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BOARD OF DIRECTORS MEETIG (Open) Date: 14 February 2018 Item Ref: 10 TITLE OF PAPER Guardian of Safe Working Report Q3 2017/18 TO BE PRESETED BY Dr Mike Hunter, Executive Medical Director ACTIO REQUIRED For the Trust Board of Directors to note. OUTCOME TIMETABLE FOR DECISIO LIKS TO OTHER KEY REPORTS / DECISIOS STRATEGIC AIM STRATEGIC OBJECTIVE BAF RISK UMBER & DESCRIPTIO LIKS TO HS COSTITUTIO & OTHER RELEVAT FRAMEWORKS, RISK, OUTCOMES ETC IMPLICATIOS FOR SERVICE DELIVERY AD FIACIAL IMPACT COSIDERATIO OF LEGAL ISSUES Trust Board of Directors to receive the Guardian of Safe Working Report as required by the terms and conditions of service for junior doctors. February 2018 Board of Directors The challenges of filling the medical on-call rota and providing high quality medical training while Health Education England recruitment to psychiatry does not provide sufficient trainees for training placements. Strategic Objective 3: To recruit, develop, support and retain a skilled committed and compassionate workforce with effective leadership at every level. The HS constitution sets out commitments to education, training and development of employees. The role of Guardian of Safe Working is to protect patients and doctors by making sure doctors do not work unsafe. The Guardian of Safe Working is a requirement in the 2016 terms and conditions of service for doctors in training. Author of Report Mike Atter, Jo Wilson Guardian of Safe Working Designation Medical Education & Staffing Manager Date of Report 26 th January 2018 Page 1 of 11

SUMMARY REPORT Report to: Open Board of Directors Date: 14 th February 2018 Subject: Guardian of Safe Working Report Q3 2017/18 From: Author: Dr Mike Hunter, Executive Medical Director Mike Atter, Guardian of Safe Working 1. Purpose For Approval For a collective decision To report progress To seek input from For information Other (please state below) 2. Summary The role of Guardian of Safe Working is to protect patients and doctors by making sure doctors do not work unsafe. The Guardian is required to submit quarterly and annual reports to the Board of Directors. This report gives details of the exception reports submitted by junior doctors when the they work differs from those they were scheduled to work and the actions taken as a result. Between October 2017 and December 2017, 11 exception reports were raised. Five of these reports were due to doctors working longer due to medical emergencies; all of these were resolved satisfactory. Four reports were due to the intensity of on-call work; this will be examined further via an monitoring exercise in March 2018. Other reports were related to being called in to clinical duties on a special interest day and one report with insufficient detail submitted by a doctor who has since left the Trust. The opinion of the Guardian is that system for exception reporting is working well and that all issues raised in quarter three 2017-18 were resolved satisfactorily. 3. ext Steps The Guardian will next report for Q4 2017-18. 4. Required Actions For the Board of Directors to be aware. 5. Monitoring Arrangements Quarterly reporting to Board of Directors. Monthly verbal report from the Guardian of Safe Working to the Medical Workforce Planning Group. 6. Contact Details For further information please contact: Dr M. Atter Guardian of Safe Working Mike.Atter@shsc.nhs.uk Page 2 of 11

QUARTERLY REPORT O SAFE WORKIG HOURS: October, ovember and December 2017 Executive summary This quarterly review covers October to December 2017. Dr Atter was appointed as Guardian for safe working in October. In summary, there is a robust arrangement for current and new staff to be made aware of the process of exception reporting (which they are required to do when their actual worked differ from scheduled working ) The number of reports is increasing as a result of this increased awareness. All reports have been processed appropriately, and reviewed to ensure to identify any safety concerns. The theme of trainees staying beyond their work schedules to provide emergency care continues and was discussed in the Junior Doctor forum and at induction. Concerns about the intensity and frequency of out of for the intermediate trainees, which are outside the scope of the Guardian, have been addressed. The frequency of the on call will be reduced from February 2018 with consultant support, and the out of mental health act assessments is expected to reduce as a result of plans to ensure assessments are conducted during working whenever possible. The intensity of the foundation doctors work out of has been raised and it was suggested that trainees work more than the 50% they are compensated for. Exception reports cannot adequately capture the detail of the on call intensity, so a repeat of monitoring was arranged for the foundation doctors, however the return rate was inadequate. There are plans to repeat the monitoring by the end of March 2018. Introduction The 2016 terms and conditions of service for doctors in training introduced a new role, Guardian of Safe Working (GOSW), in all organisations that employ or host HS training doctors. The roles of the Guardian include being a champion for safe working, attending induction to explain the guardian role to new doctors, to oversee safety relating to exception reports (submitted by trainee doctors when actual worked differ from those scheduled) and monitor compliance, to escalate issues for actions when not addressed locally, to require work schedule reviews to be undertaken where necessary, to intervene to mitigate safety risks and to intervene where issues are not being resolved satisfactorily. The Guardian also distributes monies received as a result of fines for safety breeches, as directed by the trainees through the junior doctors forum and to provide assurances to both the Trust Board of Directors and the doctors in training on safe working and compliance with terms and conditions. The Guardian is required to provide a quarterly report to the Trust Board of Directors and the LMC, an annual report to the Trust Board of Directors and is responsible for providing information to external national bodies. There is also a requirement that the Guardian convenes junior doctor forums on a regular basis. Page 3 of 11

High level data o of doctors in training Oct-17 35 17 ov-17 35 17 Dec-17 35 17 o of doctors on new contract Amount of time available in job plan for guardian to do the role: 0.8 Admin support provided to the guardian (if any): 0.25 Amount of job-planned time for educational supervisors: 0.25 Exception reports (with regard to working ) o of exceptions raised o of exceptions closed Oct -17 5 5 0 ov - 17 6 5 1 Dec - 17 0 0 0 o of exceptions outstanding Grade Date Report Submitted Initial Review Date Total Days Status FY2 14/11/2017 21/11/2017 7 Complete FY2 14/11/2017 28/11/2017 14 Level 1 - Incomplete FY2 10/11/2017 16/11/2017 6 Complete FY2 10/11/2017 16/11/2017 6 Complete FY2 10/11/2017 16/11/2017 6 Complete FY1 07/11/2017 08/11/2017 1 Complete FY1 31/10/2017 01/11/2017 1 Complete FY1 26/10/2017 27/10/2017 1 Complete FY2 19/10/2017 19/10/2017 0 Complete FY1 16/10/2017 17/10/2017 1 Complete ST5 04/10/2017 05/10/2017 1 Complete Hours Monitoring exercises for those on the 2002 contract took place in September response rate was under 50% so no statistically valid figures are available. Hours monitoring is due to take place again in March 2018. Work schedule reviews o Work Schedule Reviews have currently been undertaken. Page 4 of 11

Locum bookings Month Internal Agency Oct-17 ov- 17 Dec- 17 1,118.86 1,783.25 2,319.08 5,727.13 5,244.74 10,533.38 Total Locum spend 6,845.98 7,027.99 12,852.45 Locum bookings (Agency) Specialty worked worked October 9 9 112.5 112.5 ovember 9 9 103.5 103.5 December 18 18 200 200 Locum bookings (agency) by grade - October worked FY/CT1-3 2 2 25 25 ST4+ 7 7 87.5 87.5 Locum bookings (agency) by grade - ovember worked FY/CT1-3 0 0 0 0 ST4+ 9 9 103.5 103.5 Locum bookings (agency) by grade - December worked FY/CT1-3 6 6 62.5 62.5 ST4+ 12 12 137.5 137.5 Locum bookings (agency) by reason - October worked worked worked worked worked Vacancy 0 0 0 0 Sickness 2 2 25 257 Other 7 7 87.5 87.5 Locum bookings (agency) by reason - ovember worked worked Vacancy 0 0 0 0 Sickness 0 0 0 0 Page 5 of 11

Other 9 9 103.5 103.5 Locum bookings (agency) by reason - December worked worked Vacancy 0 0 0 0 Sickness 2 2 25 25 Other 16 16 103.5 103.5 (Other includes carer leave, OOP and risks due to pregnancy) Locum work by trainees Month Grade worked umber of worked umber of rostered per week Actual worked per week Opted out of WTR? Oct-17 SPR 4 16.0 56.0 Oct-17 F2 1 4.5 44.5 Oct-17 CT 1 3.5 43.5 Oct-17 CT 1 3.5 43.5 ov-17 SPR 1 4.5 44.5 ov-17 SPR 3 29.5 69.5 ov-17 SPR/SAS 1 4.5 44.5 ov-17 CT 1 3.5 43.5 Dec-17 CT 3 37.5 77.5 Dec-17 CT 2 9.0 49.0 Dec-17 SPR 1 4.5 44.5 Dec-17 CT/SAS 1 4.5 44.5 The rota s are currently fully staffed with no gaps, and locums are used for unpredicted changes such as short notice sickness Fines o Fines have yet been levied. Page 6 of 11

Qualitative information The Trust started using the allocate exception reporting software in August 2017 and new trainees were given training in exception reporting and were introduced to the system in induction. The Trust also offered that the opportunity for exception reporting to all trainees on the old contract (even though this is not required) to ensure a clear understanding current working conditions. Exception reports received during Q3 2017/18 were mainly related to issues where medical emergencies occurred towards the end of a shift resulting in staff remaining beyond their scheduled working in order to safely manage the situation. Three reports on the ward refer to this situation and one in the community. The system of exception reporting appears to have prompted discussions with Clinical Supervisors and facilitated reflection and learning about time management and the use of resources. In the Junior Doctors Forum (minutes attached) this issue was addressed and support and was given to trainees to use the on call doctors, and hand over mechanisms appropriately. All such occurrences have been resolved by offering time off in lieu except where it was agreed that no action was needed. There have been periods where the workload on wards has been high, when doctors have been covering colleagues on leave, leading to extra worked. When time off in lieu is given as compensation, this can exacerbate the problem, and reduce the numbers of trainees on the wards. The intensity of the on call work was the subject of four exception reports. The new junior contract allows that out of duties on the ward are paid on the understanding that trainees would be working on average 50% of the time and would be resting for at least 25% of the time. Exception reports indicated times when staff had worked above the expected 50%. The exception reporting does not provide information when trainees are working under the expected 50%. Discussions with the BMA and LC in the ovember junior doctor forum led to the recommendation of a further period of monitoring, scheduled for March 2018. One exception report was relating to the need for a higher trainee to come to work on a special interest day, to support the foundation trainee at a time when there was limited cover for the consultant who was on annual leave. One over due report has inadequate information to interpret the circumstances and the trainee has left the Trust. Actions taken to resolve issues The themes above were discussed in the junior doctor forum in ovember. Informal feedback indicates that junior trainees are using the on call handover system effectively to avoid extended working. The issues of increased frequency and intensity of the higher trainees on call is being addressed by changing the system by which mental health act assessments are arranged during the day. There is a city wide AMPH team and a dedicated Sec 12 doctor during office, who should be able to process MHA assessments requests and limit the number of planned assessments that take place outside of working. The higher trainees out of on call rota will be reduced to 1 in 10 intensity from February with slots being filled by consultant volunteers. Page 7 of 11

The issue of cross cover will be discussed at the junior doctors forum in February. A session will be delivered at the special education committee CPD session in January by Dr Atter to raise awareness of the role of the guardian of safe working and the process of exception reporting. Summary During this period of time, the exceptional reporting procedures have become well understood by trainees. Exceptional reports were resolved between the trainees and their clinical supervisor who used reflected episodes of unpredicted clinical demand. As Guardian, I am comfortable with the overall safety of working in the organization, and that issues are on the way to being resolved. Page 8 of 11

Appendix Junior Doctor Forum Wednesday 25 th October 2017, 15:00-17:00 Mayfield Suite, Fulwood house In attendance: Dr Mike Atter, Guardian of Safe Working MA Shazia Khan, BMA Industrial Relations Officer SK Dr Mike Hunter, Medical Director MH Dr Paul Miller, LC Chair PM Dr Jaazzmina Hussain, BMA Representative (Higher) JH Dr Mara Popovici, BMA Representative (Core) MP Dr Shakirudeen Bello, Core Psychiatry Trainee SB Dr Michael Milmore, Specialty Registrar on General Adult Psychiatry & Psychotherapy MM Dr Frances orman, Specialty Trainee Registrar General Practice F Dr Lucy Beales, Specialty Trainee Registrar General Practice LB Dr Edward Fearnley, Core Psychiatry Trainee EF Dr Lydia Akinola, Foundation Year 2 Doctor LA Jo Wilson, Medical Education & Staffing Manager JW Gemma Rodgers, Medical Staffing Coordinator GR William Wright, Medical Education Admin Assistant W Apologies OTES ACTIO one Matters Arising from Previous Meeting (15th March 2017) Meeting in August did not go ahead. Action points from prior meeting in March 2017 reviewed. Confirmation of exception reporting process Discussed later in meeting. Software issues Resolved with the introduction of Allocate software. JW confirmed all logins and training had been distributed. Page 9 of 11

Role of the Guardian MA detailed his role as Guardian of Safe Working (GOSW). MA offered to attend JDCs. MP welcomed the attendance of GOSW at JDC. Exception Reports Information Required, Process & Outcomes Discussed BMA Model Constitution. SK confirmed that 50% of all junior doctor representatives/membership must be present to validate decisions made at the Junior Doctor Forum. Medical Students to be offered the opportunity to attend the Junior Doctor Forum. JW detailed the exception reporting process. MA Acknowledged that an accurate understanding of work patterns cant be established by exception reports alone, as the times when there is less than 50 % intensity is not captured. Hours monitoring is the only way of accurately capturing the patterns. Query regarding paid for on-call discussed. ew contract assumes 25% rest, SHSC calculations come at 50%. SHSC monitoring came out at 51% in September 2017. LA raised issue with work schedule and pay inconsistencies amongst foundation doctors. JW confirmed work schedules are being reviewed and error is being queried with Allocate. Difficulties with equality across rota & pay calculations discussed in detail. Forum recognised that the 50% actual worked during on-calls may not be accurate across length of rota with a fluctuation in shift intensities. Option of additional monitoring exercise discussed, agreed this is an issue to be raised at the next LC. Discussed when exception reporting is appropriate. Confirmed that missing educational opportunities can be raised as an exception report. SK verified that exception reports can be made against any variation from the work schedule. Forum discussed the importance of ensuring exception reports are made in a timely manner with as much detail as possible. MP to check with JDC List of nominated representative s/membership required. JW to discuss issues raised by LA separately with her. JW reviewing work schedules and querying issues with Allocate. JW to share hour monitoring data with the next LC. SK to circulate BMA guidance on exception reporting. Update from Guardian MA confirmed that there has been a total of 25 exception reports from 8 individuals. Current themes from reasons given for exception reports received: 1. Inpatient wards workload with admissions or medical emergencies after 4pm. 2. Cross cover between wards 3. High level of routine work becoming unmanageable. Forum discussed the importance of ensuring a safe handover is made at JW to provide MP with FY email addresses in order for them to be invited to Page 10 of 11

5pm to out of medics. Recognised that current system allows for a timely and safe handover. Reasons for not handing over discussed within forum, lack of confidence, personal pride in work and a concern regarding other medics perceptions identified as possible causes. Conversation arose around inpatient workloads, recognised that wards are bottom heavy with high percentage of workload being given to junior doctors. the JDC. Including exception reporting in supervision to be raised at the CPD SEC. Feedback from Junior Doctors LA raised concern regarding FY supervision and communication with FYs. Forum discussed concerns and recognised efforts are being made to improve this. MP raised query regarding current junior doctors on the old contract moving across to the new contract. This was identified as a query to be raised at the LC. Also raised concern over low morale, low interest in becoming representatives. Forum discussed the issue and recognised rota improvements would help SHSC relations with junior doctors. In addition it was brought to the forum that some junior doctors may not exception report due to the relationship they have with their Clinical Supervisor/Consultant. Forum explored these issues with the recommendation that efforts need to be made at a grass roots level to empower junior doctors. MA offered opportunity to contact him if not confident with exception reporting. Forum recommended that exception reporting should be included in structured supervision. JH brought to forum s attention that higher trainees are concerned about not meeting clinical competencies due to rota intensity. Concern discussed with recognition of efforts being made to resolve the on-going rota concerns. Disbursement of Fines o fines enforced with no funds to disburse. Any Other Business Discussed what potential fine funds can be spent on. Confirmed funds cannot be spent on anything that should already be provided as part of training e.g. library. Forum encouraged the use of any future funds on social, morale building events for the junior doctors. PM suggested use of funds to bring in inspiration speakers; this was supported by the forum. Date of ext Meeting ext meeting to take place on Wednesday 10 th January 2018 at 13:00. Room venue to be confirmed. WW to identify a venue Page 11 of 11