Consultations by 'responsible persons'
Where a responsible person (that being relevant NHS body or health service provider) has under consideration any proposal for a substantial development, or variation of the health service in a local authority area they are required to consult the Authority. The process for this as follows:
The Responsible Person is required to:
- i) Provide the Authority with a date by which it intends to make the decision as to whether to proceed with the proposal and the date by which any comments from the Authority are required;
- ii) Inform the Authority of any changes to these dates and publish these dates; and
- iii) Where the requirement to consult does not apply, the decision being taken as a result of a risk to the safety or welfare of patients or staff, the responsible person must notify the authority immediately of the decision taken and the reason why no consultation has taken place.
The Audit and Governance Committee:
- i) Where required, make comment / recommendation on the proposal by the date requested by the responsible person;
- ii) Where the responsible person disagrees with a recommendation from the Authority, they must notify the Authority and both parties take such steps as reasonably practicable to reach an agreement.
- iii) Where the Authority’s response did not include a recommendation the Authority must advise the responsible person of the date by which it intends to make the decision to refer the proposal to the secretary of state, and if applicable the date by which it intends to do so.