Meeting: Board of Directors meeting to be held on 25 June 2013 Minutes of the Board of Directors meeting held on 28 May 2013 Agenda Item No 5

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MINUTES OF THE PUBLIC MEETING OF THE BOARD OF DIRECTORS HELD ON TUESDAY, 28 MAY AT 10.00 AM IN THE BOARD ROOM THE JAMES COOK UNIVERSITY HOSPITAL MARTON ROAD MIDDLESBROUGH PRESENT: Ms D Jenkins - Trust Chairman Professor P Hart - Chief Executive Mr D Kirby - Vice Chairman Mr H Lang - Non-Executive Director Mrs J Moulton - Director of Planning Mr C Newton - Director of Finance Mrs P Singleton - Senior Independent Director/NED Mrs A Sutcliffe - Acting Director of Nursing & Patient Safety Councillor B Thompson - Non-Executive Director Ms H Wallace - Non-Executive Director Mrs S Watson - Director of Operational Services Professor R Wilson - Medical Director IN ATTENDANCE: Mr Barry - member of public Dr S Baxter - Chair of SMSF Mrs M Blakey - Corporate Affairs Manager Mrs J Dewar - Director of IT & Health Records Mrs K Elliott - Senior nurse surgery item 4 Dr Franke - member of public/specialist registrar Ms R James - Deputy Director of Quality Assurance Mrs R Holt - Director of Nursing & QA designate Mrs W Larry - Staff Side Chairman (UNISON) Mrs A Marksby - Communications Lead Mrs S Morter - Specialist nurse breast item 4 Mrs C Parnell - Company Secretary/Exec Asst to CEO Mr J Round - member of public Mr B Simpson - Financial Services Mgr item 9.1 Mr J Smith - Non-Executive Director Designate Mr A Thacker - Deputy Director of Human Resources Mrs S Warren - specialist nurse breast item 4 Mrs S Walker - Evening Gazette reporter 1

The Board welcomed Mr Smith who had recently been appointed as a non-executive director. 1 APOLOGIES FOR ABSENCE Apologies for absence were received from Mr Harrison, director of human resources. 2 DECLARATIONS OF INTEREST Councillor Thompson expressed an interest on any issues relating to Middlesbrough Borough Council. 2.1 ANNUAL DECLARATIONS OF INTERESTS 2012/2013 The Chairman presented the Annual Board Declarations of Interests for 2012/2013. Members were advised that any personal changes should be forwarded to Mrs Parnell. Action: Board of Directors 3 QUESTIONS FROM THE PUBLIC Mr Barry enquired what provision the trust had in terms of the emergency preparedness. Mrs Watson responded that the trust had protocols in place should there be an occurrence. 4 PATIENT EXPERIENCE STORY Mrs Sutcliffe introduced Mrs Morter, Mrs Warren and Mrs Elliott who provided the Board with a very positive patient experience story relating to nursing and the work of the specialist breast care nurses. In particular they drew the Board s attention to feedback from the patient s family on the tremendous work of the outreach service which had been running for over a year. Mrs Morter and Mrs Warren responded to questions from members on the average numbers of patients seen each year; links with divisions across the trust and future plans to make the outreach service available with seven day cover. At present the outreach service is available from The James Cook site only. In addition, the Board congratulated Sue Warren who had recently won the Matrons Award at the trust s Nightingale Awards. Mrs Sutcliffe advised the Board of feedback from a patient who highlighted the excellent care her son had received from staff in A&E, stating that the department had been exceptionally busy and some people, who appeared to be drunk, had become abusive and very unpleasant to staff, including reception staff. The lady commended the staff who had dealt with the situation in a very professional manner and wanted to point out to the Board how dedicated the staff were. It was suggested that it would be helpful if colleagues from the local newspaper could highlight the pressure the A&E is often under and remind people of appropriate alternatives to A&E. Decision: 2013/May/No 1 (i) Noted the information and congratulated the team on their work. 2

5 MINUTES OF THE PREVIOUS MEETING HELD ON 30 APRIL 2013 The Minutes of the meeting held on 30 April 2013 were accepted as an accurate record of proceedings. Decision: 2013/May/No 2 (i) Approved the minutes of 30 April 2013. 6 MATTERS ARISING/ACTIONS There were no matters arising from the minutes and all actions had been completed. 7 CHIEF EXECUTIVE S REPORT Professor Hart went through the report in detail and highlighted the following key performance challenges and achievements of the organisation. (i) (ii) (iii) (iv) (v) (vi) 40 Top hospitals Nightingale Awards CQC visits Resolution Health Centre Raising awareness of clinical research Guisborough Primary Care Hospital Appointments. She drew attention to item (i) and was delighted that the trust had been named as one of the CHKS 40 Top Hospitals for the thirteenth year running which was a tremendous achievement since the trust was also one of only three in the country to have won the award every year since introduction of the awards in 2001. Referring to item (ii) above, Professor Hart stated that the Nightingale Awards was an excellent day not only for staff but also the trust. Referring to item (iii) above, Professor Hart stated that she had today received a very positive report from the CQC following their visit to the Resolution Health Centre on 11 May 2013. As minuted last month, Professor Hart formally welcomed Mrs Holt to the meeting. Decision: 2013/May/No 3 (i) Noted the report. 8 QUALITY OF CARE AND PATIENT SAFETY 8.1 PERFORMANCE REPORT FOR APRIL 2013 Mrs Watson presented the report and went through the information in detail. She drew the Board s attention to the following key issues:- In general, the report represented good news in terms of performance for the trust. Mrs Watson reported that all the 18 week targets had been achieved at trust level with the exception of the admitted pathway target. A number of specialties failed to 3

meet the required standard in the final quarter and there would be significant challenges this year to address the backlog of patients who had been waiting longer than 18 weeks. Decision: 2013/May/No 4 (i) Noted the report. 8.2 HEALTH AND WELLBEING BOARDS (H&WB) PROGRESS REPORT Mrs Watson stated that the purpose of the report was to provide members with an update on the developments of the local health and wellbeing boards. She went through the report in detail. The report set out the strategies which had been published by the Middlesbrough, Redcar and Cleveland, North Yorkshire and Stockton health and wellbeing boards and identified a number of emerging themes. The Board was asked to consider the six recommendations and Mrs Watson sought the Board s support in principle in relation to the recommendations namely:- (i) note the continuing development of the health and wellbeing boards together with local Health watch. (ii) note the publication of the strategies for all the local health and wellbeing boards. (iii) consider whether the trust needs to do further work to ensure its strategy is sufficiently aligned to the strategies of the H&WBs. (iv) consider whether there is further work the trust should do as a large employer in this area. (v) give support in principle for an application to participate in the national integration pioneer programme. (vi) note the potential implications for welfare reform and reducing resources in local councils. Mrs Watson responded to questions in relation to 19 integration pilot schemes/nhs QI; Eclipse and LiNKs; and strengthening links with North Yorkshire. The Board welcomed the various initiatives/programmes and a programme associated with vocational training schemes for the unemployed in terms of gaining work experience to help in the community which has been found to be successful. Decision: 2013/May/No 5 (i) Noted the report and agreed in principle to the six recommendations as set out in the report. 8.3 INCREASING CAPACITY ON THE JCUH SITE AND BED ALLOCATION Mrs Watson stated that following previous discussion by the Board she wished to provide members with an update on discussions which had taken place over the past few months regarding capacity on the JCUH site and to make recommendations on how this key issue could be addressed. She provided an overview and analysis of the predicted activity levels which identified that the JCUH site was short of physical bed capacity and some supporting workforce infrastructure to respond to the growth in non-elective demand that had been seen over the past two years and in particular through the winter of 2012/2013. 4

In an effort to increase capacity on the JCUH site, and following discussions with the trust s management group, the Board was asked to consider and agree to a series of recommendations namely:- (i) the appointment of 4 additional acute consultant physicians. (ii) the opening of 28 beds on Ward 10 to be allocated as an acute medical ward. (iii) the opening of additional bed capacity on Wards 5, 14, SDU, 34, 35 and 36. (iv) the extension of emergency theatre time. and To note that further work on the winter plan be presented to the Board over the next 2-3 months. Action: Mrs Watson Mrs Watson responded to questions in relation to financial implications for 2013/2014 raised by Mr Kirby who said that within the Monitor draft plan there was provision of 4.2M for costs but in paragraph 5 of the report there was no provision for additional income although the trust was providing more beds. Mrs Watson said that there was a question on where we do the elective programme and that the trust was working with partner organisations on how that could be achieved. The trust had originally planned to have all the beds available at the beginning of June but this is more likely (due to the recruitment challenges) to be late September/early October 2013 unless we can do anything radically different. Mrs Watson agreed with Mr Kirby that whilst the trust might not achieve full additional income from the additional beds this initiative would help protect against loss of elective programme income. Ms Jenkins enquired whether there was any way the recruitment process could be escalated and speeded up to which Mr Thacker responded that a local recruitment campaign was planned using social media. Members welcomed the report and the Board further discussed key issues on discharge arrangements; front of house services/pressures; seven day working; national initiatives; elective income assumption; efficiency and cost savings and the need to look for radical solutions; and nursing and medical staff recruitment. Following lengthy discussion the Board agreed to support the recommendations contained in the report. Decision: 2013/May/No 6 (i) Agreed to the appointment of 4 additional acute consultant physicians. (ii) Agreed to the opening of 28 beds on Ward 10 to be allocated as an acute medical ward. (iii) Agreed to additional bed capacity on Wards 5, 14, SDU, 34, 35 and 36. (iv) Agreed to the extension of emergency theatre time. (v) Noted that further work on the winter plan would be presented to the Board over the next 2-3 months. 9 BUSINESS SUSTAINABILITY 9.1a GOING CONCERN 2012/2013 Mr Newton supported by Mr Simpson, went through the Going Concern 2012/2013 statement. Following a review of a range of evidence including internal and external financial reports and dialogue with Monitor, there were no significant doubts about the trust s ability to continue as a going concern that required disclosure. 5

Decision: 2013/May/No 7 (i) Agreed to adopt the Going Concern statement for 2012/2013. 9.1b REVIEW OF ANNUAL FINANCIAL STATEMENTS 1 APRIL 2012 TO 31 MARCH 2013 Mr Newton and Mr Simpson went through the Review of Annual Financial Statements for 1 April 2012 31 March 2013 which the Board was asked to receive and review. It was noted that this item had been discussed by the trust s Audit Committee and PWC had indicated they would be providing an unqualified opinion on the accounts. Decision: 2013/May/No 8 (i) Agreed to adopt the Annual Financial Statements for the period ending 31 March 2013. 9.2c EXTRACT FROM THE UNCONFIRMED MINUTES OF THE AUDIT COMMITTEE MEETING HELD ON 23 MAY 2013 Mr Kirby presented an extract from the unconfirmed minutes of the Audit Committee meeting held on 23 May 2013 which recommended adoption of the accounts. In conclusion, the Chairman thanked Mr Newton and the finance directorate who had worked so hard to ensure the adoption of all information went smoothly. Decision: 2013/May/No 9 The Board (i) Noted the extract from the unconfirmed Audit Committee meeting held on 23 May 2013. 10 GOVERNANCE 10.1 MONITOR STRATEGIC PLAN 2013/2014 2015/2016 Mrs Moulton stated that members had seen previous draft versions of the Monitor Strategic Plan and following its last appearance in April 2013, she had taken into consideration members comments. The report before the Board today was an updated version incorporating an executive summary and a summary of the financial plan for 2013/2014, including figures for the cost improvement programme. Following agreement by the Board today, it was noted that the Appendix 1 of the plan would be published by Monitor. The remaining elements of the plan would require further Board discussion before finalisation. The Chairman thanked Mrs Moulton and her team on the work involved in producing the document. Decision: 2013/May/No 10 6

(i) Approved the final version of the Monitor Strategic Plan for submission to Monitor. 10.2 QUALITY ACCOUNT 2012/2013 Ms James stated that the Board had previously seen the working document of the quality account for 2012/2013 and was now presenting the final draft for approval. Ms James went through the report in detail and confirmed that the Quality Account had been considered by the trust s Audit Committee. Ms James responded to questions in terms of risk assessment comparisons and reporting of incidents. The Board thanked Ms James and colleagues in the production of the Quality Account for 2012/2013. Ms James stated that if the Board was content with the Quality Account for 2012/2013 then the final document would need to be signed off by executive/board members of the trust. Action: Ms James Decision: 2013/May/No 11 (i) Approved the Quality Account for 2012/2013. 11 FOR INFORMATION WITHOUT DISCUSSION 11.1 MINUTES OF THE INTEGRATED GOVERNANCE COMMITTEE MEETING HELD ON 10 APRIL 2013 Ms Wallace presented the minutes of the IGC meeting held on 10 April 2013. Decision: 2013/May/No 12 (i) Noted the minutes. 11.2 2012/2013 END OF YEAR REPORT ON THE WORK OF THE INTEGRATED GOVERNANCE COMMITTEE (IGC) Ms Wallace said that the purpose of the report was to provide assurance to the Board that the IGC had discharged its duties and delivered its annual business plan for 2012/2013. The Board noted that there were three actions which would be carried into 2013/2014 namely: (i) review annual update on management of sickness absence. (ii) review annual reports on data quality and data coding. (iii) review IGC terms of reference and membership of the committee. In conclusion, Ms Wallace thanked the Committee for its hard work during 2012/2013. Decision: 2013/May/No 13 7

(i) Noted the report and supported the findings of the report. 11.3 MINUTES OF THE AUDIT COMMITTEE MEETING HELD ON 18 APRL 2013 Mr Kirby presented the minutes of the Audit Committee meeting held on 18 April 2013. Decision: 2013/May/No 14 (i) Noted the minutes of 18 April 2013. 11.4 AUDIT COMMITTEE ANNUAL REPORT 2012/2013 Mr Kirby presented the Audit Committee Annual Report for 2012/2013 which it was noted had been approved by the Audit Committee at its meeting on 23 May 2013. The Board was assured that the level of adherence to the agreed terms of reference and to the summarised work undertaken had been met. Decision: 2013/May/No15 (i) Noted the report. 12 ANY OTHER BUSINESS (i) Professor Hart reported that the Secretary of State for Health, Jeremy Hunt, had given Hambleton, Richmondshire and Whitby Clinical Commissioning Group the go ahead to start formal consultation on the future of children s and maternity services at the Friarage Hospital. This had been on hold for several months after members of North Yorkshire County Council's scrutiny of health committee referred this important issue to Mr Hunt who asked the Independent Review Panel to look at the options being considered. Following their advice, the health secretary has said the CCG can continue to consult on its two preferred options: - Running a short stay paediatric children s assessment unit, children s outpatient and community services and a midwifery-led unit, outpatient s services and community midwifery: - Running children s outpatient and community services, midwifery-led unit, outpatient s services and community midwifery. As yet no timescale has been given for formal consultation as the CCG want to delay this until it fully understands the potential impact of another health project looking at clinical quality standards across Durham and the whole of the Tees Valley (including children's and maternity services). There being no further business, the meeting closed at 11.35 am 8

13 DATE, TIME AND LOCATION OF NEXT MEETING The next public meeting of the Board of Directors will take place on Tuesday, 25 June 2013 at 10.00 am in the Board Room, The James Cook University Hospital, Marton Road, Middlesbrough. TO CONSIDER A RESOLUTION THAT REPRESENTATIVES OF THE PRESS AND OTHER MEMBERS OF THE PUBLIC BE EXCLUDED FROM THE REMAINDER OF THE MEETING HAVING REGARD TO THE CONFIDENTIAL NATURE OF THE BUSINESS TO BE TRANSACTED, PUBLICITY OF WHICH WOULD BE PREJUDICIAL TO THE PUBLIC INTEREST (Section 1 (2) PUBLIC BODIES) (ADMISSION TO MEETNGS) ACT 1960. Signed: Date: Chairman 9