Health & Social Care

The Health and Social Care (Reform) Act (Northern Ireland) 2009 undertook a substantial reform of the health and social care system in Northern Ireland. It sought to put in place patient-led and patient-centered structures. The Act provides a framework for the revised health and social care structure.

The legislation provides for the restructuring of the administration of health and social care services. The Health and Social Services Councils; the Central Services Agency; the Health and Social Services Boards; and the Mental Health Commission are to be dissolved. Health and Social Services trusts are to be known as Health and Social Care trusts. Special health and social services agencies are known as special health and social care agencies, and the Health and Social Services Regulation and Improvement Authority is to be known as the Health and Social Care Regulation and Quality Improvement Authority.

The general duty of the Department is defined in relation to health and social care. It has a duty to provide an integrated system of health and social care designed to secure improvement in the physical and mental health and social well-being of the people of Northern Ireland. It has a duty to develop policies for reducing health inequality. The Department has general powers to provide for and secure the provision of health and social care as it considers appropriate in the discharge of its duty.

The Department must determine from time to time and where appropriate, revise priorities and objectives, in relation to the provision of health and social care. It must consult the appropriate bodies and persons in doing so. The Department may give directions without consultation, where this is necessary due to circumstances of urgency.

The Department is to prepare a framework document. It is to set out the main priorities, objectives, guidance on matters for each health and social care body in relation to its function. The document must be reviewed from time to time and revised where necessary.

The Department has the power to give general or specific directions to the Regional Health and Social Care Board, the Regional Agency for Public Health and Social Well-Being, and the Regional Business Services Organisations, in relation to the manner in which they discharge their functions. The Department must consult with them prior to issuing directions. The Department may give directions without consultation where this is urgently necessary.

The Regional Health and Social Care Boards, Regional Board are established. Its constitution is set out with provision for committees, subcommittees, finance accounts, and corporate governance.

The functions of the Regional Board are set out as those transferred from the existing Health and Social Services Board and any other functions which it is directed to exercise by the Department.

The Regional Board is to appoint local commissioning groups. These groups are to have regard to improving the health and social well-being of people in their areas. They are to improve the availability and quality of health and social care in their area.

The Regional Board may give direction and guidance to the health and social care trusts in relation to how they should discharge their functions. Where the trust fails to take account of its guidance, it may issue directions in relation to the manner in which functions are to be discharged. Health and Social Care trusts are to provide information and reports to the Regional Board on their functioning.

The Regional Agency for Public Health and Social Well-being is established. There is provision for committees and sub-committees, finance, accounts, and corporate governance, generally.

The Regional Agency for Public Health and Social Well-being is established. It functions in the area of health improvement and health protection. It must cooperate with other bodies, exercising functions in this area.

The Regional Business Services Organisation was established and its corporate governance is set out. Its functions are set out, and it is obliged to put in place arrangements to secure services in an efficient, most efficient, economic, and effective way.

The Patient and Client Care Council is established. Provisions for its corporate governance are provided, including its members, staffing, etc. The Patient and Client Council is to represent the interests of the public, promoting involvement of the public, providing assistance to individuals making or intending to make complaints in relation to health and social care, and promoting provision by the Department and health and social care bodies of advice and information to the public about commission and delivery of health and social care.

The Council is to carry out research of the best methods for consulting with the public, involving them in health and social care, and providing advice to other bodies. The health and social care bodies are to cooperate with the Patient and Client Council in carrying out its functions. The health and social care bodies must have regard to advice provided by the Council relating to their functions.

The Department, Regional Health and Social Care Board, Regional Agency, Health and Social Care trust, and special agencies and special agencies are obliged to provide information about health and social care for which they are responsible and to seek the views of the public and recipients of their care services, directly and through representative bodies. The health and social care bodies are to prepare a consultation scheme.

The Department, Regional Health and Social Care Board, Regional Agency for Public Health and Social Well-Being, Health and Social Care trust, and special agencies must show in their consultation schemes what arrangements are in place to consult with Patient and Client Council and recipients of care.

The consultation scheme must prepare a written statement summarizing comments received and setting out responses to those comments. There is a duty on HSC trusts to seek to improve the health and social well-being of and reduce health inequalities between those for whom it provides health and social care.

The Department and health and social care bodies may form, participate in, public-private partnerships to provide facilities or services for the promotion or provision of health and social care.