(2) on how many occasions in the last five years local authority scrutiny panels, having considered complaints against NHS trusts, have referred matters to her Department.
Within the last five years, there have been 13 referrals from overview and scrutiny committees (OSCs) to the Secretary of State for Health. These are shown in the table.
OSC Date of referral South East Kent and Thanet Community Health Councils1 April 2002 Wiltshire OSC October 2004 Hampshire OSC January 2005 Merton OSC March 2005 South Gloucestershire OSC July 2005 Wirral OSC July 2005 Lincolnshire OSC July 2005 Surrey OSC October 2005 Cambridgeshire OSC February 2006 Suffolk OSC March 2006 Gloucestershire OSC March 2006 Calderdale and Kirklees Joint OSC April 2006 Hertfordshire OSC May 2006 1 Referral originally made under Community Health Council Regulations 1996.
The overview and scrutiny committee (OSC) has the power to refer decisions on substantial changes to the Secretary of State. This referral can be on the grounds of the following:
if consultation with the OSC has been inadequate; and
if the OSC does not believe the proposals for change are in the interests of the health service or local community.
Overview and scrutiny committees (OSCs) have powers set out in the Local Government Act 2000 to co-opt non-voting members onto OSCs. These co-opted members can be
a member of a committee of the county council or another local authority, for the purposes of relevant function of the committee in relation to the county council; or
a member of a committee of the county council, for the purposes of relevant functions of the committee in relation to another local authority.
This power enables county councils to co-opt members of OSCs from district councils to participate as full members of the OSC considering health services.
In addition to formal co-option, OSCs can ask people, such as members of patient forums, to participate in other ways, for example, by providing information to the committee, attending as an expert witness, or acting as an adviser to the committee.