Health Services Independent Review Body (IRB) Appointments Commission

Summary

The request sought correspondence between the Appointments Commission and the Department of Health and Social Care regarding the Independent Review Bodies from January 2020 onwards. The authority disclosed email chains and a draft letter detailing recruitment difficulties and potential legislative changes, though the outcome was marked as partially exempt.

Key Facts

• The Social Services Independent Review Body (SSIRB) was established under Section 26 of the Social Services Act 2011.
• Appointments to the SSIRB made in 2014 expired in November 2019.
• Recruitment for the SSIRB in August 2019 yielded only one application, requiring a second advertisement.
• The Appointments Commission is responsible for appointing the SSIRB Chair and members, but not the Health Service Independent Review Body.
• The Department of Health and Social Care is considering combining the Health and Social Services Independent Review Bodies, which would require new primary legislation.

Data Disclosed

• 25th February 2020
• January 2020
• 2014
• November 2019
• August 2019
• 23 June 2020
• 22 July 2020
• 24 July 2020
• Section 26
• Social Services Act 2011
• one application
• 2 panel members

Original Request

Appointment Commission minutes dated 25th February 2020 , para f, state "Health Services Independent Review Body/Social Services Independent Review Body - Following the appointment of a new Chief Executive to the Department of Health and Social Care the Commission determined to write to them to investigate the intention of the Independent Review Bodies". Please can you provide further information, if possible a copy of the correspondence between the Appointments Commission and DHSC regarding the IRB from January 2020 to date.

Data Tables (1)

Full Response Text

1 Grose, Nicola (DHSC) Subject: FW: Social Services Independent Review Body Attachments: DRAFT - Letter to Chair of Appointments Commission.docx

From: Grose, Nicola
Sent: 24 July 2020 15:51 To: Magson, Kathryn Subject: FW: Social Services Independent Review Body
  Hi Kathryn

The below email is for you consideration.

Please can you review and advise me how to respond please.

Thanks Nic

Nicola Grose  Executive Assistant to the Interim Chief Executive Department of Health & Social Care    Tel: (01624) 687585   

From: Hooson-Owen, Kate (Courts)
Sent: 22 July 2020 14:13 To: Grose, Nicola Subject: RE: Social Services Independent Review Body
  Many thanks Nic. It would be much appreciated.    Kate     From: Grose, Nicola
Sent: 22 July 2020 14:10 To: Hooson-Owen, Kate (Courts) Subject: RE: Social Services Independent Review Body
  Hi Kate

Kathryn is back from annual leave on Monday so I will bring this to her attention then if that’s ok.

The automatic response email response on her email account has been removed now as we move back toward BAU.

Many thanks Nic

Nicola Grose  Executive Assistant to the Interim Chief Executive Department of Health & Social Care  2   Tel: (01624) 687585   

From: Hooson-Owen, Kate (Courts)
Sent: 22 July 2020 11:30 To: Grose, Nicola Subject: FW: Social Services Independent Review Body
  Hi Nicola     I sent an email to the Interim Chief Executive on the 23 June 2020 and received an automated response.    I appreciate due to Covid that there are pressing matters that must be attended to. I wondered however if you are  able to assist with the query or if you were able to forward the below to another relevant member?    I look forward to hearing from you.    Kind regards    Kate       Kate Hooson‐Owen  Secretary to the Appointments Commission    Probate & Tribunals Section  Murray House, Mount Havelock  Douglas, Isle of Man, IM1 2SF  Tel: +44 (0)1624 687562 |Email: kate.hooson‐owen@courts.im     Office Opening Hours: Monday to Thursday 9:30 to 16:30 (16:00 Friday)        Postal address   Probate & Tribunals Section, Isle of Man Courts of Justice, Deemsters Walk, Bucks Road, Douglas, Isle of Man. IM1  3AR    Please consider the environment ‐ don't print this e‐mail unless you really need to.            3     From: Hooson-Owen, Kate (Courts)
Sent: 23 June 2020 13:38 To: Magson, Kathryn Subject: Social Services Independent Review Body
  Sent on behalf of Mr Alan Teare (Chair of Appointments Commission)

Dear Ms Magson

Re: Social Services Independent Review Body (SSIRB)

I write on behalf of the Appointments Commission regarding the above.

The SSIRB was set up under Section 26 of the Social Services Act 2011 with the Appointments Commission having responsibility for appointing the Chair and members.

The first appointments were made in 2014, but only after two attempts to attract applications in response to advertising in the local press/job centre had been unsuccessful. The Commission invited expressions of interest from members of Tribunals who had already been interviewed for appointment, and from the responses was able to fill all the positions.

Those appointments expired in November 2019, and in anticipation of this the Commission advertised the positions in August.

Unfortunately, there was a very limited response and only one application was received. After consulting with the then Acting CEO of the Department of Health and Social Care the vacancies were advertised again resulting in appointments to the position of Chair and one panel member.

The constitution of the Review Body as set out in the legislation comprises the Chair and 2 panel members. Clearly it would not be possible to convene the Review Body at this time, should it be necessary.

The Commission is aware that consideration has been given by the DHSC to combining the Health Service and Social Services Independent Review Bodies which would require new primary legislation. Appointments to the Health Service Independent Review Body are not made by the Appointments Commission.

The Commission would welcome any information you are able to share regarding the progress, or otherwise, towards implementing this proposal, including anticipated timescales.

In the meantime, the Commission would be grateful if you would advise on how you wish it to proceed in relation to the vacancies for the SSIRB.

Yours sincerely

Alan Teare Chair of Appointments Commission
      Probate & Tribunals Section  Murray House, Mount Havelock  Douglas, Isle of Man, IM1 2SF  Tel: +44 (0)1624 687562 |Email: kate.hooson‐owen@courts.im     4 Office Opening Hours: Monday to Thursday 9:30 to 16:30 (16:00 Friday)        Postal address   Probate & Tribunals Section, Isle of Man Courts of Justice, Deemsters Walk, Bucks Road, Douglas, Isle of Man. IM1  3AR    Please consider the environment ‐ don't print this e‐mail unless you really need to.

Our Ref: KEM/ng

11th August 2020

Mr Alan Teare Chair of Appointments Commission

kate.hooson-owen@courts.im

Dear Mr Teare,

Thank you for your email of 23rd June. My apologies for the delay in responding, but we have in the last month just getting back to normality after the intense period of activity around COVID on the Island.

During the last few weeks, I have discussed with others the actions referred to in your email regarding the IRB other than the need to consider the roles in the transformation programme and the necessary legislation change in the NHS Bill, there has been no further discussions to date and certainly no formal paper to the department board.

However, the Minister, department members and I have discussed the issues and I have agreed to meet with the two IRB chairs to discuss next steps in the interim with them, amongst a number of other matters in relation to the work that they do. An option that we have discussed internally working within the current legislation is whether the two boards could meet collectively. This may however not be possible.

I will be back in touch after this meeting to update further.

Thank you for your assistance.

Yours sincerely

Ms Kathryn Magson Interim Chief Executive
Department of Health and Social Care

Cc: Karen Malone, Deputy Chief Executive David Ashford, Minister for Health & Social Care
Office of the Chief Executive Department of Health and Social Care HQ Crookall House, Demesne Road Douglas, Isle of Man IM1 3QA

Telephone (01624) 687585 E-Mail nicola.grose@gov.im

Karen   Karen Malone Interim Deputy CEO (Governance) Department of Health & Social Care | Isle of Man Government Crookall House, Demesne Road, Douglas, Isle of Man, IM1 3QA Email: Karen.malone@gov.im Direct Tel: 01624 642248       From: Hooson-Owen, Kate (Courts) Kate.Hooson-Owen@courts.im Sent: 23 March 2021 10:37 To: Grose, Nicola Nicola.Grose@gov.im Subject: Social Services Independent Review Body   Hi Nicola   I hope you are managing to keep safe and well.   I am contacting you on behalf of the Commission to ask you to speak to Ms Magson about the recent update in Tynwald regarding the National Health and Care Services Reform Bill in 2021 and Manx Care.   The Commission would like to know if the Department of Health and Social Care would like the Appointments Commission to re-appointment members of the Social Services Independent Review Body.  If it does could you please provide me with a copy of the regulations?   I look forward to hearing from you at your earliest convenience. The Appointments Commission next meets on Tuesday 30 March.  It would be much appreciated if you could provide me with an update before then.   Kind regards   Kate     Kate Hooson-Owen Executive Support to Appointments Commission   Probate & Tribunals Section Murray House, Mount Havelock Douglas, Isle of Man, IM1 2SF Tel: +44 (0)1624 687562 |Email: kate.hooson-owen@courts.im   Office Opening Hours: Monday to Thursday 9:30 to 16:30 (16:00 Friday)     Postal address Probate & Tribunals Section, Isle of Man Courts of Justice, Deemsters Walk, Bucks Road, Douglas, Isle of Man. IM1 3AR    Please consider the environment - don't print this e-mail unless you really need to.

1 From: Hooson-Owen, Kate (Courts) Sent: 26 August 2020 14:33 To: Magson, Kathryn; Grose, Nicola Cc: Malone, Karen (DHSC); Ashford, David (MHK) Subject: FW: Letter from the Dept of Health & Social Care Attachments: 20200811 - Letter to Chair of Appointments Commission.pdf Sent on behalf of Mr Alan Teare, Chair    Dear Ms Magson    Thank you for your letter dated 11th August 2020.     The Appointments Commission appointed a new Chair for the Social Services Independent Review Body in February  2020 if you require contact information for the individual please don’t hesitate to contact me to enable you to meet  to discuss the next steps.    The Appointments Commission does not intend to continue with any further appointments until it hears from you  again.    Yours sincerely     Mr Alan Teare   Chair  Appointments Commission     From: Grose, Nicola
Sent: 11 August 2020 10:29 To: Hooson-Owen, Kate (Courts) Cc: Malone, Karen (DHSC); Ashford, David (MHK) Subject: Letter from the Dept of Health & Social Care   Hi Kate,

Please can you pass the attached letter onto Mr Teare?

Many thanks Nicola

.........................................................................................    Nicola Grose  Executive Assistant to the Interim Chief Executive    Department of Health and Social Care  Chief Executive’s Office  Crookall House  Demesne Road  Douglas  Isle of Man  IM1 3QA     2 Tel: (01624) 687585    Email: nicola.grose@gov.im  Website: www.gov.im/health      WARNING: This email message and any files transmitted with it are confidential and may be subject to legal privilege. You must not copy or deliver it to any other person or use the contents in any unauthorised manner without the express permission of the sender. If you are not the intended addressee of this e-mail, please delete it and notify the sender as soon as possible.   Please consider the environment. Do not print off this e‐mail unless absolutely necessary – thank you.

Interim Chief Executive: Karen Malone Freedom of Information Team First Floor Belgravia House Douglas Isle of Man IM1 1AE

Our ref: 2185901 7 February 2022

Dear ###

We write further to your request which was received on 11 January 2022 and which states:

"Appointment Commission minutes dated 25th February 2020 , para f, state "Health Services Independent Review Body/Social Services Independent Review Body - Following the appointment of a new Chief Executive to the Department of Health and Social Care the Commission determined to write to them to investigate the intention of the Independent Review Bodies". Please can you provide further information, if possible a copy of the correspondence between the Appointments Commission and DHSC regarding the IRB from January 2020 to date."

Our response to your request is as follows: I have enclosed copies of the information that is being released to you. While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. To provide advice and assistance, some of the information that you have requested is available on the Freedom of Information responses website here https://services.gov.im/freedom-of-information/search the request is titled Health Services Independent Review Body (IRB) Appointments Commission submitted on 11 January 2022.

Please quote the reference number 2185901 in any future communications.

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