65th Meeting of the Board of Directors Thursday 12th January 2012 3.00pm Boardroom, Pinewood House Board of Directors Dave Mellish Archie Herron Anne Taylor Sally Jacobson Paul Ward James Kellock Seyi Clement Steve James Stephen Firn Helen Smith Ify Okocha Wilf Bardsley Ben Travis Simon Hart In attendance Estelle Frost (For Item 15) Ann Rozier Keith Soper 1. 2. Chair Vice Chair & Non-Executive Director Non-Executive Director Non Executive Director Non Executive Director Non Executive Director Non-Executive Director Board Advisor Chief Executive Deputy Chief Executive & Director of Service Delivery Medical Director Director of Nursing & Governance Director of Finance Director of HR & Organisational Development Director, Older People Mental Health Services Trust Secretary & Head of Governance Head of Compliance Apologies for Absence None. Minutes of the Board of Directors Meeting held on the 1st December 2011 The action associated with DM and SF on page 1 should be regarding the Staff Performance Award. The action relating to Crayford Day Centre should have HS’ initials alongside it. Noting these amendments, the Minutes were agreed as an accurate record. Matters Arising Item 3 Staff Performance Award. The letter was sent to staff before Christmas. The small number of responses supported and understood the decision. It was noted not all Non Executive Directors had received a copy of the letter. This will be circulated again. Item 3 Crayford Day Centre. Commissioners have confirmed the Trust is on one years’ notice (to September 2012) to vacate the centre and have also committed to review the service alongside a similar service provided by MIND before deciding the future model of provision. The Trust is making plans on the assumption the service will be closing. Item 6 Tenders. SJ asked whether any additional feedback had been received following the unsuccessful Greenwich UCC tender. Further detailed feedback had not been received. The Hurley Group was the successful bidder. Item 11 Hard Facilities Maintenance Contract. Further to the agreement to award the tender to Norland at the previous meeting, SF detailed the two options available to the Trust. Option 1 is for planned preventative maintenance only. The cost of this is £335k. Option 2 includes planned preventative maintenance plus reactive works up to the value of £500. Any works exceeding £500 will be chargeable to the Trust, minus the contribution of the first £500. The total cost for Option 2 is £467k. The recommendation from the Director of Estates and Facilities is the Trust takes up Option 2 since it provides a known cost ceiling and significantly reduces invoicing. This includes an option to review at the end of year one. The Board agreed with the recommendation to take up Option 2. Action Noted Agreed AR 1 3. Minutes of the Board of Directors Away Day held on the 24th November 2011 StJ and Sally Brydon had been omitted from the attendance list. Noting these amendments, the Minutes were agreed as an accurate record. Chief Executive Strategic update Services coped well over the Christmas and New Year holiday period, demonstrating good planning. Two serious incidents occurred; a suicide and an unexpected death. Planning for the impact of the 2012 Olympics is continuing. The existing Olympic Planning Group is now chaired by the Director of Estates and Facilities to provide senior scrutiny and oversight. The Group is focusing on risks and required mitigation actions. There will be particular challenges in respect of travel and transport. This has the potential to impact on community teams. Plans are being developed to ensure our ability to deal with emergencies (s135 and s136) is not affected. The Trust is in close liaison with the emergency services and has links with the police planning group. Action Agreed KS Noted AT - There will be significant road closures in Greenwich. SF - GCHS undertake 500 home visits per day. We need to ensure services are maintained. DM - Police leave has been cancelled over the period of the games therefore we also need to consider the possible reduction in cover after the games have ended. 4. The next Senior Staff Event is on 25th January 2012. Confirmed speakers are Sue Slipman, Chief Executive, Foundation Trust Network and Chris Ham, Chief Executive, King’s Fund. Actions from the Board away day A draft marketing strategy has been produced. This takes account of the contents of the SWOT analysis and Ansoff’s matrix completed at the away day. The key elements of the draft marketing strategy are: 1. Action to strengthen marketing structure and capacity. This includes the establishment of a Marketing Group, to be chaired by the Chief Executive. The group will report to the Performance Committee. Also included is a dedicated team to project manage tenders and enhance relationships with commissioners. 2. Action to improve our understanding of the market and our competitors, including independent market research. 3. Action to improve our understanding of GP and commissioner views of Oxleas, including research on GP and commissioner perspectives and how we need to adapt our processes and practices. 4. Action to increase awareness of Oxleas and our broad range of services. This will include branding and marketing campaigns. Noted The Trust Organisational Development Strategy has also been updated and expanded. The revised document builds upon the human resources and workforce elements and links closely with work streams including community services transformation; service development strategy; IT strategy; budgetary framework; and the emerging marketing strategy. PW - The marketing strategy needs to be based on the future service portfolio, both in terms of breadth of services and geographical spread. The strategy also needs to consider the organisation’s appetite for risk. 5. The executive team will develop these strategies prior to further discussion at the Board meeting on 2nd February 2012. SF invited PW to support the drafting of the document. NHS Operating Framework The NHS Operating Framework sets out the planning, performance and financial requirements for NHS organisations and the basis on which they will be held to account. Key themes - There are four key themes for NHS organisations in 2012/13: 1. Putting patients at the centre of decision-making 2. Completing the transition to the new system, building the capacity of emerging Clinical Commissioning Groups (CCGs) and supporting Health and Wellbeing Boards 3. Increasing the pace of QIPP (the Framework requires cost improvement Noted 2 Action programmes to be agreed by Medical Directors and Directors of Nursing, involve patients in their design and include in-built assurance of patient safety and quality) 4. Maintaining a strong grip on service and financial performance Priority areas - The Framework notes the following areas will receive particular attention in the coming year, all of which are relevant to the Trust: Dementia and care of older people Carers Military and veterans’ health Health visitors (the national programme to increase health visitors will provide an additional 24 health visitor posts in Greenwich, but none in Bexley and Bromley) An outcomes approach - The NHS Outcomes Framework has 5 domains and 60 indicators and sets out the improvements against which the NHS Commissioning Board will be held to account from 2013/14. The domains are: Preventing people from dying prematurely Enhancing the quality of life for people with Long Term Conditions Helping people to recover from episodes of ill health or injury Ensuring people have a positive experience of care Treating and caring for people in a safe environment and protecting them from avoidable harm BT - PCT allocations are up by 2.8% although they have been advised to hold back 2% for organisational change and efficiency schemes, such as reducing hospital admissions. CQUIN value has increased to 2.5% from the current 1.5%, IO - CQUINs will be more closely linked to action rather than recording and counting. This is likely to require some investment to be able to achieve agreed CQUINs. PW - Useful to consider opportunities to capitalise on the integrated delivery of physical and mental health care. AT - Are we using information technology sufficiently to communicate with our patients and provide access to their records? WB - Text reminders are in use in some services. IO - There is evidence such reminders reduce did not attend (DNA) rates. In addition, technology could be used to remind people to take their medication. 6. 7. The Chair commended HS on the summary document and the inclusion of carers needs in the Framework. Social Enterprise Company – Employment Work on the project is continuing at a manageable pace. BT stated the proposal feels more relevant than ever following the inclusion of two measures relating to employment in the new NHS Outcomes Framework. DM - We need to be mindful of our relationships with third sector colleagues. IO - It is possible this could support the achievement of a relevant future CQUIN. Key Performance Indicators Report – November 2011 The Trust remains on track with Monitor targets. The median arrival to treatment time at the urgent care centre is above the target of 60 minutes at 72 minutes. The data is being reviewed to determine whether there are particular times during the day / week when waiting times increase. This is not a Monitor target but Monitor requires the Trust to report the indicator to the Board. Noted Noted IO - Currently the treating clinician does not know the length of time patients have been waiting. A new form is being introduced, completed in triage, which will clearly state the time by which the patient must be seen. This will be available to the treating clinician. Occupancy rates at Step Up Step Down and the Bevan Unit have increased. Two income generating patients were admitted to Atlas House. 3 Action StJ - The did not attend (DNA) rate for the LAC service in Greenwich is variable. 17% is high for a vulnerable client group. HS - Overall numbers are small hence the percentage changes. The Trust has appointed a specialist nurse to support the service. Improvement is expected within three months. AT - Do we always know the current address? HS - A number of the children do not reside in the borough because of being placed with foster families out of the area, however it remains our responsibility. 8. 9. 10. The Board agreed to sign the Monitor declaration in relation to targets and indicators. Director of Service Delivery Report The Trust clustered 92% of the caseload by the December deadline. The target was 100%, however there is no penalty associated with non-achievement. A ministerial visit from Paul Bairstow MP reviewed the education and training programme provided to care homes on the management of dementia and challenging behaviour. The project aims to reduce referrals to secondary mental health services and admissions to hospital. It also aims to reduce recourse to anti psychotic medication. A bid has been submitted to extend the work. The Trust also received an award from NHS London for the best ‘tweet’ at Christmas. SJ - Congratulations to CAMHS on receiving the first London Safeguarding Board award for the Bexley and Greenwich Non Violent Resistance Programme. JK - Congratulations to GCHS on progress against the UNICEF Baby Friendly Status. AH – Are we confident we have the management capacity to deliver prison healthcare services to Eastern and Coastal Kent? SF - Management capacity and assignment of duties would need to be reviewed should the bid be successful. Finance Report The Trust remains on track to exceed the Monitor financial plan. Up to the end of November the surplus stood at £2.5m, with the underspend in Greenwich Community Health Services (£2m) being the main reason. Cash levels are £5.5m above plan as a result of overall better financial performance and a significant commissioner payment received in advance. The Trust’s Monitor rating stands at 4.3 against a plan of 3. The Trust remains below target in respect of CRE targets, with just under £1m of a total of £7.5m still to be identified. AH - Bad debts are higher than plan due to a more aggressive process to write off debts. JK - What are the plans for CREs for 2012/13? BT - Expectation is the overall target will be similar to that in 2011/12. Services have known about the requirement for CREs for some time and have been developing schemes. These will be signed off by March 2012. AT - Has there been any progress with the SLHT rent dispute? BT - It is still unresolved therefore a provision remains in the accounts. Fraud investigation The Trust’s Local Counter Fraud Specialist (this service is sub-contracted to Deloitte) conducted initial investigations into the alleged fraud. Deloitte have handed all aspects of the investigation over to NHS Protect, the national organisation responsible for counter fraud in the NHS. NHS Protect are conducting both a criminal and a financial investigation. The Trust has advised Monitor. There has been no media interest. Before the police can take the decision on whether to charge the individual, further evidence and paperwork is required covering the whole period of the alleged fraud. SJ - Recommend the language in the fraud update paper be revised to ensure the fraud is described as alleged. Agreed Noted Noted Approved BT JK presented the KPMG independent review of the arrangements in relation to patients’ monies commissioned by the Trust. The KPMG review was received by a Board level panel consisting of: 4 Action Chair: JK, NED and member of the Audit Committee Deputy CEO Director of Finance The panel recommends to the Board that all 21 recommendations set out in the KPMG report and the 4 further recommendations made by the panel are accepted. JK - Recommendation is that a project group approach is adopted to take the recommendations and actions forward. SC - The report highlights a lack of control and knowledge by the Finance department. BT - The system was not designed correctly to detect the alleged fraud. Services generally followed the established processes but there was an absence of proper oversight. AH - It should be noted that it was the Trust that lost money, not patients. BT - We will be required to include an explanation for the variance in the governance statement within the annual accounts. AH - The Trust met with internal auditors on 10th January 2012 to express dissatisfaction with the level of scrutiny and negotiate recompense. A decision is expected shortly. BT - Immediate action has already been taken in respect of the following issues: All cash ordering is now undertaken by the central Finance department. Spot checks are in place to check petty cash levels. Payments received from councils are now made direct to the Oxleas main account. 11. The Board agreed the recommendations and the project group approach. Workforce Report – November 2011 Sickness Absence - Sickness absence in November is recorded as 4.59%. This is a marginal increase on the figures for October but remains low compared with previous years. Older Age and Greenwich Community are reporting high levels of absence. Vacancy & Turnover - Vacancy rates have reduced to 9.30%. The lowest vacancy rate is in Acute and Crisis services (8.2%) and the highest is in ALD (14.6%). Vacancies are being held prior to reconfigurations and CREs. Turnover remains at an overall low level. PDR uptake - Overall Trust compliance is 72%. This represents a 1% improvement on the position at the beginning of December. Bexley Community Services is the highest at 88% compliant and Greenwich Community Services the lowest at 58%. Both Bexley Community Services and Older Peoples directorates have met the 80% target. In order to achieve the target of 80% an extra 260 PDRs are required to be completed. National Staff Survey - The 2011 national staff survey closed in December. The Trust response rate was 56%. Initial data is expected in February and the full CQC report published in late March 2012. Bank and Agency Usage - The data issues reported at the beginning of December in relation to the new bank and agency system have not yet been resolved and so we are not yet able to report with confidence on the overall numbers of bookings made in December. AT - The number of staff listed as working at Banbury House appears very large. SH - This is because all mental health complex needs community teams are associated with this CQC registered location. SJ - PDR uptake is still not improving at the required rate. SF - Service Directors have been advised that further action is required to improve performance. SH - This is a performance management issue. StJ - We need to target messages to those who have not undertaken a PDR. AH - If it is not recorded on the system then it has to be assumed it has not happened. WB - The new recording system does allow for retrospective entry. PW - It appears there are particular issues in certain parts of the organisation and perhaps more support is required to change the culture. DM expressed the Board’s frustration at the lack of progress. SF proposed a stepped approach which would include formal performance management action. Agreed Noted SF/SH 5 12. Revalidation Software The Trust has been working with Mango Swiss to develop software to support medical revalidation in Oxleas. There has been significant interest in the product from other MH Trusts in London. It is proposed that a Joint Venture company is set up between Oxleas and Mango Swiss that would own, develop, and sell the software to other healthcare providers, with a view to maximising the financial return to the Trust. Oxleas would be the majority shareholder in the company and the Oxleas nominated director on the Board of the company would report to the Trust Board of Directors via the Performance Committee. The company would own the intellectual property. The proposed £40,000 loan to the company, to support software development and market the product, would be repaid to the Trust once profitable. Action Approved AR - Who will be the company secretary? SC - Further work needs to be done on the structure of the company. In addition, consideration needs to be given to dual directorships, directors and officers’ liability insurance, the role of trustees and standard consultancy agreements. StJ - We should not be put off by the work involved but do need to recognise any potential conflict of interests. SF - A concern is the potential reputational risk associated with a product that is delayed or fails to deliver what is required. IO - The software will not be showcased until it is fully operational. 13. The Board agreed to establish the new joint venture company and invest £40,000 in the development and marketing of the revalidation software. Older Adults Serious Incident Report This inquiry was commissioned by the Trust following the death of -- on 29th May 2011. -was a 64 year old married woman who had not used mental health services since 1992. On 26th April 2011 -- was brought to the Woodlands Unit for a mental health assessment and was admitted. --’s husband found his wife on the morning of 29th May 2011. The post mortem recorded the cause of death as: 1a Respiritaory failure 1b Citralopram, Propranolol and Alcohol poisoning Approved The panel was chaired by EF. Three main care and service delivery problems were found: 1. Incomplete understanding of mental state and associated risks 2. Planning of home leave not fully understood and well communicated 3. Management of medicines on the ward An action plan has been developed, led by senior staff. EF has met with the family and provided them with the general findings in advance of the approval of this report. PW - Is there any support the Board could give in respect of ensuring adequate consultant cover during periods of planned leave? SF - This has been discussed with the clinical lead who has provided assurances adequate arrangements are in place. PW - There also needs to be more help for families in the reduction of risks relating to suicide. JK - Do junior staff regularly conduct ward rounds when consultants are away? IO - It is variable but there is always cover and the ability to escalate. It is important to define the role of the covering consultant. DM - The two most senior clinicians would not be away at the same time? IO - Correct. StJ - How do we ensure progress against the actions from all Inquiries? WB - The last Patient Safety Group reviewed serious incident recommendations and has oversight of progress as well as producing a thematic analysis. Every inquiry is reviewed six months following closure. The Board approved the report and the recommendations. 6 14. Bexleyheath Serious Incident Inquiry Report DM introduced the item explaining a significant amount of work had been involved in the investigation and production of the report. Because the incident had been discussed in detail at the previous meeting the chair of the panel, PW, focused on the investigation findings. The panel investigated three main aspects of --’s treatment and care and found the following: 1. The original conditional discharge decision under Section 41 of the Mental Health Act in 2009. The decision was properly supported and the correct procedure followed. 2. The multi-agency care and treatment of -- from 2009 to the incident. There was much evidence to suggest the care provided was extremely good. -- was compliant with the conditions of her discharge. 3. The events 72 hours prior to the incident on 10 October 2011. There were some opportunities which may have reduced the likelihood of the incident occurring. Action Approved No single root cause was found but the following contributing factors were identified: The risk assessment, and consequent management plan did not adequately take into account --’s risk to others in the context of her previous forensic history and her evident relapse, nor was there adequate consideration given to the risk of her absconding. Nursing staff did not prevent -- from leaving Oxleas House and did not follow her. PW stated two meetings had been held with the family, which have been constructive. 15. AH – Would the general public agree the conditional discharge decision was correct. IO - It is more common for such decisions to be taken by a Tribunal. In this instance it was based on the recommendation of the psychiatrist and agreed by the Ministry of Justice. PW - There is evidence the decision was correct based on the improvements seen. The process followed was legally compliant. HS - The previous Tribunal hearing six months prior to the conditional discharge acknowledged the progress made and was aware discharge was imminent. DM - The point about the conditional discharge decision would carry more weight had there not been a gap of over two years between the discharge and the incident. SF - It is worth noting the reoffending rate from medium secure units is very low. JK - The report does not specifically state this could have been prevented had we acted differently and could appear defensive. SF - Staff in Oxleas House did not know -- had been brought in by police and did not consider her to be at risk of harming herself or others, or of absconding. It is the case that staff did not consider her forensic history and recognise the potential risk. JK - Can we check this detail in respect of police contact is in the report? SC - Did staff have access to RiO? PW - In Oxleas House, yes. The lack of availability in A&E was not a contributing factor. JK - The patient called her CPN four times without success when she was in need of help. PW - The patient had a clear crisis plan, which stated she should attend A&E when in crisis. HS - We will check there is a divert in place to the Bracton Centre. There would be no expectation the CPN would answer out of hours. JK - Could we not have held -- in Oxleas House. WB - -- had agreed to stay of her own volition. SJ - Perhaps the report should include detail of all the interactions with services to demonstrate the many contacts there were between conditional discharge and the incident. The Board approved the report and the recommendations subject to any late revisions agreed by the Chair. Quality Report – November 2011 QSIP (mental Health) – There is one red rated item following the reduction in section 132 compliance. QSIP (community health) – There are two red rated items, HPV immunisations and WB Noted 7 Action pressure ulcer reduction. This also threatens achievement of the related CQUIN. CQUIN (mental health) – Good progress has been made in complex needs and recovery services in ensuring GP discharge summaries are produced and sent. CQUIN (community health) – The systems in place for identifying and investigating pressure ulcers in community health services are sound, yet there is further work to ensure lessons are learnt. Potential mental health CQUINS for 2012/13 are to be mandated by NHS London, namely: Reduction in anti-psychotic prescribing in dementia Discharge of patients in cluster 11 to primary care Improvement of physical health in people with severe mental health problems Community CQUINS look set to include management of urinary tract infections and the reduction of pressure ulcers and falls. 16. SC - Disappointed in the reduction of Section 132 compliance. IO - Not due to increased activity and demonstrates the system is still not fully embedded. WB - Need to mandate Mental Health Act administrators to escalate in a timely manner. StJ - The 3% figure attributed to GCHS for the percentage of discharge letters sent by GCHS does not look accurate. Can this be validated and the mechanism used checked? Innovation with third sector partners should be considered as a potential CQUIN for 12/13. DM - This will be picked up at the next Board meeting in February 2012. Compliance Report – November 2011 The majority of indicators in the November Care Quality Commission Quality and Risk Profile remain similar to expected. There has been an overall increase in the number of indicators, both quantitative and qualitative, largely due to the inclusion of findings from Mental Health Act and Compliance Review visits. Provider Compliance Assessments completed within services cite infection control and cleanliness (Outcome 8) as the outcome where there is the greatest identified risk of potential non-compliance. Five out of the six locations where moderate action is considered to be required are within community services. IO Noted There continues to be a positive increase in the number of reported incidents. The introduction of Datix Web in two service directorates has been successful, with no reduction in reporting seen. The independent homicide investigation for JJ has been commissioned by NHS London. This will be a desktop review with selected interviews. 17. 18. 19. The review of the short breaks service at Wensley Close by Ofsted resulted in a ‘satisfactory’ rating. Verbal feedback from the inspector recognised the improvements the service had made. A follow up visit is expected in March 2012. Atlas House – Care Quality Commission Compliance Review Report Following the inspection by the CQC in October 2011 the service was deemed compliant with all reviewed essential standards. HMP Standford Hill – Care Quality Commission Compliance Review Report Following the inspection by the CQC in December 2011 the service was deemed compliant with all reviewed essential standards. Council of Governors update The meeting held prior to Christmas was positive, with support given to the proposed Annual Plan priorities. These will now be taken to borough focus groups in Bexley, Bromley and Greenwich prior to return to Board for formal sign off. Noted Noted Noted Next informal meeting of the Board of Directors 2nd February 2012, Bracton Conference Room I confirm that the minutes of Board of Directors meeting of 12th January 2012 are a true record Signed Date: Dave Mellish, Chair 8