwatch except where extenuating circumstances exist (see below). However, in order that we can provide the best possible help to our clients it may be necessary to share information with a Healthwatch ISAB member or the Delivery Manager.
- All customers and clients are entitled to privacy and will be made aware that they can specifically request to be seen in private.
Use of Individual Information for publicity, reporting or training purposes
- We need to be able to give information where appropriate about the impact of our services.
- If one of our services has an outcome which would provide useful material for publicity, reporting or training purposes, then wherever possible the permission of the client will be sought in writing before the story is told to anyone else. If permission cannot be obtained then any details that would enable identification of the client to be made will be changed.
Commercially Confidential Information
- Healthwatch may at times be required to tender competitively for contracts and work in partnership with other agencies to submit bids for Government and other funding. All information concerning our commercial activities must remain confidential.
- In working with health and social care bodies, Healthwatch may at times have access to information classed as confidential. Commercially sensitive information obtained from such bodies should not be publically disclosed without first obtaining the prior permission of the organisation from where the information was obtained.
Limits to Confidentiality
- In certain circumstances we reserve the right to break confidentiality should this be deemed necessary. These circumstances include:
- If it is believed that a person could cause danger to themselves or to others;
- If there is suspicion or hard evidence of abuse or a safeguarding incident;
- If information is given which indicates that a crime has been committed;
- If disclosure is required by law, for example, by the police;
- The decision on whether to break confidentiality will be decided on a case by case basis by the Healthwatch Advisory Body.
Access to Data
- This Policy operates on a “need to know” basis and apart from the Healthwatch ISAB, relevant staff and volunteers; no-one will have access to client or organisational information unless it is relevant to the service or their work.
- All clients and customers have the right to request access to all information stored about them, and have a right to see a copy of this confidentiality policy on request.
Monitoring and Evaluation
- All ISAB members, staff and volunteers will be given a copy of this policy when they join Healthwatch and will sign a confidentiality statement that they will abide by this policy. Breaches of this policy will be handled under Healthwatch disciplinary procedures.
- The policy will be regularly reviewed by the contracting body (Hull CVS). It will also be reviewed in response to changes in relevant legislation, contractual arrangements, good practice or in response to an identified failing in its effectiveness.
Conflict of Interest
Independent Strategic Advisory Body (ISAB) members have an obligation to act in the best interests of Healthwatch Kingston Upon Hull in accordance with its governing document, and to avoid situations where there may be a potential conflict of interest. Staff and some volunteers have similar obligations. This policy applies to ISAB members, staff, and volunteers whose roles are identified as falling under this policy (collectively defined as members under this policy).
What is a Conflict of Interest?
- Inhibit free discussion.
- Result in decisions or actions that are not in the interests of Healthwatch and;
- Risk the impression that Healthwatch has acted improperly.
- Working for another organisation, whether NHS or Hull City Council related or not.
- Any directorships of companies likely to have a commercial relationship with the Hull City Council or the NHS.
- Voluntary or remunerated positions, such as trusteeship, local authority positions, other public positions.
- Membership of professional bodies or mutual support organisations, including political parties.
- Investments in unlisted companies, partnerships and other forms of business, major shareholdings and beneficial interests.
- Gifts or hospitality offered to you by external bodies and whether this was declined or accepted in the last twelve months.
- Where a family member or close personal relationship exists with an external body or somewhere where you may be in a position to award services to.
- Any other conflicts that are not covered by the above.
What to do if you face a Conflict of Interest
- The nature and extent of the conflict.
- An outline of the discussion.
- The actions taken to manage the conflict.
Declaration of Interests
Advisory Body members, staff and volunteers are asked to declare their interests, and any gifts or hospitality received in connection with their role in Healthwatch. A declaration of interests form is provided for this purpose, listing the types of interest you should declare.
To be effective, the declaration of interests needs to be updated at least annually and also when any changes occur. If you are not sure what to declare, or whether and or when your declaration needs to be updated, please err on the side of caution. If you would like to discuss this issue, please contact the Meeting New Horizons Chief Officer or Delivery Manager for confidential guidance.
A register of interests will be maintained by the Delivery Manager. The register will be publicly accessible on the Healthwatch website and available for inspection at the Healthwatch registered office. Declarations will also be published in the Annual Report and Accounts.
Data Protection
The information provided will be processed in accordance with data protection principles as set out in the Data Protection Act 1998 and subsequent GDPR 2018. Data will be processed only to ensure that members act in the best interests of Healthwatch. The information provided will not be used for any other purpose.
Declaration of Interest
I _________ as Independent Strategic Advisory Board (ISAB) member / employee / volunteer of Healthwatch Kingston Upon Hull have set out below my interests in accordance with the organisation’s conflicts of interest policy.
Category
Please give details of the interest and whether it applies to yourself or, where appropriate, a member of your immediate family, connected persons or some other close personal connection.
Current employment and any previous employment in which you continue to have a financial interest.
Appointments (voluntary or otherwise) eg. trusteeships, directorships, local authority membership, tribunals etc.
Membership of any political or professional bodies, special interest groups or mutual support organisations.
Investments in unlisted companies, partnerships and other forms of business, shareholdings and beneficial interests.
Gifts or hospitality offered to you by external bodies and whether this was declined or accepted in the last twelve months.
Any contractual relationship with Healthwatch Kingston Upon Hull or Hull CVS.
Any other conflicts that are not covered by the above.
Declaration
To the best of my knowledge, the above information is complete and correct. I undertake to update as necessary the information provided, and to review the accuracy of the information on an annual basis. I give my consent for it to be used for the purposes described in the conflicts of interest policy and for no other purpose.
Signed: _____________________________________________________________
Print Name: _________________________________________________________
Position: ____________________________________________________________
Date: _____________________
Enter and View
What is Enter and View?
- To go into health and social care premises to see and hear for themselves how services are provided.
- To collect the views of service users (patients and residents) at the point of service delivery.
- To collect the views of carers, family members and friends of service users.
- To observe the nature and quality of services – observation involving all the senses
- To collate evidence-based non-clinical findings.
- To request written actions from the provider in response to our recommendations for inclusion in the final report.
- To publish a report of any findings and recommendations, including observed good practice where noted, as well as points for improvement. This will be shared with the relevant providers, the Care Quality Commission, the relevant Local Authority or NHS commissioner and quality assurers, Healthwatch England and any other relevant partners. A copy will also be published on the Healthwatch website and printed copies will be available from the office on request.
- To develop insights and recommendations across multiple sites or services to inform strategic decision making at local and national levels.
Where does Enter and View Apply?
- NHS Trusts
- NHS Foundation Trusts
- Local Authorities
- Primary medical, dental, ophthalmic and pharmacy services (e.g. GPs, dentists, opticians, pharmacists)
- Bodies or institutions under contract with the NHS or a Local Authority to provide health or care services (e.g. social care homes and day-centres).
Exclusions – Where ‘Enter and View’ does not apply
- If the visit compromises either the effective provision of a service or the privacy or dignity of any person
- If the premises where the care is being provided is a person’s own home (this does not mean that an authorised representative cannot enter when invited by residents – it just means that there is no duty to allow them to enter)
- Where the premises or parts of premises are used solely as accommodation for employees
- Non-communal parts of the premises
- Where health and social care services are not provided at the premises (such as offices) or where they are not being provided at the time of the visit (for example when facilities and premises are closed)
- If, in the opinion of the provider of the service being visited, the Authorised Representative, is not acting reasonably and proportionately in seeking to ‘Enter and View’ its premises
- If the Authorised Representative does not provide evidence that he or she is authorised.
Who can carry out Enter and View?
Only Authorised Representatives of Healthwatch will undertake ‘Enter and View’ for the purpose of carrying out Healthwatch activities. Enter and View visits to be undertaken by a minimum of two Authorised Representatives.
Healthwatch will recruit volunteers as Enter and View Authorised Representatives (in-line with the Healthwatch Volunteering Policy). The specific role description sets out the qualities and abilities required for the Authorised Representatives, including DBS check.
Healthwatch will provide appropriate training for Authorised Representatives and ensure that they attend safeguarding training.
Healthwatch will make publicly on their websites a comprehensive an up to date list of all Authorised Representatives.
Authorised Representatives may occasionally take part in visits to health and care services and premises led, for example, by the Clinical Commissioning Group or the Care Quality Commission.
The Purpose of Enter and View
- Observe and assess the nature and quality of services
- Obtain the views of people using those services
- Validate evidence already collected
- Gather information from staff, services users, family, friends and carers
- Liaise with statutory organisations for example Care Quality Commission to ensure non-duplication of visits within the same time period.
Announced visits as part of the Healthwatch Work Plan
- Providers know the names of the Authorised Representatives involved.
- Staff and service users whom the Authorised Representatives wish to interview are identified.
- Providers know the activities the Authorised Representatives wish to observe.
- Consideration is given as to whether or not it would be beneficial for staff members or service users to accompany the Authorised Representatives and visits be conducted accordingly.
- Notice is given if any leaflets or other information about Healthwatch will be distributed during the visit.
- Providers are informed that they will receive draft report of findings and recommendations prior to the final drafting and circulation of the final Enter and View report and will have a specified period in which to submit comments.
- Providers are invited to submit written actions they will take in response to the draft report for inclusion in the final version.
- Providers know that, where appropriate, draft findings will be shared with relevant parties including any whose information may have led to the visit.
Unannounced visits
Unannounced visits should not take place if any other approach could produce the information Healthwatch is seeking. Unannounced visits must be in response to a concern highlighted by the community, such as reports of dirty premises, statistics showing high infection rates or spot checks to review aspects of service delivery such as waiting times for clinic attendances.
The rationale for undertaking such a visit must be documented by Healthwatch, along with the reason for not addressing the situation in another way.
Where Healthwatch decides it is necessary to conduct an unannounced visit, they agree to provide the information above upon arrival.
GDPR and Data Protection
Everyone has rights with regard to how their personal information is handled. During the course of our activities we will collect, store and process personal information about our staff, volunteers and service users, and we recognise the need to treat it in an appropriate and lawful manner.
The types of information that we may be required to handle include details of current, past and prospective employees, volunteers, suppliers, customers, and others that we communicate with. On occasions we may be required to handle CCTV footage, which will include the aforementioned categories, with the addition of any visitors to the premises, whether trespassers or otherwise. The information, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (the Act). The Act imposes restrictions on how we may use that information.
Definition of Data Protection Terms
- Data – is information which is stored electronically, on a computer, or in certain paper-based filing systems. This will include images and video footage captured from closed circuit television cameras on our premises, and any online identifiers.
- Personal data – Under GDPR the definition of personal data has been substantially expanded to reflect the types of data organisations now collect about people. Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (such as a name, address or date of birth) or it can be an opinion (such as a performance appraisal). Other data like economic; online identifiers such as IP addresses; and cultural or mental health information, are also considered personally identifiable information. Pseudonymised personal data may also be subject to GDPR rules, depending on how easy or hard it is to identify whose data it is.
- Data subjects refers to any individual person who can be identified, directly or indirectly, via an identifier such as a name, an ID number, location data, or via factors specific to the person’s physical, physiological, genetic, mental, economic, cultural or social identity. For the purpose of this policy, it includes all living individuals about whom we hold personal data. All data subjects have legal rights in relation to their personal data.
- Data controllers are the people who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are to be processed. The organisation is the data controller of all personal data used in our business.
- Data Processors in relation to personal data, means any person who processes the data on behalf of the data controller. This includes any employees and volunteers whose work involves using personal data. Under GDPR, data processors are equally responsible for data protection compliance and for adhering to security policies at all times.
- Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
- Special categories of personal data: Sensitive includes information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition, sexual life or sexual orientation. It also relates to genetics and biometric data.
- Special categories of personal data: Criminal convictions and offences – You need a lawful basis for processing data about criminal convictions, criminal offences or related security measures. You should document your lawful basis for processing before you begin the processing so that you can demonstrate compliance and accountability. Only an official capacity can keep a comprehensive register of criminal convictions.
- Processing of special categories of data shall be prohibited unless:
- Explicit consent has been obtained.
- Processing is necessary for carrying out obligations under employment, social security, or social protection law.
- Processing is necessary to protect the vital interest of an individual when they are physically or legally incapable of giving consent.
Data Protection Principles
- Processed lawfully, fairly and in a transparent manner.
- Collected for specified, explicit and legitimate purposes, and not processed in a manner contradictory to those purposes.
- Adequate, relevant and limited to what is necessary in relation to the purposes for which the data is processed.
- Accurate and where necessary kept up to date. Every reasonable step should be taken to ensure that personal data that is inaccurate, are erased or rectified without delay.
- Kept in a form which permits identification of individuals for no longer than is necessary for the purposes for which the personal data is processed.
- Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised processing, accidental loss, destruction or damage.
Fair and Lawful Processing
- Given with consent. Consent must be freely-given, specific, informed and unambiguous. It should be given in an easily accessible form with the purpose for data processing attached to that consent, and it must be as easy to withdraw consent as it is to give it.
- Where it is in our legitimate interests and this is not overridden by the rights and freedoms of the data subject.
- Where necessary to meet a legal obligation.
- Where necessary to fulfil a contract, or pre-contractual obligations.
- Where we are protecting someone’s vital interests.
- Where we are fulfilling a public task, or acting under official authority.
- The data subject must be told the purpose for which the data is to be processed by us, and the identities of anyone to whom the data may be disclosed or transferred.
- When sensitive personal data is being processed, more than one condition must be met. In most cases the data subject’s explicit consent to the processing of such data will be required.
- Where processing is based on consent, the data subject should have the option to easily withdraw their consent.
- Where electronic direct marketing communications are being sent, the recipient should have the option to opt-out in each communication sent, and this choice should be recognised and adhered to by us.
Processing for Limited Purposes
Personal data may only be processed for the specific purposes notified to the data subject when the data was first collected or for any other purposes specifically permitted by the Act. This means that personal data must not be collected for one purpose and then used for another. If it becomes necessary to change the purpose for which the data is processed, the data subject must be informed of the new purpose before any processing occurs.
Adequate, relevant and non-excessive processing
Personal data should only be collected to the extent that it is required for the specific purpose notified to the data subject. Any data which is not necessary for that purpose should not be collected in the first place.
Accurate data.
Personal data must be accurate (not incorrect or misleading) and kept up to date. Steps should therefore be taken to check the accuracy of any personal data at the point of collection and at regular intervals afterwards. Inaccurate or out-of-date data should be destroyed.
Timely processing.
Personal data should not be kept longer than is necessary for the purpose. This means that data should be destroyed or erased from our systems when it is no longer required.
Processing in Line with Data Subject's Rights
- Right of access – People have the right to access any information we hold on them, and the right to know why that data is being processed, how long it’s stored for, and who gets to see it.
- Right to be forgotten (Erasure) – Individuals have the right to demand that their data is deleted if it’s no longer necessary to the purpose for which it was collected. They can also demand that their data is erased if they’ve withdrawn their consent for their data to be collected, or object to the way it is being processed. If you have disclosed the personal data in question to others, you must contact those and inform them of the erasure of the personal data.
- Right to portability – People’s information must be stored in commonly used formats, so that a person’s data can be moved to another organisation (free of charge) if the person requests it.
- Right to rectification – Individuals are entitled to have personal data rectified if it is inaccurate or incomplete. If you have disclosed the personal data in question to others, you must contact those and inform them of the rectification also.
- Right to restrict processing – You will be required to restrict the processing of personal data in the following circumstances:
- Where an individual contests the accuracy of the personal data, you should restrict the processing until you have verified the accuracy of the personal data.
- Where an individual has objected to the processing, and you are considering whether your organisation’s legitimate grounds override those of the individual.
- When processing is unlawful and the individual opposes erasure and requests restriction instead.
- If you no longer need the personal data but the individual requires the data to establish, exercise or defend a legal claim.
- Right to object – Individuals have the right to object to processing based on legitimate interests, processing for direct marketing, and processing for purposes of scientific and or historical research and statistics. You must inform individuals of their right to object at the point of first communication.
- Rights in relation to automated decision making and profiling – Profiling is a form of automated processing of personal data used to analyse or predict matters relating to an individual. For example, analysing an individual’s performance at work, financial status, health, interests or location. Automated decision making is the ability to make decisions without human involvement. Examples of profiling and automated decision making include:
- General profiling – where individuals are segmented into different groups, based on data analysis.
- Decision-making based on profiling – where a human makes a decision based on profiling.
- Solely automated decision making – where an algorithm makes a decision, with no human intervention.
- Decisions based solely on automated decision making which significantly affects an individual are prohibited unless it is necessary for the performance of or entering into a contract; it is authorised by law; or it is based on the data subject’s explicit consent.
- Automated decision making that involves special categories of personal data, such as information about health, sexuality, and religious beliefs, is only permitted where it is carried out on the basis of explicit consent or where it is necessary for reasons of substantial public interest, such as fraud prevention.
Data Security
- Confidentiality means that only people who are authorised to use the data can access it.
- Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
- Access means personal data will be limited to personnel who need access, with appropriate security in place to avoid unauthorised sharing of information.
- Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on our central computer system instead of individual PCs.
- Secure lockable desks and cupboards – Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential).
- Equipment – Data users should ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
- Storage – electronic data is to be held on secure databases on the central computer system, not individual PCs, which is password protected with access granted to only those that have the authority to access it.
- Paper based data is held in locked cabinets which can only be accessed by authorised personnel, and are locked away at all times when not in use. Transfer of hard copy information should be passed directly to the recipient.
- Methods of disposal – Paper documents should be disposed of via shredders or confidential waste bins. Physical discs or drives should be destroyed when they are no longer required, and data deleted from IT systems when no longer required.
- Encryption – All company owned devices will have hardware encryption set up by default where possible, including laptops, mobile devices and removable media.
- Public WIFI – Take care when connecting to public WIFI connections, as these can expose your connection to interception. If you’re not sure if a connection is secure, do not connect to it.
- Email – Take care to email the intended recipient (especially where email address autocomplete is turned on). Use the ‘bcc’ field for emailing several people where using ‘to’ or ’cc’ is not needed.
- Entry controls – Any stranger seen in entry-controlled areas should be reported.
Providing Information over the Telephone
Any member of staff or volunteer dealing with telephone enquiries should be careful about disclosing any personal information held by us. In particular they should:
- Check the caller’s identity to make sure that information is only given to a person who is entitled to it.
- Suggest that the caller put their request in writing if they are not sure about the caller’s identity and where their identity cannot be checked.
- Refer to your team leader or manager for assistance in difficult situations. No-one should be bullied into disclosing personal information.
CCTV Cameras
The use of Closed Circuit Television in the workplace and resulting footage, images, sounds means that individuals can be identified, and therefore usage must be in accordance with the provisions of this policy.
In addition to the above provisions of this policy, there are additional requirements which relate specifically to the use of CCTV in the workplace:
- Cameras must be visible.
- Cameras may not be sighted in places which would invade personal privacy, for example in the toilets.
- Areas covered by the cameras will be identified by signage.
- Information displayed in CCTV images will not be shared unless it is our legal duty to do so.
Use of External Processors
- Personal data may only be transferred to a third-party data processor if they agrees to comply with our procedures and policies, or if they puts in place agreeable alternative adequate measures.
- Processors will only be appointed who can provide sufficient guarantees around compliance with the GDPR and that the rights of data subjects will be protected.
- Where an external processor is used, a written contract with compulsory terms must be in place. Processors can only act on our instruction.
- Where any contractor fails in their obligations under this Policy, they shall indemnify the organisation against any cost, liabilities, damages, loss, claims or proceedings that may arise from that failure.
- Any use of external processors must be approved by Management.
Breaches
- A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.
- All members of staff should be vigilant and able to identify a suspected personal data breach. A breach could include:
- Loss or theft of devices or data, including information stored on USB drives or on paper.
- Hacking or other forms of unauthorised access to a device, email account, or the network.
- Disclosing personal data to the wrong person, through wrongly addressed emails, or bulk emails that inappropriately reveal all recipients email addresses.
- Alteration or destruction of personal data without permission.
- Where a member of staff discovers or suspects a personal data breach, this should be reported to a Team leader or line manager as soon as possible.
- Where there is a likely risk to individuals’ rights and freedoms, the Manager will report the personal data breach to the ICO within 72 hours of the organisation being aware of the breach. Initial contact with your data protection authority should outline the nature of the data that’s affected, roughly how many people are impacted, what the consequences could mean for them, and what measures you’ve already actioned or plan to action in response. Penalties for breaches can include fines of up to 4% of the organisation’s turnover.
- Where there is also a likely high risk to individuals’ rights and freedoms, those individuals are to be informed without undue delay.
- The Manager will keep a record of all personal data breaches reported, and follow up with appropriate measures and improvements to reduce the risk of reoccurrence, which may include disciplinary action.
Dealing with Subject Access Requests
- Privacy information acknowledges the rights of data subjects and explain how individuals can exercise them.
- Any request in respect of these rights should be made in writing via post.
- Any member of staff who receives a written request should forward it to their team leader or manager immediately.
- We will take reasonable measures to require individuals to prove their identity where it is not obvious that they are the data subject.
- We will respond to the request within one month from the date of request or being able to identify the person, or maximum 2 months if it is particularly complex.
- The Manager will ensure that required actions are taken and that the appropriate response is facilitated within the deadline.
Equal Opportunities
Healthwatch Kingston Upon Hull is committed to promoting equality of opportunity in employment, volunteering and the services it provides. We do not discriminate against users of our services, staff and volunteers (existing or potential) on the basis of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation (protected characteristics).
As an employer and provider of a service to the community, Healthwatch accepts the responsibility to promote equal opportunities and challenge discrimination wherever it occurs. This policy sets out the main consequences of this commitment and the action to be taken in order to achieve equal opportunities.
All ISAB members, staff and volunteers have a duty to act in accordance with this policy and to ensure that no other ISAB member, staff, volunteers or service users receives less favourable treatment than any other on the grounds of a protected characteristic.
Responsibility
The contracting body (Hull CVS) has overall responsibility for the effective operation of this policy. However, all employees, volunteers and service users have a duty as part of their involvement with Healthwatch to do everything they can to ensure that the policy works in practice.
Healthwatch will bring to the attention of all employees, job applicants, volunteers, volunteer applicants and service users the existence of this policy.
Positive Action
- Recognising and developing potential which has not been used before because of past discrimination and disadvantage.
- Encouraging access and applications for staff and volunteer positions from under-represented groups.
- Providing training and support for disadvantaged groups and individuals to fully participate in its work.
Forms of Discrimination
- Direct discrimination occurs where someone is treated less favourably because of one or more of the protected characteristics set out above.
- Indirect discrimination occurs where someone is disadvantaged by an unjustified provision, criterion or practice that also puts other people with the same protected characteristic at a particular disadvantage. For example, a requirement to work full time puts women at a particular disadvantage because they generally have greater childcare commitments than men. Such a requirement will need to be objectively justified.
- Harassment related to any of the protected characteristics is prohibited. Harassment is unwanted conduct that has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
- Victimisation is also prohibited. This is less favourable treatment of someone who has complained or given information about discrimination or harassment, or supported someone else’s complaint.
Use of Language
Staff, volunteers and service users will avoid and challenge the use of language which, in any way, belittles anyone with a protected characteristic. Where the language used has a personal impact on others, and it has been made clear to the person concerned that their use of such language is unwelcome and or offensive, disciplinary action may be taken if they persist with it.
Communications
All Healthwatch communications material will be made available on request, n alternative formats (e.g. other languages, Braille, easy-read versions and other formats).
Healthwatch staff and volunteers should not produce or distribute material to promote views which are offensive to people with a protected characteristic.
Disability and Access to Premises
If you are disabled or become disabled, we encourage you to tell us about your condition so that we can support you as appropriate.
If you experience difficulties at work or as a volunteer because of your disability, you may wish to contact the Healthwatch Delivery Manager , discuss any reasonable adjustments that would help overcome or minimise the difficulty. The Delivery Manager may wish to consult with you and your medical adviser(s) about possible adjustments. We will consider the matter carefully and try to accommodate your needs within reason. If we consider a particular adjustment would not be reasonable we will explain our reasons and try to find an alternative solution where possible.
We will monitor the physical features of our premises and premises we used for Healthwatch events / meetings to consider whether they place disabled staff, volunteers or service users at a substantial disadvantage compared to other staff, volunteers and service users. Where reasonable, we will take steps to improve access for disabled staff, volunteers and service users.
Recruitment and Selection
- Questions necessary to establish if an applicant can perform an intrinsic part of the job or volunteer role (subject to any reasonable adjustments).
- Questions to establish if an applicant is fit to attend an assessment or any reasonable adjustments that may be needed at interview or assessment.
- Positive action to recruit disabled persons.
- Equal opportunities monitoring (which will be treated as confidential and will be clearly separated from all processes concerned with the decision-making process).
Training
Staff and volunteer training needs will be identified,through regular supervision sessions. All staff and volunteers will be given appropriate access,to training subject to available resources, to enable them to progress and develop within Healthwatch,and all promotion decisions will be made on the basis of merit.
Dealing With Complaints
- Complaints Policy.
- Disciplinary Policy (staff only) or;
- Volunteer Problem Solving Policy.
Monitoring of Policy
- Monitor and report to the Healthwatch ISAB on equal opportunities progress, development and practice.
- Ensure staff, service users’ and volunteers’ awareness and understanding of equal opportunities issues and practice via training and development.
ISAB Framework
What is Healthwatch?
The purpose of Healthwatch is to give patients and the wider public a powerful voice – ensuring that their views and experiences are heard by those who plan and deliver health and social care services, giving people a real say over how their local health and social care services are run. Healthwatch not only has the ability to influence how services are set up, commissioned and delivered, but it is also able to provide advice and information on health and social care services as well as signpost those wishing to make a complaint about their local NHS services.
Visions and Values
The Vision of Healthwatch is to be the independent champion for local residents, enabling them to improve health and social care.
Our Mission is to listen to local communities and use their views to challenge providers and commissioners of care to bring about improved services.
Our Objectives are to:
- Seek out opportunities for service improvement.
- Be recognised as the consumer champion.
- Listen to the quieter voices.
- Be a credible source for data collection.
- Be accountable and hold commissioners and providers to account.
- Be trusted and respected as a fair and professional organisation.
Our Strategy is to:
- Build public awareness.
- Obtain the views of the public.
- Build relationships with providers and commissioners.
- Challenge organisations to improve services.
Functions of Healthwatch
Statutory Functions of a Local Healthwatch
The legislation that has created Healthwatch can be summarised in to eight statutory activities:
- Promoting and supporting the involvement of local people in the commissioning, the provision and scrutiny of local care services.
- Enabling local people to monitor the standard of provision of local care services and whether and how local care services could and ought to be improved.
- Obtaining the views of local people regarding their needs for, and experiences of, local care services and importantly to make these views known.
- Making reports and recommendations about how local care services could or ought to be improved. These should be directed to commissioners and providers of care services, and people responsible for managing or scrutinising local care services and shared with Healthwatch England.
- Providing advice and information about access to local care services so choices can be made about local care services.
- Formulating views on the standard of provision and whether and how the local care services could and ought to be improved; and sharing these views with Healthwatch England.
- Making recommendations to Healthwatch England to advise the Care Quality Commission to conduct special reviews or investigations (or, where the circumstances justify doing so, making such recommendations direct to the CQC); and to make recommendations to Healthwatch England to publish reports about particular issues.
- Providing Healthwatch England with the intelligence and insight it needs to enable it to perform effectively.
Legal Powers of Local Healthwatch
Having been developed under the Health and Social Care Act 2012, local Healthwatch organisations have been granted a number of legal powers:
- To gather people’s views on, and experiences of, the health and social care system.
- To send trained representatives to ‘Enter and View’ local services to speak to patients and service users, and observe services being delivered.
- To make reports and recommendations and to get a response from commissioners and service providers.
- To have influence on local commissioning decisions through membership of the statutory Health and Wellbeing Board and involvement in preparing joint health and wellbeing strategies.
- To alert Healthwatch England, or the CQC, where appropriate, to concerns about specific care providers, health or social care matters.
Other Local Healthwatch Regulations
Additional to the statutory activities, there a number of other requirements of a Local Healthwatch organisation:
- To be an independent organisation.
- To produce an Annual Report as per the guidance set by the Department of Health.
- To apply for and hold a license to use the Healthwatch trademark.
- Be applicable under the Freedom of Information Act.
- To hold meetings in public.
- To have a decision making procedure as per the local Healthwatch regulations.
- For DBS checks for people undertaking Enter and View to be considered by the local Healthwatch, which should be subsequently satisfied that the individual is a suitable person for the purposes of Enter and View.
- To publish and maintain a list of authorised representatives.
- To not be set up as a political body or make political activities its main activity.
- To have provision for the involvement of lay persons and volunteers in governance and activities.
Governance and Accountability
Contracting and Funding of Healthwatch
The Health and Social Care Act 2012 introduced Healthwatch from 1st April 2013. Each of the 152 upper tier local authority areas in England has its own local Healthwatch organisation (now 148 HWs after some merged). Funding for local Healthwatch was devolved from the Department of Health to each local authority who were then responsible for commissioning a provider to develop an independent Healthwatch organisation in their area. Following a tendering process, the local authority appointed Hull CVS/MNH to continue the delivery of Healthwatch locally.
Governance Model
Local Healthwatch across the country have adopted varying governance structures. Our framework has been developed from over seven years successful implementation and delivery of four local Healthwatch organisations within the Humber region. This experience has identified that the more complex the governance structure, often the more the nature, role and responsibilities of the board lack clarity. Our experience has also proven that, due to the contracting and accountability arrangements between Local Authority commissioners and the contracting body, a traditional Fiduciary Board structure only adds to a lack of clarity. It is for this reason therefore we have adopted a model of an Independent Strategic Advisory Body (ISAB). Such a model removes any complexities whilst at the same time provides an effective mechanism to access both external lay and professional wisdom and generate insights and ideas which can only come with distance from the day-to-day operations.
Accountability & Transparency
As holder of the contract from the Local Authority for the development and delivery of Healthwatch, Hull CVS/MNH will remain accountable for ensuring that Healthwatch is meeting its statutory and contractual requirements during the contract period. This will be governed by the Hull CVS/MNH Trustee Board who provides strategic leadership, promotes good governance and accountability on all contractual, legal and financial duties of Healthwatch. Overseeing the day to day operations of Healthwatch will be the responsibility of the Healthwatch Delivery Manager in conjunction with the Deputy Chief Officer of Hull CVS/MNH, however the ISAB will provide added independent lay insight and overview regarding delivery of the annual strategic workplan.
Delivery of the contract against the specified outcomes will be closely monitored by Hull CVS/MNH and the Local Authority Commissioner as part of the contract management process. The ISAB will be appraised of the contractual requirements so that their strategic input complements and supports these requirements, and enables them to offer effective consideration of delivery against the overarching strategic vision.
Key Features of the ISAB Model
The Healthwatch model of an ISAB differs from ‘traditional board’ models as follows:
Traditional Role of a Board:
Setting purpose and mission.
Why Healthwatch is Different:
This has already been determined by statute – essentially the 8 statutory functions of Healthwatch sets out the purpose. To a further extent have also been determined by the Local Authority commissioner and stipulated in the service specification.
Traditional Role of a Board:
Determining the operational delivery and fulfilment of the service.
Why Healthwatch is Different:
This has been determined by the provider tender response which forms part of the contract.
Traditional Role of a Board:
Determining the workplan.
Why Healthwatch is Different:
A high proportion of the workplan is determined in part by each of the above and from what is being raised by the public. There is however scope for the ISAB to contribute to the setting of this.
Traditional Role of a Board:
Determining budget and resources.
Why Healthwatch is Different:
This has been determined by the tender response, and due to the level of funding, there is limited freedom in movement.
Traditional Role of a Board:
Monitoring performance.
Why Healthwatch is Different:
Hull CVS/MNH are responsible for ensuring delivery of the contract to a high standard, and the Local Authority as the commissioner are to ensure this happens.
Traditional Role of a Board:
Legal duties.
Why Healthwatch is Different:
The ISAB is created in a voluntary advisory capacity with no legal responsibility/accountability.
Purpose of the ISAB
The central purpose of the ISAB is to ensure a winning strategy for Healthwatch and be a strategic partner to senior management, enabling it to be one of the best Healthwatch services in the country. Its core work includes setting strategic priorities for Healthwatch as aligned to the statutory and contractual requirements; reviewing and modifying strategic plans; and observing the execution of workplans. The ISAB will also have responsibility for maintaining and safeguarding the independence, probity and transparency of Healthwatch, and ensuring that delivery is focused specifically around the needs of local residents.
The role of the ISAB does not include:
- Operational delivery.
- Operational decisions.
- A platform for personal agendas.
- Managing or directing staff.
- Performance management of staff or Hull CVS/MNH.
Recruitment and Composition
Membership of the ISAB will comprise of the Hull CVS/MNH Deputy Chief Officer and Healthwatch Manager as accountable contract and operational leads, in addition to further individuals (both lay and professional) appointed based on their ability to represent specific needs or voices of local communities.
A dedicated member will be recruited from the Voluntary and Community Sector with the purpose of representing the views of grassroots voluntary and community organisations. In order to improve our engagement with and representation of younger people, we will seek to ensure that at least one lay member position is held by someone under the age of 30. If necessary, we will co-opt a younger person for a period of time to fulfil this role.
As a minimum the ISAB membership will include the following:
- Hull CVS/MNH Deputy Chief officer – Accountable Contract lead (Exec)
- HW Manager – Operational Lead (Exec)
- Advocacy Lead – Vulnerable Voice & Complaints input
- VCS Provider – Community Voice (Lay)
- Youth HW representative – CYP Voice (Lay)
Additional lay members of the Advisory Body will be selected via an open application process for their knowledge and expertise in one or more of the following areas:
- Patient and public engagement.
- Children and young people.
- Marketing and communications.
- Health and social care.
- Volunteer management.
- Strategic leadership
All applicants will be assessed against the person specification and role description by the recruitment panel. If necessary, Healthwatch will seek out individuals with the right skills representing different areas and interests to maintain a balanced Advisory Body.
Roles of Individual Members
The person specification and role description for ISAB members detail specific requirements. Particular attributes and involvement required of individuals will include:
- Experience – Offer advice and insights that comes from seniority and/or time served experience.
- Specialist Knowledge – Contribute or be called upon for expert knowledge from their specialist area.
- Horizon Scanning – To contribute to being the ‘eyes and ears’ of things Healthwatch needs to be aware of.
- Local Knowledge – Share knowledge of local concerns, plans or developments.
- Different Insight – Consider approaches to activity and offer alternative insights.
- Ideas – Contribute ideas towards brainstorming for the strategy development session.
- Ambassador – Utilising opportunities to promote and champion the work of Healthwatch and encouraged engagement and involvement by others.
- Independence – contributing to safeguarding the probity and transparency of Local Healthwatch.
ISAB members, although appointed for their knowledge and/or expertise in particular areas, may also will invariably bring their own specific interest areas. This may present an opportunity with two way benefit for ISAB members to ‘sponsor’ a particular area with a view to assessing the potential of inclusion on the future local Healthwatch workplan. This would involve:
- Being the eyes and ears of development in this area.
- Identifying potential gaps that fit within the HW remit.
- Determining how local Healthwatch can offer specialist knowledge to partners in this area.
Meetings
The ISAB will meet formally at least four times a year, with dates, venues and agendas for meetings published in advance. Apart from the annual strategy development workshop, all meetings will be in public to further enable lay involvement.
The agenda for the meetings will be set on an annual basis in order to ensure effectiveness and optimum contribution. Having a set annual schedule will also enable planned priorities to be adhered to, whilst also being able to effectively monitor capacity to respond to unexpected demands.
Standing items of the ISAB will include:
- Declaration of Interests.
- Apologies.
- Minutes & Matters arising.
- Past quarter activity and developments (for info)
- Decision log (for info)
- Progress against strategic plan.
- Themes and trends reported in last quarter.
- Risk log, including ad hoc/unexpected requests and ability to respond.
- ISAB members feed back/horizon scanning.
- HW Network scoping feedback.
- Public questions.
Other key areas of business discussed over the course of the year will include:
- Annual work planning.
- Thematic project planning and review.
- Annual report.
Annual Workplan Setting
At the beginning of each calendar year, the ISAB will set out the strategic priorities for the 12-16 months ahead. The setting of priorities will be facilitated by a matrix approach that enables the ISAB members to identify and map the against the statutory and contractual requirements. Intelligence that is gathered by the Healthwatch team, including themes and trends, in addition to known system workplans and strategies, will be provided to help inform decision making. A separate decision matrix will then also be utilised to aid in identifying which specific issues Healthwatch should focus upon, that ensures the decision is equitable, avoids duplication and enables Healthwatch to make optimum impact.
Due to the cross boundary nature with neighboring Healthwatch, and having a shared contracted provider, there is also potential to hold future joint strategy development sessions with the fellow Healthwatch ISAB and team. Not only will this aid the avoidance of duplication, it will also help maximise resources, skills, intelligence and impact, and also enable opportunities for joint pieces of work.
Following the annual strategy development, the Healthwatch team then translates this in to an operational workplan, for agreement, and commencement of delivery in the April in time for the new financial and contractual year.
Requirements of the Role
- It as the request of or agreement by the Executive team.
- The meeting is sufficiently prepared for, including reading papers of the meeting in advance, and liaising with the Healthwatch manager in advance for any pertinent updates or information.
- The most economical means and route of transport are agreed with the Operational Leads.
- A summary or outcomes of the meeting are fed back to the Executive team and wider ISAB.
- Requests or decisions are not committed to by the representative but are instead fed back to the Executive team.
- Representatives are clear in their remit for being at the meeting.
- Individual views are not presented as being those of Healthwatch. If there is a strong desire to present a personal view, the representative is to be implicit in informing the meeting that it is their own view and not that of Healthwatch.
- A professional image is portrayed at all times.
- It ensures information is up to date with other activity taking place.
- It ensures there is not conflicting messaging with what has been conducted by the Executive team.
- It allows for consistency in delivery of all activity.
- Partners are not confused by multiple contact points to the service.
- All activity can be recorded and followed up appropriately.
- It ensures all parties are involved in any relevant decisions.
- Current health and social care providers (managers, trustees, employers and current employees) whose main function is to provide services in the Healthwatch contracted area.
- People whose work directly involves them in commissioning health or social care services in/for the Healthwatch contracted area, or in commissioning or making strategic policy for other local authority services.
- Direct financial gain or benefit to the member, such as:
- Payment to an ISAB for services provided to the Healthwatch organisation.
- The award of a contract to another organisation in which an ISAB member has an interest and from which an ISAB member will receive a financial benefit.
- The employment of an ISAB member in a separate post within the Healthwatch organisation, even when the member has resigned in order to take up the employment.
- Indirect financial gain, such as employment by the Healthwatch organisation of a spouse or partner of an ISAB member.
- Non-financial gain, such as when a user of Healthwatch services is also an ISAB member.
- Conflict of loyalties, such as where an ISAB member is appointed by the local authority or by one of the funders of Healthwatch, or where a friend of an ISAB member is employed by Healthwatch.
- Selflessness – Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefit for themselves, their families 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 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 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.
Appendix A:
ISAB Member Role Description
- Take a strategic overview of the work and activities of Healthwatch.
- To participate in setting, implementing and monitoring Healthwatch strategic objectives and core values.
- Be able to listen to and understand a wide range of views, present information clearly and concisely and get clarification of relevant points, thus enabling the ISAB to make effective strategic decisions.
- Act as an ambassador and representative for Healthwatch upholding the reputation and values of the organisation.
- Safeguard the independence, openness and transparency of Healthwatch and make recommendations to the management of Hull CVS/Meeting New Horizons CIC where these could be called into question.
- To receive, read and consider reports and question these where necessary to ensure that decisions are well founded.
- Demonstrate accountability to the local community for the way it takes decisions through adoption and use of good governance principles, including transparency, independence and lay leadership.
- Build and maintain good relationships with key stakeholders.
- Network and promote the achievements, purposes and benefits of Healthwatch.
- To declare any relevant personal, professional or commercial interests in any matters being discussed by the Board.
- Meet a minimum of four times per year.
- Patient and public engagement.
- Marketing and communications.
- Health and social care.
- Volunteer management.
- Strategic leadership.
- Voluntary & Community Sector representation.
- Current health and social care providers (managers, trustees, employers and current employees) whose main function is to provide services in / to the corresponding local authority boundary.
- People whose work directly involves them in commissioning health or social care services in/for the corresponding local authority boundary.
- Direct financial gain or benefit to the member, such as:
- The award of a contract to another organisation in which an ISAB member has an interest and from which an ISAB member will receive a financial benefit.
- Payment to a Board member for services provided to the Healthwatch organisation.
- The employment of an ISAB member in a separate post within the Healthwatch organisation, even when the member has resigned in order to take up the employment.
- Indirect financial gain, such as employment by the Healthwatch organisation of a spouse or partner of an ISAB member.
- Non-financial gain, such as when a user of Healthwatch services is also an ISAB member.
- Conflict of loyalties, such as where an ISAB member is appointed by the local authority or by one of the funders of Healthwatch, or where a friend of an ISAB member is employed by Healthwatch.
- Selflessness – Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefit for themselves, their families 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 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 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.
Person Specification
Knowledge
Essential
- An understanding of the specific health and social care needs of the local population.
Desirable
- Knowledge of the Health and Social Care Act 2012 and the role and function of Healthwatch.
- An understanding of health and social care policy issues and the challenges facing the NHS and Local Authorities.
- Knowledge and understanding of community engagement and / or patient and public involvement.
- Experience of chairing professional and public meetings.
Skills and Abilities
Essential
- Strong strategic planning skills, with ability to develop vision and encourage others to contribute.
- The confidence to use your own initiative, be pro-active and demonstrate an eye for detail.
- The ability to recognise and mediate competing interests within a wider agenda.
- Ability to work analytically, strategically and with enthusiasm.
- Good communication and interpersonal skills, coupled with developed networking skills that inspire trust, encourage forward thinking and involvement.
- Strategic thinking, able to analyse complex information, demonstrate clear analytical intellect and guide rational decision making.
Personal Behaviour and Style
Essential
- An outgoing, friendly and approachable personality, with the ability to adapt your style to a wide variety of situations.
- Passionate about promoting better outcomes in health and social care for all.
- Listens to others and provides decisive leadership when it is required.
- Committed to the principles of integrity, transparency, accountability and respect for others in accordance with the Nolan principles.
- Have a strong commitment to equality and diversity and to forming effective working relationships across the local area’s diverse population.
- Ensure that Healthwatch will actively seek views from all sections of the community – not just from those who shout the loudest, but especially from those who sometimes struggle to be heard as well as those who are seldom heard.
- A strong connection to the local area, preferably lives and/or works or receives health or social care in the region.
- Time and commitment to effectively discharge the responsibilities of the post.
Desirable
- Political astuteness with mature insight into organisational strategic leadership and success.
Appendix B:
Decision Making Procedure
The Regulations for local Healthwatch state that each local Healthwatch must have a procedure for making relevant decisions.
The complex and constantly evolving health and social care system makes our work particularly challenging to achieve with limited resources. Therefore we have to prioritise what we do and make decisions strategically.
This policy and procedure relate to how our Healthwatch makes decisions about what action to take about issues that are reported directly to Healthwatch.
Legal Framework
Regulation 40, The NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 state that each Local Healthwatch (LHW) must have a procedure for making relevant decisions, specifically to include:
- Provision as to who may make decisions.
- Provision for involving lay persons or volunteers in such decisions.
- Provision for dealing with breaches of any procedure referred to in the previous two previous points which should include circumstances in which a breach would be referred to the Local Authority.
Relevant decisions include:
- How we undertake our activities.
- Which health and care services we plan to look at.
- The amount of budget for our activities.
- Whether to make a formal request for information.
- Whether to make a report or a recommendation.
- Which premises to enter and view and when those premises are to be visited.
- Whether to refer a matter to an overview and scrutiny committee.
- Whether to report a matter concerning our activities to another person.
- Any decisions about subcontracting.
Relevant decisions do not include day to day administrative activity or other internal office functions that may be required to carry out exploratory work, priority assessments and/or identifying resources prior to making any of the above decisions. The Healthwatch Executive team have general authority to make certain operational and administrative decisions in accordance with their terms of employment and job description.
Decision Making Structure
The governance of our Healthwatch consists of a Provider Board of trustees, an Independent Strategic Advisory Body, and an Executive team; each of whom have different roles in the decisions making by Healthwatch:
Hull CVS & Meeting New Horizons Board of Trustees & Directors:
The Board of Trustee & Directors have overall responsibility for safe and effective delivery of Healthwatch against the requirements of the Contract with the Local Authority. The Board holds final accountability for all aspects of Healthwatch. The Board provides strategic leadership, promotes good governance and accountability on all contractual, legal and financial duties of Healthwatch.
Independent Strategic Advisory Body (ISAB):
The ISAB are a strategic partner to the Executive team, bringing added independent lay insight and overview regarding delivery of the annual strategic workplan and contributing to safeguarding the probity and transparency of Local Healthwatch.
Executive Team:
The Chief Executive, assisted by the Delivery Manager, undertakes the day-to-day running of Healthwatch and implements the workplan and annual research projects. In the majority of cases, day-to-day decisions will be taken by the executive and updates provided to the ISAB and Board. The executive will take most issues to the regular team meetings for discussion and agreement. The Chief Executive will refer issues to the ISAB and Board when:
- It is new work outside the agreed annual workplan that is significant enough to impact the plan.
- It has significant risk to the reputation, staff wellbeing or financial health of Healthwatch.
- If it challenges the agreed governance or decision-making structure.
- If the Executive feel involving the ISAB will add value.
Involving Members of the Public in Making Relevant Decisions
A key feature of our decision making procedure is involving members of the public to identify which health and social care issues or areas of interest to investigate. Healthwatch has in place a range of mechanisms to support people in doing this, including:
- Speaking to our community outreach team at local community events, meetings and workshops.
- Contacting our Information and Signposting service.
- Sharing views via our website and social media.
- Attending our annual Healthwatch forum.
- Sharing views when our Enter and View team visits services.
- Participating in Project Group /Workstreams/Focus groups.
- Attending our public ISAB meetings.
Healthwatch also invites local people to become subscribers to keep up-to-date with our work and to hear from us about opportunities to become involved in different workstreams as they arise.
A note about lay people and volunteers.
“Lay person” and “volunteer” are defined by regulations to reflect those people who wish to give their time to something they feel passionately about in order to influence change and service improvements. In this context, the definition of “volunteer” could include someone with a health and social care background giving their time freely, whereas the definition of a “lay person” is aimed at those without a professional health or social care background contributing their time. Thus, between them, the definitions of “lay person” and “volunteer” can apply to anyone who wishes to give up their time for local Healthwatch.
How We Prioritise Our Work
The role of Healthwatch has a number of requirements and activities it is asked to fulfil that have to be planned and resourced over the course of the year. These include statutory requirements, for example, producing and publishing an annual report each year; localised contractual requirements, for example, having to achieve a set number of reports or engagements; or partnership activities, for example providing comments on NHS Trust Quality Accounts. In addition, in order to fulfil some of our statutory roles, for example being a member of the Health & Wellbeing Board, resource also needs to be deployed to effectively contribute to and execute this role.
At the beginning of each year, the Healthwatch Executive team will formulate a plan for the year that incorporates each of these known requirements for the forthcoming year. The remainder of the workplan is then formulated by broad based information that is gathered over the course of the year from widespread engagement with service user groups, members of the public, the voluntary and community sector, Healthwatch Champions (volunteers) and local and national statutory organisations, in addition to observing information gathered from relevant national and local reports and media.
On a practical level, this information may be sourced via the following (non-exhausted) means:
- Issues raised by the public through the means discussed above.
- Information provided via Healthwatch Champions.
- Information gathered and shared by local voluntary and community sector (VCS) about local services and the experiences of their service users.
- Information gathered from health and social care providers and commissioners.
- Knowledge about strategies of local or national NHS and public health organisations.
- Knowledge about strategic partner workplans, such as the Health & Wellbeing Board, overview and Scrutiny Committee and Place Board.
- Local context and issues, such as large providers of services in special measures and the Joint Strategic Needs Assessment.
- National context and issues, such as the NHS Forward View or significant inquiries or findings.
Other aspects that may inform our workplan include:
- To assess improvements against recommendations following previous service reviews, either by Healthwatch or another body.
- To assess if there have been changes in patient experience following an implementation of a new service or a service change.
- To assess local service level in line with national standards/initiatives.
- To determine ‘best practice’ with a view to sharing this with all providers to encourage an overall raising of standards.
All information and knowledge is recorded, categorised and collated in to themes that are reported monthly. This information is then used by the Executive team and ISAB to determine and prioritise involvement by Healthwatch. An internal decision making matrix it utilised to inform this decision making and considers the following considerations:
- Levels of structured evidence available.
- Levels of unstructured evidence available.
- Extent of impact or added value Healthwatch can make.
- Extent issue is being addressed by another party.
- The issue fits with Healthwatch priorities or the priorities and timescales of other strategic local commissioners, providers and organisations.
- Number of people affected/potentially affected (for example, the issue impacts on a large number of people or has a very significant impact on a smaller number of people).
- The issue highlights gaps, such as gaps in service delivery or the voice of local people is not being considered.
- Likely impact on quality of life.
- Impact on equalities (eg the issue affects people who are less likely to be heard).
- Balance with existing Healthwatch activity and available capacity.
When faced with a number of competing issues, this tool helps highlight which should be a priority over another, and also quickly helps determine if Healthwatch can make an impact or would be creating duplication.
For additional circumstances that arise over the course of the year, the Executive team will utilise the tool and plan capacity accordingly with reviews held at the quarterly ISAB meetings. Such circumstances may include:
- Increased frequency or emergence of trends from the feedback Healthwatch receives.
- At the request from a Provider to observe and make suggestions regarding a particular matter giving concern internally.
- The issue has been raised and evidenced by a representative organisation with specialist knowledge of concerns or views of local people, such as the Care Quality Commission (CQC).
- To support other bodies to obtain patient experience information which they may not otherwise be able to obtain, or would benefit from an independent approach.
- At the request of Healthwatch England to support their campaigns.
- Following a sudden/unexpected emergence of a concern that potentially would benefit from independent scrutiny, eg media story, escalation to system partners, disproportionate number of complaints.
How We Communicate Our Decisions
A relevant decision will be recorded in the minutes or notes of the meeting at which the decision was made and published on the Healthwatch website. The note will reflect the reasons for the decision. Additionally, decisions will be included in the Executive update report to the ISAB.
Healthwatch conducts ISAB meetings in public at least twice a year, where anyone is welcome to attend as an observer. Additionally, Service users and members of the public are very welcome to write to the ISAB or Executive team to raise an issue or question. Any relevant decision will be reported at ISAB meetings and published in the minutes on Healthwatch website.
We also share key decisions using the following means:
- On social media platforms of Twitter and Facebook.
- In our newsletters.
- On our website.
- Relevant meetings attended.
- Direct email to relevant VCS or other stakeholders.
How Breaches Are Dealt With
Healthwatch is a learning organisation operating in a complex environment with inherent variability. In the event of a relevant decision being made outside of its appropriate decision making procedure the first step is for the Chief Executive to understand the context and circumstances of the breach to limit any risk to Healthwatch or its partners in the health and care system and to establish true cause and initiate appropriate steps to improve the procedure for the future. All breaches are reported to the Provider Board of trustees and for information purposes to the Independent Strategic Advisory Body. Likewise, if there has been a breach of procedure by the Independent Strategic Advisory Body, this will need to be considered by the Provider Trustee Board.
There may be times when an extraordinary and/or urgent event necessitates that this policy is knowingly breached because there is neither time to seek wider involvement in the decision, or the matter is too sensitive to do so. In this case the following action will be taken:
- As soon as anyone identifies a possible breach, they must report it to the Manager of Healthwatch who will immediately notify the CEO and in turn the Board of Trustees.
- The CEO will review whether or not a breach has occurred and will report to the Chair of the Board of Trustees in writing within 5 working days.
- If appropriate to do so they will notify the commissioning officer at the local authority once the assessment is complete and the report has been submitted to the Chair.
The CEO will prepare a written report for the Board of Trustees explaining:
- If a breach of the decision-making process has occurred.
- If so, the nature of the breach/breaches and what decision(s) was/were affected.
- What action is needed to either approve the decision retrospectively, or to reverse the decision.
- Any remedial action to prevent a reoccurrence in circumstances where a breach has occurred.