Terms of reference approved by ET 8th May 2012 Agenda Item: 10 Paper No: CM/02/12/09b ANNEX B TERMS OF REFERENCE FOR EXECUTIVE TEAM PURPOSE 1. The purpose of the Executive Team is to ensure the effective implementation and communication to stakeholders, including staff, of the strategic direction identified by the CQC Board take overall responsibility for the day to day corporate management and performance of the organisation Ensure that the corporate governance framework is implemented and effective ROLE AND RESPONSIBILITIES 2. The role and responsibilities of the Executive Team are to: oversee the successful delivery of the programme of work in line with the strategic objectives set out in the 5 Year Strategy and Corporate Plan and the outcomes required by the Key Performance Indicators; ensure that the CQC business plan objectives are being achieved and resources deployed and re-deployed accordingly; ensure that the targets in the corporate scorecard are being met; ensure that the CQC regulatory model operates so as to discharge CQC’s regulatory duties; ensure that CQC meets its statutory obligations as a corporate body and as an employer; manage corporate risks and issues and ensure appropriate resources are deployed to address these consider and approve and amend corporate operational policies and business processes; identify policy issues to be discussed with the Chair and/or other Board members including for consideration by the CQC Board; approve reports and proposals to be submitted to the Board and its subcommittees; and determine which of its governance responsibilities it wishes to delegate to its subcommittees. EVALUATION 3. The criteria for the success of the Executive Team will be: the delivery of the 5 Year Strategy and Corporate Plan; the delivery of the CQC’s business plan objectives; and the effective management of the reputation of the regulator, including the management of strategic regulatory risk. Page 1 of 12 Terms of reference approved by ET 8th May 2012 Agenda Item: 10 Paper No: CM/02/12/09b ACCOUNTABILITY 4. The Executive Team is accountable to the Board. 5. The Chief Executive as Chair of the meeting will be accountable for ensuring that the appropriate recommendations to the Executive Team reflect appropriate consideration of: a. b. c. d. e. f. g. h. i. j. k. Equality, Diversity and Human Rights Staff Development User Involvement Resources (including IT) Value for Money Evaluation Public Reporting Environmental Legal Corporate priority Risks/interdependencies CONSTITUTION Membership 6. The membership of the Executive Team comprises: Chief Executive Deputy Chief Executive Director of Finance and Corporate Services Director of Information & Knowledge Management Director of Regulatory Development Director of Operations Delivery Director of Strategic Marketing and Communications Director of Governance and Legal Services Director of Human Resources 7. Meetings will be chaired by the Chief Executive. The Deputy Chief Executive will chair in the absence of the Chief Executive, or any other Director authorised by the Chief Executive of Deputy Chief Executive. 8. Executive Team members are expected to attend all Executive Team meetings unless the Chief Executive has otherwise granted permission. On all occasions when it is agreed that Executive Team members will not attend a meeting, they will be required to nominate and ensure that one of their Heads of Service is available to deputise for them. Deputies will have the same rights and responsibilities as Executive Team members. Page 2 of 12 Terms of reference approved by ET 8th May 2012 Agenda Item: 10 Paper No: CM/02/12/09b Quorum 9. The quorum for a meeting is 50% of the members which must include either the Chief Executive, Deputy Chief Executive or nominated Chair. In attendance 10. The Head of Governance will be in attendance at meetings. The invitation of one other officer to attend for the discussion of items relevant to their responsibilities is at the discretion of individual Executive Team members. Secretariat must be notified of any additional attendees at least 24hrs in advance, in order to facilitate the smooth running of the meeting. Frequency 11. The Executive Team will usually meet fortnightly. Additional meetings may be called by the Chief Executive if necessary. Support 12. Secretariat support is provided by the Secretariat. Procedures for the conduct of the Executive Team (and its subcommittees) will be developed by the Head of Governance for approval by the Executive Team and will be subject to ongoing monitoring and review. GOVERNANCE 13. The Executive Team is the overall executive corporate decision-making forum of CQC and makes recommendations to the Chairman of the Board on relevant issues related to the strategy, policy and operation of CQC. 14. The following Committees are sub-committees of the Executive Team: The Regulatory Risk Committee The Corporate Delivery Committee Corporate Change Committee 15. The Executive Team operates within CQC’s approved Scheme of Delegation, ensuring that appropriate issues are referred to the Board, as set out in the Scheme. Page 3 of 12 Terms of reference approved by ET 8th May 2012 Agenda Item: 10 Paper No: CM/02/12/09b TERMS OF REFERENCE FOR THE REGULATORY RISK COMMITTEE PURPOSE 1. As a sub-committee of the Executive Team the purpose of the Regulatory Risk Committee is to support the Executive Team by: Monitoring the application of the regulatory risk framework and providing assurances to the Executive Team and the Board. Monitoring the effectiveness of the CQC’s regulatory model and methods and making recommendations to the Executive Team. ROLE & RESPONSIBILITIES 2. The role and responsibilities of the Committee are to: ensure there is a coherent model of risk management employed consistently by CQC in relation to regulatory activity; monitor trends in compliance and non-compliance overall, by sector, by service type, regionally, across the various essential standards etc, and assess the implications for the regulatory model and resourcing monitor trends in compliance and non-compliance in relation to corporate providers in order to identify early warnings of failure; review regulatory performance against the CQC scorecard measures as possible indicators of the effectiveness of regulatory risk processes; monitor the effectiveness of the use of intelligence (generally and specifically e.g. whistle-blowing, safeguarding) in operational and regulatory decision making; assess the effectiveness of regulatory methods and tools in managing risk and the effectiveness of the regulatory model‘s delivery of improvement; develop modifications to the regulatory model and regulatory tools when authorised by the Executive Team so to do; specifically, evaluate formal CQC investigations prior to publication of findings to ensure that in each case they meet the stated objectives; ensure that there are appropriate arrangements in place to discharge CQC regulatory responsibilities under ionising radiation and controlled drugs legislation; propose thematic and special reviews to the Executive Team; advise the Executive Team if it believes changes to the regulatory model are necessary or desirable, where necessary by examining past regulatory activity; approve and monitor the work programme of the Safeguarding Sub-Committee Page 4 of 12 Terms of reference approved by ET 8th May 2012 Agenda Item: 10 Paper No: CM/02/12/09b EVALUATION 3. The criteria for the success of the Regulatory Risk Committee will be: A coherent and consistent model of Regulatory Risk Management employed across, and embedded within, all of the organisation’s operational activities; The provision of suitable and sufficient assurances to the Executive Team and the Board that the CQC regulatory model is effective and efficient in the deployment of appropriate types and levels of regulatory resources to regulatory risk; The provision of adequate analysis of levels, patterns and trends in regulatory risk to allow for effective business planning. ACCOUNTABILITY 4. The Committee is accountable to: The Executive Team The Audit & Risk Assurance Committee (and through it, the Board). 5. The Chair of the Committee will be accountable for ensuring that the recommendations to the Executive Team reflect appropriate consideration of: a. Equality, Diversity and Human Rights b. Staff Development c. User Involvement d. Resources (money, staff, information and IT) e. Value for Money f. Evaluation g. Public Reporting h. Environmental i. Legal/Governance j. Corporate priority k. Risks/interdependencies l. Customer service 6. The Chair of the Committee will be responsible for ensuring that the Committee in its operations adheres to and delivers the relevant requirements and outcomes of the CQC Corporate Governance Framework CONSTITUTION Membership 7. The following constitutes the standing membership : Director of Regulatory Development (Chair) Director of Governance & Legal Services Director of Operations Director of Information & Knowledge Management Head of Operational Quality & Risk Head of Media Head of Better Regulation Head of Regulatory Design Page 5 of 12 Terms of reference approved by ET 8th May 2012 Agenda Item: 10 Paper No: CM/02/12/09b Head of Operations Intelligence Two representatives of the CQC clinical advisors Quorum 8. The quorum for a meeting is at least 50% of the membership, one of whom is the Chair (or the Chair’s nominated deputy). In attendance 9. Other officers may be invited to attend for discussion of items relevant to their responsibilities. Frequency 10. The Committee will usually meet monthly. Additional meetings may be called by the Chair if necessary. Support 11. Secretariat support is provided by the Corporate Secretariat. GOVERNANCE 12. The Committee is a committee of the Executive Team and makes recommendations to the Executive Team. It also provides assurances and information to the Board’s Audit & Risk Assurance Committee. 13. The Safeguarding Committee is a sub-committee of this Committee. 14. The Chair will present a regular written report to the Executive Team meeting, following each meeting of the Committee, detailing key outcomes and decisions and escalating any issues requiring decision by the Executive team, with recommendations. 15. The Chair of the Committee will attend and provide a report to the Audit & Risk Assurance Committee about the management of regulatory risk and the effectiveness of the regulatory model. 16. The Committee operates within the Commission’s Scheme of Delegation, ensuring that appropriate issues are referred to the Executive Team, or the Board, as set out in the Scheme (see attached link) http://intranet.cqc.local/CQCIntranet/about-cqc/governance/chairman-andboard.aspx#schemeofdelegation Page 6 of 12 Terms of reference approved by ET 8th May 2012 Agenda Item: 10 Paper No: CM/02/12/09b TERMS OF REFERENCE FOR THE CORPORATE DELIVERY COMMITTEE (CDC) PURPOSE 1. As a sub-committee of the Executive Team the purpose of the Corporate Delivery Committee is to support the Executive Team by: Ensuring corporate delivery against CQC’s business objectives and to provide assurances; Ensuring the effective management of the risks and threats to those business objectives and making recommendations to the Executive Team. 2. The responsibility for overseeing the delivery of individual Directorate business plans remains with the Director, who is accountable to the Chief Executive for the Directorate’s performance. ROLE & RESPONSIBILITIES 3. The role and responsibilities of the Committee are to: monitor progress against the business plan objectives and timescales; provide detailed scrutiny of performance (including financial performance) against targets and Key Performance Indicators (KPIs) approve the submission of performance reports to the Board; monitor the profile of risks on the corporate risk register, the adequacy of mitigation and, where risk tolerances are exceeded, make recommendations to the Executive Team; track the implementation of management actions arising from internal audit recommendations; approve and review all corporate policies (which otherwise are not reserved to the Executive Team or the Board); approve procurement with costs which exceed Directorate delegations and therefore require corporate approval; take decisions (within the limits of its authority) to require remedial action where necessary; approve and monitor the work programme of the subcommittees of the Committee. EVALUATION 4. The criteria for the success of the Corporate Delivery Committee will be: Effective corporate co-ordination and delivery of CQC’s business plan against objectives, within timescales and within resources; Page 7 of 12 Terms of reference approved by ET 8th May 2012 Agenda Item: 10 Paper No: CM/02/12/09b The provision of suitable and sufficient performance reports to the Executive Team and the Board; The provision of adequate analysis and mitigation of any risks to the delivery of the business plan ACCOUNTABILITY 5. The Committee is accountable to: The Executive Team Through the Executive Team, the Board. 6. The Chair of the Committee will be accountable for ensuring that the recommendations to the Executive Team reflect appropriate consideration of: a. Equality, Diversity and Human Rights b. Staff Development c. User Involvement d. Resources (money, staff, information and IT) e. Value for Money f. Evaluation g. Public Reporting h. Environmental i. Legal/governance j. Corporate priority k. Risks/interdependencies l. Customer service 7. The Chair of the Committee will be responsible for ensuring that the Committee in its operations adheres to and delivers the relevant requirements and outcomes of the CQC Corporate Governance Framework CONSTITUTION Membership 8. The following constitutes the standing membership: Deputy Chief Executive (Chair) Director of Finance & Corporate Services Deputy Director of Operations Head of Human Resources Operations and Business Partnering Head of Planning, Performance and Projects Head of Operational Planning & Performance Head of Regulatory Design Head of Finance Head of Intelligence and Information Management Head of Governance Quorum Page 8 of 12 Terms of reference approved by ET 8th May 2012 Agenda Item: 10 Paper No: CM/02/12/09b 9. The quorum for a meeting is at least 50% of the membership, one of whom is the Chair (or the Chair’s nominated deputy). In attendance 10. Other officers may be invited to attend for discussion of items relevant to their responsibilities. Frequency 11. The Committee will usually meet monthly. Additional meetings may be called by the Chair if necessary. Support 12. Secretariat support is provided by the Corporate Secretariat. GOVERNANCE 13. The Committee is a committee of the Executive Team. It makes recommendations to the Executive Team. 14. The following Committees are sub-committees of this Committee: the Information Governance Group the Business Continuity Committee the Complaints Governance Group the Health and Safety Committee the Establishment and Recruitment Controls Committee the Investment Committee (business case approvals and IT resource prioritisation) 15. Each subcommittee is required to provide a written report to the Committee following each meeting. 16. The CDC Chair will present a regular written report to the Executive Team meeting, following each meeting of the Committee, detailing key outcomes and decisions and escalating any issues requiring decision by the Executive team, with recommendations. 17. The Committee operates within the Commission’s Scheme of Delegation, ensuring that appropriate issues are referred to the Executive Team, or the Board, as set out in the Scheme (see attached link) http://intranet.cqc.local/CQCIntranet/about-cqc/governance/chairman-andboard.aspx#schemeofdelegation Page 9 of 12 Terms of reference approved by ET 8th May 2012 Agenda Item: 10 Paper No: CM/02/12/09b TERMS OF REFERENCE FOR THE CORPORATE CHANGE COMMITTEE (CCC) PURPOSE 1. As a sub-committee of the Executive Team the purpose of the Corporate Change Committee is to support the Executive Team by: Ensuring the effective and timely delivery of programmes and projects designed to effect change to the corporate operation of CQC or to modify or extend CQC’s responsibility Ensuring the effective management of the risks and threats to those programmes and projects and making recommendations to the Executive Team. Identify implications from proposed changes for in year delivery and make recommendations to the Executive Team. Ensure an effective and timely transition from proposals for change and programmes of change to ‘business as usual’ implementation of revised processes. 2. The Executive Team will determine which programmes and projects fall within the remit of the CCC. ROLE & RESPONSIBILITIES 3. The current role and responsibilities of the Committee (which are likely to change annually with the change in business plan delivery) are to oversee and scrutinise: The development of proposals to revise CQC’s strategy The development of improvement to business processes for registration of providers The development of improved measures and improved management information The development the Quality and Risk Profile (QRP) The development the provider profile The development of proposals and processes to enable CQC to discharge new or modified functions – the Future of Care programme The programme to deliver the action plan to address External Scrutiny The development of proposals, supporting processes and tools for joint working with other bodies Proposals and the implementation of structural change or changes to pay and grading arrangements Arrangements for the formal governance of and coordination of corporate programmes and projects Page 10 of 12 Terms of reference approved by ET 8th May 2012 Agenda Item: 10 Paper No: CM/02/12/09b EVALUATION 4. The criteria for the success of the Corporate Change Committee will be: Effective co-ordination and prioritisation of CQC’s programmes and projects Adverse impacts to “business as usual” from new projects are identified, minimised and managed effectively ACCOUNTABILITY 5. The Committee is accountable to: The Executive Team Through the Executive Team, the Board. 6. The Chair of the Committee will be accountable for ensuring that the recommendations to the Executive Team reflect appropriate consideration of: a. Equality, Diversity and Human Rights b. Staff Development c. User Involvement d. Resources (money, staff, information and IT) e. Value for Money f. Evaluation g. Public Reporting h. Environmental i. Legal/Governance j. Corporate priority k. Risks/interdependencies l. Customer services 7. The Chair of the Committee will be responsible for ensuring that the Committee in its operations adheres to and delivers the relevant requirements and outcomes of the CQC Corporate Governance Framework CONSTITUTION Membership 8. The following constitutes the standing membership: Deputy Chief Executive (Chair) Director of Human Resources Head of Performance & Planning Head of Operations Improvement Head of Communications Delivery Head of Future of Care Programme Head of Quality & Risk Profiles A Deputy Director of Operations Head of Governance Quorum Page 11 of 12 Terms of reference approved by ET 8th May 2012 Agenda Item: 10 Paper No: CM/02/12/09b 9. The quorum for a meeting is at least 50% of the membership, one of whom is the Chair (or the Chair’s nominated deputy). In attendance 10. Other officers may be invited to attend for discussion of items relevant to their responsibilities. Frequency 11. The Committee will usually meet monthly. Additional meetings may be called by the Chair if necessary. Support 12. Secretariat support is provided by the Corporate Secretariat. GOVERNANCE 13. The Committee is a committee of the Executive Team. It makes recommendations to the Executive Team. 14. The Chair will present a regular written report to the Executive Team meeting, following each meeting of the Committee, detailing key outcomes and decisions and escalating any issues requiring decision by the Executive team, with recommendations. This report will provide also assurances that the Committee has discharged its governance functions. 15. The Committee operates within the Commission’s Scheme of Delegation, ensuring that appropriate issues are referred to the Executive Team, or the Board, as set out in the Scheme (see attached link) http://intranet.cqc.local/CQCIntranet/about-cqc/governance/chairman-andboard.aspx#schemeofdelegation Page 12 of 12