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Agenda item

IJB Scheme of Delegation

Minutes:

The Board had before it a report by Jess Anderson and Alan Thomson (Legal Services) which provided an outline of the delegations reserved to the IJB and which set out the Operational Protocol to the Chief Officer and Chief Finance Officer and to clarify the accountability considerations.

 

The report recommended:-

that the Board –

(a)          Approve the attached Scheme of Delegation;

(b)          Agree that the Scheme of Delegation be reviewed annually, or as and when required by officers; and

(c)          Note that the Chief Executive of Aberdeen City Council shall review the Council’s Scheme of Delegation and agree that she bring a further report to the IJB setting out the outcome of the review as it relates to the IJB.

 

Jess Anderson (Legal Manager, ACC) spoke to the report and advised that the revised scheme had been drafted with reference to the relevant legislation and orders, and with respect to the obligations and expressions as set out in the Integration Scheme. She noted that the Operational Protocol would set out the process for how the IJB would direct its partners to provide and deliver services, but explained that the IJB would not have the authority to delegate power to the Chief Officer as this power rested with the Council and NHS Grampian. Ms Anderson informed the Board that the Council was currently reviewing its Scheme of Delegation and that the Chief Executive would bring a further report to the Board setting out the outcome of the review in relation to the IJB. She also highlighted Section 3.2(e) of the scheme which made provision for the Chief Officer to commission external consultants on areas where there were conflict of interest concerns between the Council and the IJB.

 

Thereafter members enquired about the extent of co-ordination between Scottish IJBs on the development of their Schemes of Delegation, particularly as they were all likely to face similar legal challenges. Jess Anderson replied that a Local Authority lawyers group had been established which focussed on integration matters, and that the Society of Local Authority Chief Executives (SOLACE) had also been actively discussing these issues. The Board also requested that the Chief Officer raise this issue at the next Chief Officers meeting. Thereafter there were additional questions on the reporting relationship between the Chief Officer and the IJB’s partners; and how the Partnership requested and received guidance from the Scottish Government.

 

 

The Board resolved:-

(i)            to note the latest draft of the Scheme of Delegation and to defer further consideration of the Scheme to the Board’s next meeting on 30 August 2016;

(ii)          to request that revisions made to the Scheme of Delegation be highlighted using tracked changes;

(iii)         to note that the Chief Executive of Aberdeen City Council shall review the Council’s Scheme of Delegation and agree that she bring a further report to the IJB setting out the outcome of the review as it relates to the IJB;

(iv)         to request that the Chief Officer raise the development of IJB Schemes of Delegation at the next Chief Officers Group meeting; and

(v)          to agree that once approved, the Scheme of Delegation be reviewed annually, or as and when required by officers.

 

Supporting documents: