Written question asked by David Kidney (Labour) on Thursday, 7 May 2009, in the House of Commons. It was due for an answer on Monday, 11 May 2009. It was answered by Ben Bradshaw (Labour) on Monday, 18 May 2009 on behalf of the Department of Health.

Mid Staffordshire NHS Foundation Trust

Question: To ask the Secretary of State for Health what recent guidance his Department has issued to Mid-Staffordshire NHS Foundation Trust on the exercise of the statutory powers of the trust's governors; and if he will make a statement.

Answer: The statutory powers of an NHS Foundation Trust's board of governors are set out in the National Health Service Act 2006 (c41) Schedule 7 —"Constitution of public benefit corporations".In general, the governors of a foundation trust are expected to represent the interests of the membership, and to act as a bridge between the Board of Directors and the membership. Governors must act in the best interest of the trust, and hold the board of directors to account for the performance of the trust. This includes reviewing the annual report and accounts. The governors have a legal duty to appoint the non-executive directors and chair of the trust, and are responsible for appointing the external auditors.It is for the governors of an NHS Foundation Trust, acting on behalf of the trust's membership, to consider whether and when to act in accordance with their legal powers. The Secretary of State does not have a power of direction. NHS Foundation Trusts were established to increase the level of local accountability and the Department has not issued any guidance to Mid-Staffordshire NHS Foundation Trust on the exercise of the statutory powers of the trust's governors.A written ministerial statement on Mid-Staffordshire NHS Foundation Trust was issued on 30 April 2009 in response to the reports of the independent reviews undertaken by Professor Sir George Alberti and Dr. David Colin-Thome.

Secondary information