Letter from Rosie Winterton MP, Minister
of State, Department of Health, to Mike Penning MP
I am writing to you following my appearance
at the Health Select Committee on 26 January. You asked whether
district and borough scrutiny committees could refer concerns
about facilities as well as the actual methodology to the Secretary
of State and specifically whether district councils could refer
to the Secretary of State separately of the county council. I
would like to clarify the answer I gave.
Firstly, overview and scrutiny committees (OSCs)
can refer decisions to the Secretary of State where they feel
the NHS has not consulted with them adequately or where they do
not believe the proposals for change are in the interests of the
health service or the local community.
Secondly, only local authorities with social
services responsibilities have the power to scrutinise local health
services and refer to the Secretary of State. This means that
in single tier authorities, unitary, metropolitan and London borough
councils have the power to refer to the Secretary of State. In
two tier authorities, the health OSC and referral power sits with
the county council not district and borough councils.
The health OSC of the county council can choose
to co-opt members of the overview and scrutiny committees of district
councils onto the OSC as full members. I understand this is the
case in Hertfordshire County Council where there are five district
councillors on the health OSC represented from some of the district
and borough councils in the area.
The health OSC of the county council can also
choose to delegate their scrutiny functions to a district council
committee to consider, for example, a particular local priority
that would be more effectively scrutinised at a district level
such as scrutiny of community services provided by a PCT that
is coterminous with a district council's boundaries.
I hope this clarifies the position for you and
that this reply is helpful.
9 February 2006
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