Reinventing FTs and creating IHOs: autonomy, accountability and flexibility
Councils of governors
The plan states it will remove the requirement for FTs to have governors, which will require the removal of councils of governors' statutory powers via primary legislation. This has been suggested without a clear plan or communicated timescales, and as a result has presented a practical challenge for governors and FT boards, which must continue to govern together while councils' future remains unclear.
There is an urgent need for clarity around this. It is a key issue concerning FT boards and, naturally, their councils.
We need to push for clear language on this issue - 'not being required' to have councils will likely lead to discussions along the lines of 'you could have one, so you're choosing not to'...
...Clarity on the governance arrangements… and foundation trusts having liberty to determine the most appropriate ways of engaging etc., would be welcomed.
Clarification of government’s intentions and of timescales is needed so FTs have enough information to be able to consult, communicate and discuss any transition arrangements with governors. This would be appropriate given their voluntary contribution and commitment to the NHS.
There is growing anxiety from some governors on their future roles. There is a risk that, during the transition, we see the oversight by governors weaken because: (1) they expect their roles to disappear or (2) governor recruitment becomes harder...
...Clarity will be welcome to ensure that boards in current old FTs do not end up being overseen, at least in the near-term, by disengaged or unruly councils of governors.
The 10YHP's proposals around governors are a challenge for FT governance: as described earlier, the plan overlooks council of governors' integral role in an FT, including making board appointments, bringing local accountability, and as a check and balance on provider boards, with powers that enable them to represent the interests of the wider public through the membership model. In the absence of governors, there are a range of options for independently making board appointments, ensuring local accountability and that the public interest is represented in new FTs. It is important that these options are carefully considered, with the aim of achieving a robust new governance framework that supports FT autonomy, in line with the aims of the 10YHP.