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Foundation Trust

Foundation Trust. Constitutional Issues. What we’ve agreed so far. Response to consultation Membership strategy Composition of Council of Governors Resources/Structure Committee structure Review of risk management/audit committee, integrated governance, delegated authorities.

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Foundation Trust

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  1. Foundation Trust Constitutional Issues

  2. What we’ve agreed so far • Response to consultation • Membership strategy • Composition of Council of Governors • Resources/Structure • Committee structure • Review of risk management/audit committee, integrated governance, delegated authorities

  3. Composition of Council of Governors Public: Local counties/England &Wales Patients/Carers Staff Partners: NHS, Education & Research, LAs, Others Total: 29 (6) (9) (4) (10)

  4. Structure to support FT

  5. Key Stages in FT Process • Agreement of Constitution & Standing Orders • Pre-application: due diligence, mock B2B • NHS Trust submits application – August 2009 • Secretary of State gives approval for Trust to proceed • Notice of election/nominations – September 2009 • Elections – October 2009 • Results (to Monitor by 21st November) • Monitor authorisation – Dec 2009

  6. Election Checklist • FPP or STV? Decide early on • Managed externally – experience, model rules – Electoral Reform Society • We provide advice and info, monitor process but maintain distance (to avoid bias) • Costs – c £12k + postage, dependant on no. of constituencies, classes, eligible voters • C.40 working days – (results by 21st of month prior to authorisation) • Terms of office – (staggered?)

  7. Appointment & removal process for Directors Chair & Non-executive Directors • Appointed by Council of Governors through Appointments (Nomination) Committee • Appointments Committee decide term of office • Removal by ¾ of the Council of Governors

  8. Appointment & removal process for Directors Chief Executive • Appointed by Non-executive Directors, subject to Council of Governors’ approval • Removal by Non-executive Directors • Non-executive Directors decided on term of office • Other Directors – current arrangements

  9. Appointment & removal process for Directors Other Executive Directors • Appointed by committee of Chair, Chief Executive and other Non-executive Directors • Removal by same committee • Term of office decided by committee ofNon-executive Directors

  10. Constitution/issues to consider/agree • Based on model core constitution (Monitor) • All changes/departures from core must be tracked and explained • Standing Orders – implications of including in full • Legal advice • Appointments Committee for NEDs/Chair

  11. Constitution/issues to consider/agree • Scope for further sub committees by agreement • Transitional arrangements on an interim basis including NEDs – remainder of term up to 12 months • Appointment of Senior Independent Director in consultation with Council – role = governors’ concerns not resolved through usual channels • Process for Constitution sign off – sub group

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