Candidate Brief Brief for the position of Non-Executive Director for February 2016 Contents Welcome from the Lead Governor Page 2 Welcome from the Chairman Page 3 Advert Page 4 Background Page 6 Governance Structure Page 8 Board of Directors Page 9 The Role Page 12 Application and Selection Process Page 13 Appendices Appendix A - Job Description Page 15 Appendix B - Person Specification Page 17 Appendix C - Terms and Conditions and Eligibility Page 18
56502 - Candidate Brief - February 2016 2 Welcome from Anne Medley, Lead Governor Thank you for your interest in the Non-Executive Director position at Airedale NHS Foundation Trust. The Trust is a highly successful organisation delivering a range of services to a widespread population. We are an award winning hospital with a good reputation for delivering high quality services and for working effectively with our partners. The patient is at the centre of all our decisions. The opportunity to join our well respected and successful Board of Directors comes at a time of intense scrutiny and change within the NHS set against a national backdrop of unprecedented financial challenge. As Governors, we are keen to see the Trust continue to develop its innovative approach to providing health care for patients in the most appropriate setting, maintaining the delivery of high quality care to all patients, listening to their feedback and engaging with partners including those who commission our services. This will be necessary to ensure continued and sustainable services across the wide geographical landscape that we serve. In joining Airedale you will share our passion for high quality services, be politically astute and demonstrate commitment to the Trust s vision. I wish you all the best in your application. Anne Medley Lead Governor
56502 - Candidate Brief - February 2016 3 Welcome from Michael Luger, Chairman Thank you for expressing interest in a Non-Executive Director position with the Airedale NHS Foundation Trust. This appointment comes at an exciting but challenging time for health and social care in England. To date, our Trust has performed well, and indeed, has been a national leader in some areas of application and performance. We have been successful in delivering across a wide geographical area spanning parts of West and North Yorkshire and East Lancashire. But continued progress requires further steps to transform the delivery model and introduce more innovation. To maintain our position as a strong and independent Foundation Trust we need to work with our partners to support a sustainable model of high-quality healthcare services into the future. Our vision is: To be the hospital chosen by the community for putting patients first, providing excellent, innovative and diverse services, delivering safe standards of care, all underpinned by the constant pursuit of efficiency." To deliver this vision we need to be nimble and proactive in responding to the significant changes facing the NHS whilst maintaining our focus and uncompromising approach to high-quality, safe services for all of our patients. You will be joining a proven and ambitious Board, open to new ideas and committed to the Trust s vision and united around a focus on the patient. I do hope that what you read in this pack provides you with a flavour of our organisation, achievements, vision and challenges. I look forward to meeting you during the appointment process. Yours sincerely Michael Luger Chairman
56502 - Candidate Brief - February 2016 4 Advert Up to Three Non-Executive Directors 12,750pa average 5 days per month (Flexible to include monthly Board meetings) Yorkshire Airedale NHS Foundation Trust is a highly successful and award winning hospital and community services trust with a workforce of 2,400 and 400 volunteers serving a population of over 200,000 people across West and North Yorkshire and East Lancashire. The Trust has a turnover of c 150million, is regulated by NHS Improvement and the CQC and is led by a proven Board of Directors. The Trust s vision To be the hospital chosen by the community for putting patients first, providing excellent, innovative and diverse services, delivering safe standards of care, all underpinned by the constant pursuit of efficiency is the focus for all our Board, working with our partners and stakeholders to ensure patient experience and population health is placed at the heart of every decision. We are seeking up to three outstanding and highly talented Non-Executive Directors to join the Board in a radically changing and evolving NHS landscape, within a financially challenged national economy. The Board is seeking to fill a Non-Executive vacancy as soon as possible, with two further appointments over the next nine months. You will thrive in an innovative environment with the opportunity to shape the future of healthcare services for our population ensuring we put patients first and deliver the right care every time. We are therefore keen to hear from individuals who have strong links to the diverse communities that we serve and can contribute to shaping our organisation s strategic direction, bringing a depth of understanding of their different and changing healthcare needs. The Roles: The successful candidate should: Be committed to the public service values and NHS ethos of accountability, probity, openness and equality of opportunity. Bring a depth of understanding of the different and changing healthcare needs to help shape Airedale Foundation Trust s strategic direction. Be able to network with, and influence, associated parties in the local and national health economy and with local authority/relevant political figures to ensure Airedale retains its position as a strong player in the region. Be committed to maintaining Airedale NHS Foundation Trust as a high performing, high quality hospital for the local population.
56502 - Candidate Brief - February 2016 5 The Candidates: Strategic thinker with strong intellect and political awareness coupled with the ability to network at a very senior level. Local knowledge and career experience to enable a highly informed contribution Team player with excellent interpersonal and communication skills, able to bring insight, challenge and support to the Board. Ability to understand and accept the legal duties and liabilities of the Non- Executive Director position. Essential Requirements: Post 1 clinician with senior level experience Post 2 qualified accountant or senior financial leader with recent financial management experience Post 3 corporate governance or legal practitioner with robust and sound experience Please see www.odgers.com/56502 for a Candidate Brief containing application details, or contact us quoting reference AMM/56502. More information about Airedale NHS Foundation Trust can be found at www.airedale-trust.nhs.uk Closing date for applications is 12 noon on Wednesday 9 March 2016. Odgers Berndtson, 10 South Parade, Leeds, LS1 5QS t 0113 386 8500
56502 - Candidate Brief - February 2016 6 Background Airedale NHS Foundation Trust is an award winning hospital and community services NHS trust, providing high quality, personalised healthcare for our patients. The Trust s expert, and committed staff provide a full range of emergency, planned and specialist care including high dependency and intensive care, cancer care, day case surgery, stroke and rehabilitation, maternity and paediatrics, older people s and community services for a population of over 200,000 people from a widespread area covering West and North Yorkshire and East Lancashire. The Trust was named as one of only eight trusts to improve its weekend mortality rates in the Dr Foster Good Hospital Guide in 2013. The Trust wants their local community to trust them to always provide 'Right Care'. The Trust want patients to be in control of their health and care and they want to be able to respond to their needs in a way that best suits them, when it is safe to do so. By putting patients at the heart of everything the Trust does, this enables patients to access compassionate, safe care, which helps keep them active and retains their dignity. In 'Right Care', patients have help to navigate them through a complex system by wrapping care around people rather than organisations and increasing the availability of care at home or closer to home. The Trust is serious about improving patient experience and safety and believes there is a clear link between providing patient focused, safe health care and delivering strong finances. Airedale is ambitious about its future and has already established an excellent reputation for innovative developments for example, providing telemedicine to a number of prisons and nursing homes. In support of this, the Annual Plan clearly states a series of key principles fundamental to the successful delivery of healthcare services appropriate to the needs of its local population in the years ahead. The key principles for Airedale are: Safety, quality, patient experience and staff engagement are at the centre of everything the organisation does. The need to be serious about efficiency and business control in order to be viable. Transforming care is critical to the delivery our strategy, through developing our existing services whilst also designing and delivering new ways of working, achieved by diversified models of care, both in and out of a hospital setting, using innovative care via telemedicine. Ensuring the care of the vulnerable, elderly, patients with dementia and those with nutrition needs are given priority focus. Ensuring a greater focus on clinical leadership, engagement and outcomes. Partnerships form a significant part of the design and delivery of our services. Ensuring the value of the Airedale brand is retained in the community and beyond. The requirement to adapt the size and shape of the workforce and estate in response to the updated service strategy.
56502 - Candidate Brief - February 2016 7 The Trust is regulated by Monitor, the Foundation Trust Regulator and the Care Quality Commission, responsible for standards of healthcare. Further information can be accessed via the following links to key documents on the Trust s website: Airedale NHS Foundation Trust Website Trust Newsletter Minutes of Board Meetings Annual Report 2014-15 Annual Record 2015 Quality Account 2014-15 And via links to the sites of our Regulators: Monitor Care Quality Commission
56502 - Candidate Brief - February 2016 8 Governance Structure The Board of Directors is responsible for the strategy and leadership of the Trust and for ensuring the operational delivery of its services, targets and performance. In addition, the Board is responsible for agreeing policy, monitoring the delivery of that policy, ensuring clinical quality and the financial viability of the Trust. The Board operates within the terms of the Constitution and Standing Orders governing the proceedings of Board meetings. Included in the Standing Orders are the Standing Financial Instructions, which detail the financial policies, responsibilities and procedures to be applied in the Trust. The Board of Directors is made up of six Executive Directors and seven Non-Executives including the Chairman. Short biographies of the members of the Board of Directors are included in the following section of this pack. The Trust is accountable to the Council of Governors for the proper use of the assets and resources at its disposal. The Council will ensure the Trust carries out its plans and influence how it develops in the future. It does this by meeting with the Board at formal Council to Board meetings to discuss the operational and strategic forward plans. The Council of Governors is there to represent its members, the public, the Trust s staff and the Trust s partners and make sure their views are heard. The Council of Governors is expected to reach out into local communities and encourage a wide and representative membership. The Council of Governors has 31 members: 19 public governors who are elected by public members 6 staff governors who are elected by staff members 6 stakeholder governors who are nominated by partner organisations of the Trust
56502 - Candidate Brief - February 2016 9 Board of Directors Michael Luger PhD. Econ. MA, BA (Hons) Chairman Michael formerly served as Dean of Manchester Business School for seven years, retiring from that post in December 2013. Before that he was a professor of public policy, business and planning at the University of North Carolina at Chapel Hill and taught economics at Duke University and the University of Maryland. Born in Pennsylvania, he has a PhD in economics from the University of California, Berkeley, and a first degree in architecture and town planning from Princeton University. In addition to university leadership roles, Michael has served on numerous public sector and not-for-profit boards, commissions, and task forces. He has worked as a professional planning officer in the USA and for the Greater London Council, as a consultant and advisor to national, state, regional and local governments throughout the world, and to major multi-national corporations. His expertise in public finance, infrastructure, and economic development has been used in the health care sector in both the USA and UK. Bridget Fletcher RGN, ONC, BA (Hons), MA Chief Executive Bridget was previously Chief Operating Officer/Chief Nurse and prior to this Director of Nursing for 5 years having joined Airedale in 2005. Before joining Airedale, Bridget was Assistant Director, Quality Assurance at The Royal Marsden NHS Foundation Trust. Prior to this she was at West Middlesex University Hospital NHS Trust and Salford Royal NHS Trust where she held a number of senior management roles with responsibility for acute health services and professional nursing services. Dr Karl Mainprize BA (Cantab), BChir, MB, FRCS, Medical Director Karl was appointed Medical Director in June 2014, having previously been Deputy Medical Director at York Hospitals NHS Foundation Trust. Prior to this he worked at Scarborough Hospital as Consultant Colorectal Surgeon for almost 10 years where he was instrumental in developing the first ever community endoscopy service. Having qualified in 1989 he spent his early career based at Oxford, Reading and London.
56502 - Candidate Brief - February 2016 10 Andrew Copley FCCA Director of Finance Andrew qualified as a Chartered Certified Accountant in 1996 and has nearly 20 years financial management experience. He joined Airedale in 2008 as Deputy Director of Finance from Calderdale and Huddersfield NHS Foundation Trust. Andrew initially trained as a radiographer at Pinderfields and Pontefract Hospital and later joined St Luke s Hospital in Bradford. Rob Dearden RN, RMN, MA Director of Nursing Rob joined Airedale from Calderdale and Huddersfield NHS Foundation Trust where he was Deputy Director of Nursing. Rob qualified as a Registered General Nurse in 1987 at Manchester Royal Infirmary and then as a Registered Mental Nurse at Wigan Infirmary in 1990. He later specialised in Care of Older People and Rehabilitation Medicine in Manchester, Wirral and Halifax. Stacey Hunter RN, BSc (Hons), MA Director of Operations Stacey was appointed Executive Director of Operations on 1 August 2015 having previously held the position as Associate Director from 2013. Stacey qualified as a nurse in 1990 and spent over 10 years in various nursing roles in Hull and Leeds prior to moving into general management in 2001. Since then Stacey has spent most of her career at Leeds Teaching Hospitals NHS Trust progressing from Clinical Services Manager to General Manager prior to joining Airedale in 2013. Her other professional roles have included Council Membership of the RCN from 2003 to 2011. Donald Drake LLB (Hons), ACIArb, Solicitor Independent Non-Executive Director and Deputy Chairman (retires July 2016) Ronald has over 35 years as a qualified solicitor since being admitted to the Roll in 1978. He retired as partner with a national legal practice in 2012 having worked previously in Birmingham, Bradford and for the last 25 years in Leeds. He has also been a part-time Employment Tribunal Judge since 1997, now sitting in Leeds. He has been a Non-Executive Director of a number of Arts and/or Disability Charities/Companies Limited by Guarantee from 1989 to 2010, none of which having any connection with NHS related bodies.
56502 - Candidate Brief - February 2016 11 Anne Gregory FCIPR, FHEA, BA (Hons), MAIE (Dip), PhD Senior Independent Non-Executive Director Anne is Professor of Corporate Communication at the Business School in Huddersfield and before joining the Board at Airedale, was a non-executive Director at South West Yorkshire NHS Partnership Trust, a large mental health organisation. Anne has worked extensively with the NHS having been attached to the Department of Health in 2011 and working on numerous health communication initiatives. She works closely with the UK Cabinet Office on a range of projects and is a Whitehall Departmental Reviewer for Communication. Anne is an internationally recognised academic and a past President of the Chartered Institute of Public Relations. Jeremy Cross ACA, BSc (Hons) Independent Non-Executive Director Jeremy was appointed to the Board as a Non-Executive Director in October 2014. Jeremy is a Chartered Accountant currently working as a self-employed consultant. Other roles include Non- Executive Director with Mansfield Building Society and Trustee for four Leeds based charities including Leeds City Credit Union. Jeremy s previous roles include Director of Personal Current Accounts with Halifax and Bank of Scotland. Prior to this he held various commercial and strategic senior roles within Asda and Boots. Jeremy is Chair of the Audit Committee. Sally Houghton Independent Non-Executive Director (retires May 2016) Sally was appointed Non-Executive Director in February 2006. Sally is a qualified accountant and has over twenty years experience in multi-national manufacturing and engineering companies, some of which at Finance Director level. She is currently employed at a local firm of solicitors on an accountancy basis. Sally is Chair of the Charitable Funds Sub-Committee. Shazad Sarwar Independent Non-Executive Director Shazad was appointed Non- Executive Director on 1 August 2015. Prior to joining Airedale he was a Non-Executive Director oat East Lancashire NHS Foundation Trust. Shazad is currently Chief Executive of Whitefield Youth Association a nationally recognised charity based in Pendle, and Director of Msingi Research Ltd. He formally held positions as Managing Director of a research and policy consultancy; independent member of Lancashire Police Authority and Advisory Director of Diversity at the Cultural Diversity Network. Shazad is Chair of the Clinical Quality Assurance Committee.
56502 - Candidate Brief - February 2016 12 The Role Introduction The Board of Directors at Airedale NHS Foundation Trust comprises six Executive Directors (EDs) and seven Non-Executive Directors (NEDs) including a Non-Executive Chairman. We are seeking up to three outstanding and highly talented Non-Executive Directors to join the Board in a radically changing and evolving NHS landscape, within a financially challenged national economy. It is envisaged that the appointments will be phased over 2016, enabling the current vacancy to be filled immediately, with further appointments to be made commencing in June 2016 and August 2016 in line with the Trust s succession plan. Background The Trust s vision To be the hospital chosen by the community for putting patients first, providing excellent, innovative and diverse services, delivering safe standards of care, all underpinned by the constant pursuit of efficiency will be the focus for the incoming Non-Executive Director, working with our partners and stakeholders to ensure patient experience and population health is placed at the heart of every decision. We are therefore keen to hear from individuals who have strong links to the diverse communities that we serve and can contribute to shaping our organisation s strategic direction, bringing a depth of understanding of their different and changing healthcare needs. A Job Description can be found at Appendix A, Person Specification at Appendix B and Terms and Conditions and Eligibility at Appendix C.
56502 - Candidate Brief - February 2016 13 Application and Selection Process All applications will be acknowledged, if you do not receive an acknowledgement email within 24 hours, please contact us. Closing date for applications is 12 noon on Wednesday 9 March 2015. Following this, an initial review of written applications will take place, after which a long list of successful candidates will be invited to a preliminary interview week commencing 21 and 28 March and 4 April (a longer period than is usual due to the short weeks over the Easter break). Following the shortlist meeting successful candidates will be invited to undergo further assessments and panel interviews on Monday 18 and Tuesday 19 April 2016. The appointment will be approved by the Council of Governors on Thursday 5 May 2016. Applications The preferred method of application is online via the Odgers Berndtson website: www.odgers.com/56502 If you are unable to apply through the website please submit the following information by email. Applications should be emailed to 56502@odgersberndtson.com Applications should include: A covering letter explaining why the appointment interests you, how you meet the appointment criteria and what you specifically would bring to the post. A Curriculum Vitae (CV) with education and professional qualifications and full employment history. It is also helpful to have daytime and evening telephone contact numbers and e-mail addresses, which will be used with discretion. The CV should include names and contact details of three referees. References will not be taken without applicant permission. All candidates are also requested to complete an Equal Opportunities Monitoring Form which will be available upon submission of your online application. If you submit your application via email you will receive the Equal Opportunities Monitoring Form via email link during the process. This will assist the Trust in monitoring their selection decisions to assess whether equality of opportunity is being achieved. The information you give us will be treated as confidential and is for monitoring purposes only; it will not form part of the application process.
56502 - Candidate Brief - February 2016 14 The successful applicant will be subject to Occupational Health and Disclosure and Barring Service checks and is subject to the Fit and Proper Persons Requirement (FPPR). All organisations regulated by the Care Quality Commission need to ensure that successful candidates meet the Fit and Proper Persons Requirement (Regulation 5, The Health and Social Care Act 2008 (Regulated Activities) Regulations Act. This means that the care provider must not appoint a director unless: The individual is of good character; The individual has the qualifications, competence, skills and experience which are necessary for the relevant office or position or the work for which they are employed; The individual is able by reason of their health, after reasonable adjustments are made, to properly perform tasks which are intrinsic to the office or position for which they are appointed or to the work for which they are employed; The individual has not been responsible for, been privy to, contributed to or facilitated any serious misconduct or mismanagement (whether lawful or not) in the course of carrying on a regulated activity or providing a service elsewhere which, if provided in England, would be a regulated activity; and None of the grounds of unfitness specified in Part 1 of Schedule 4 apply to the individual (e.g. bankruptcy, sequestration and insolvency, appearing on barred lists and being prohibited from holding directorships under other laws) Good character is measured by the criteria set out in Part 2 of Schedule 4 of the Regulations: Whether the person has been convicted in the UK of any offence or been convicted elsewhere of any offence which if committed in any part of the UK would constitute an offence; and Whether a person has been erased, removed, or struck off a register maintained by a regulator of a health or social work professional body. If you would like an informal discussion in confidence, please contact: Lucy Ramsbottom on 0161 498 3418 or Angela McDermottroe on 0113 386 8505 Odgers Berndtson February 2016
56502 - Candidate Brief - February 2016 15 Appendix A Job Description ACCOUNTABLE TO: Chairman Role Summary Strategy Establish clear objectives to deliver the agreed plans and strategy to meet the Terms of Authorisation and regularly review performance against those objectives; Ensure the long term sustainability of the Foundation Trust; Ensure the Board of Directors sets challenging objectives for improving performance; Ensure that strategies and actions approved by the Board of Directors are implemented effectively by the Chief Executive and senior management team; Ensure the effective implementation of Board of Director decisions by the Chief Executive and the senior management team; Hold the Chief Executive to account for the effective management and delivery of the organisations strategic aims and objectives; Provide vision to the Foundation Trust to capitalise on the freedoms it enjoys as a result of it status; Provide challenge on the strategic development of the Foundation Trust; Analyse and contribute positively to the strategic development of long term healthcare plans for the community; and Build and maintain close relationships between the Foundation Trusts constituencies and stakeholder groups to promote the effective operation of the Trusts objectives. Compliance Ensure that the Foundation Trust complies with its Terms of Authorisation, the Constitution and any other applicable legislation and regulations; Ensure mandatory services and retained protected property as defined in the Terms of Authorisation are maintained; Appoint the Chief Executive and Executive Directors; Uphold the values of the Foundation Trust by example, and to ensure that the organisation promotes equality and diversity for all its patients, staff and other stakeholders; With the assistance of the Trust Secretary, promote the highest standards of corporate and clinical governance in compliance with the NHS Foundation Trust Code of Governance and other regulatory requirements and best practice, where appropriate;
56502 - Candidate Brief - February 2016 16 Ensure the pledges and principles set out in the NHS Constitution are supported by the Foundation Trust; Ensure the Trust s financial viability, using resources effectively, controlling and reporting on financial affairs in accordance with the requirements set out by the Independent Regulator of Foundation Trusts (Monitor) is maintained; Ensure the best use of financial and other resources in order to maximise effective treatment to patients; Ensure that financial controls and systems of risk management are robust and that the Board is kept fully informed through timely and relevant information; Ensure the Foundation Trust meets its commitment to patients and targets for treatment, and establish and maintain the highest standards of clinical and environmental hygiene to assure robust infection controls standards; Uphold the highest standards of integrity and probity, adhering to the Nolan Principles 1 ; Promote the equality of opportunity and human rights in the treatment of all staff and patients; Ensure the Foundation Trust promotes equality and diversity for all its patients, staff and other stakeholders; Safeguard the good name and reputation of the Trust; and With the Board, act as Corporate Trustee of the Airedale Charitable Funds. Board Activities Participate fully in the work of the Board, ensuring the corporate responsibility of the Board of Directors; Attend and possibly chair, committees and other ad hoc meetings of the main Board of Directors; Work corporately with the Non-Executive and Executive Directors of the Foundation Trust; Liaise and co-operate with the Council of Governors, and having due regard of the opinions, as appropriate; Participate in any Board induction, training and evaluation identified as an individual or as part of the Board or Board sub-committee; Work with the Senior Independent Director on the annual performance evaluation of the Chair, in line with the process agreed by the Council of Governors and reporting back to the Council of Governors appropriately; and Undergo an individual and Board performance appraisal, and attending any additional training highlighted as a result of the evaluation process. 1 The Seven Principles of Public Life include: selflessness, integrity, objectivity, openness, honesty, and leadership. Further information about the Nolan Committee and its findings can be found at https://www.gov.uk/government/publications/the-7-principles-of-public-life/the-7-principles-of-public-life--2
56502 - Candidate Brief - February 2016 17 Appendix B Person specification We are seeking candidates with the knowledge and career experience that equips them to make a highly informed contribution to Board debate about healthcare strategy and delivery. Candidates will ideally be drawn from a direct career involvement in healthcare, in either the public or private sector. We are also interested in candidates with substantial experience in the application of good corporate governance, risk management and/or accounting and financial management, in either the public, private or third sector. Experience of large-scale change management would be an advantage. Ideally, candidates will have local knowledge and networks in the local health economy of Bradford, Airedale, Wharfedale, Craven and East Lancashire region, although this is not essential. A high standard of the usual Board personal skills is an essential requirement. The successful candidate also needs to: Be committed to the public service values and NHS ethos of accountability, probity, openness and equality of opportunity. Be commercially aware, notably given the prevailing and anticipated transformational change requirements in the NHS and political landscapes. Be able to network with, and influence, associated parties in the local and national health economy and with local authority/relevant political figures to ensure Airedale retains its position as a strong player in the region. Be committed to maintaining Airedale NHS Foundation Trust as a high performing, high quality hospital for the local population. Have the ability to understand and accept the legal duties and liabilities of the Non-Executive Director position. Qualify to be a member of the Airedale NHS Foundation Trust. It is expected that the time commitment will be 5 day per month on average, although this could be more if business dictates. Before commencing, having a working knowledge of how the NHS actually operates is desirable. Applicants for the vacancy to which this brief relates should meet the eligibility criteria to be a director. A copy of the self-declaration that the successful candidate will be required to sign is available on request. Ideally candidates should live within the Airedale catchment and use Airedale as their first choice hospital.
56502 - Candidate Brief - February 2016 18 Appendix C Terms and Conditions and Eligibility Remuneration: 12,750 per annum Time commitment: Approximately 5 days per month (or more if business dictates) The appointment will be for an initial term of three years and is subject to the Trust s Constitution. Continuation of the contract of appointment is also contingent on satisfactory performance and any relevant statutory provisions relating to the removal of a Director. Any term renewal is subject to review by the Appointments and Remuneration Committee and approved by the Council of Governors. Notwithstanding any mutual expectation, there is no right to re-nomination by the Council of Governors either annually or after any three year period. Qualification A person may be appointed as a Non-Executive Director only if: He or she is a member of the Public Constituency, or Where any of the Trust s hospitals includes a medical or dental school provided by a university, he or she exercises functions for the purposes of that university, and He or she is not disqualified by virtue of the Trust s Constitution. The Independence Criteria states that the Non-Executive Director on appointment for each and every term of office must: Not have been an employee of the Trust within the last five years; Not have any close family tie with any director, senior employee or professional advisor to the Trust; Not have any significant business link with any other director of the Trust including through any involvement in any company or body; or Disqualification The following may not become a member of the Board of Directors: A person who has been adjudged bankrupt or whose estate has been sequestrated and (in either case) has not been discharged; A person who has made a composition or arrangement with, or granted a Trust deed for, his or her creditors and has not been discharged in respect of it; A person who within the preceding five years has been convicted of any offence if a sentence of imprisonment (whether suspended or not) for a period of not less than three months (without the option of a fine) was imposed on him or her; A person who is a member of the Council of Governors;
56502 - Candidate Brief - February 2016 19 A person who is the spouse, partner, parent or child of a member of the Board of Directors (including the Chair) of the Trust; A person who is a member of a local authority s Overview and Scrutiny Committee covering health matters; A person who is the subject of a disqualification order made under the Company Directors Disqualification Act 1986; A person whose tenure of office as a chair or as an officer or director of a health service body has been terminated on the grounds that their appointment is not in the interests of the health service, for non-attendance at meetings, or for nondisclosure of a pecuniary interest; A person who has within the preceding five years been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body; On the basis of disclosures obtained through an application to the Criminal Records Bureau, they are not considered suitable by the Chairman on the advice of the Trust s director responsible for human resources; They are a person who has had his or her name removed or been suspended from any practicing list by a direction under any applicable legislation or who has otherwise been suspended or disqualified from any healthcare profession, and has not subsequently had his or her name included in such a list or had his or her suspension lifted or qualification reinstated; A person who does not meet the requirements of the fit and proper person test as defined by the Trust s provider licence, the Health and Social Care Act 2012 (Regulated Activities) Regulations ( the Regulated Activities Regulations ) and the Trust s Constitution. They have within the preceding five years been: Made subject to a Hospital Order under section 37 of the MHA whether or not subject to restrictions under section 41; Made subject to an interim Hospital Order under section 38 of the MHA; Made subject to a transfer direction under section 48 of the MHA whether or not subject to restrictions under section 49; and/or Made subject to an order under the Criminal Procedure (Insanity) Act 1964 as amended; They have previously been or are currently subject to a sex offender order and/or required to register under the Sexual Offences Act 2003 or have committed a sexual offence prior to the requirement to register under current legislation.