Item_7_Report_-_NHS_Constituton_Update by lanyuehua


									                                                           Board of Directors Meeting, 28 July 2011
                                                                                     Agenda Item 7


                                 Meeting on 28 July 2011

                            NHS Constitution Report 2011/12

1.    Purpose

1.1   To provide the Board with an annual update of the assessment of the NHS

2.    Background

2.1   The NHS Constitution for England was developed following Lord Darzi's review of the
      NHS, ‘High Quality Care for All’ and extensive consultation with patients and staff.

2.2   The Constitution enshrines and safeguards patient and staff expectations of and the
      core values of National Health Service and for patients includes;

         A right to makes choices about their care and to receive information to help
          exercise that choice. This includes choosing the hospital to receive care. This now
          links in to the NHS Transparency project.
         A new legal right to receive the vaccinations that the Joint Committee on
          Vaccination and Immunisation recommends that they should receive under an
          NHS-provided national immunisation programme.
         A right making explicit their entitlement to drugs and treatments that have been
          recommended by NICE for use in the NHS, if their doctor says they are clinically
          appropriate for you.
         A right to expect local decisions on funding of other drugs and treatments to be
          made rationally following a proper consideration of the evidence.
         Clear and comprehensive rights to complaint and redress.
         18 week referral to treatment entitlement

2.3   NHS Foundation Trusts are required by Monitor as part of the 2011/12 Compliance
      Framework to provide a Board statement certifying ongoing compliance with the NHS

3.    NHS Constitution assessment 2011/12

3.1   The 2010/11 NHS Constitution assessment contained thirty-six out of thirty-nine RAG
      rated green pledges. Three were amber. These were

         The NHS commits to provide convenient, easy access to services within waiting
          times set out in the Handbook to the NHS Constitution.
         The NHS commits to make the transition as smooth as possible when you are
          referred between services, and to include you in relevant discussions.
         You have the right to be treated with a professional standard of care, by
          appropriately qualified and experienced staff, in a properly approved or registered
          organisation that meets required levels of safety and quality.

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                                                           Board of Directors Meeting, 28 July 2011
                                                                                     Agenda Item 7

3.2   An amber rating for the access pledge was made last year as the Board was
      concerned about waiting times. However, the waiting times for mental health are
      excluded from the full NHS constitution (Page 49 NHS Constitution handbook) and
      the Trust now has more robust processes in place to manage waiting times. It is
      recommended this pledge is now rated green.

3.3   An amber rating for the transition pledge was made last year as the Trust did not have
      a transitional protocol with CAMHs services and signed SLAs in place with the Devon
      and Torbay acute Trusts. These are now agreed and in place and rated Green for this

3.4   An amber rating for the professional standard of care pledge was made due to the
      condition on the Trusts registration by the Care Quality Commission. This is now rated
      green since June 2011 when the last CQC report was issued on the essential
      standards of quality and safety of services provided by the Trust at Tiverton Hospital.

4.    Recommendation

4.1   Members of the Board are asked to receive and approve this report and assessment
      and to certify ongoing compliance with the NHS Constitution.

David Somerfield
Co-Medical Director

July 2011

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