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Local Government and Public Involvement in Health Bill

moved Amendment No. 209A: 209A: Clause 228, page 161, line 43, at end insert— ““( ) Subsection (1) shall not apply to a foundation trust where the board of governors is in place.”” The noble Baroness said: My Lords, the noble Baroness, Lady Meacher, has been called away from the House and sends her apologies. I shall speak to her amendments, which of course I support. The context in which the amendments have been tabled is the rising proportion of hospital, mental health and ambulance care provided through foundation trusts, which was amply outlined during Second Reading. I do not want to repeat the arguments here that the noble Baroness spoke to then, but I remind the House of one or two key issues. I declare an interest as a board member of Monitor, the regulator of foundation trusts, and in the light of Monitor’s strong support for the Government’s wish to give practical expression to the very important role of foundation trust governors, in particular, but also the wider trust memberships’ engagement in their local hospitals and services. Each foundation trust has now some 10,000 or more members, any of whom may seek information from the trust. Also, every foundation trust will have a board of governors of some 40 members, many of whom will be service users, patients, carers, members of the public and staff. I draw to the attention of the House that there are currently in excess of 800,000 people serving in these roles, and we expect within three years or so to have more than 2 million governors and members engaged in interest in their local NHS services. The boards of governors have powers and duties in relation to the future planning of the trust, the annual report and accounts, appointing and possibly firing the chairman and non-executive directors, and the very important role of acting as a communication link between the board and the local community. The board of governors will be given considerable information on the work of the trust. Foundation trust boards need to ensure that governors are fully informed so that they can undertake their functions effectively, yet informed in such a way that does not divert resources excessively from patient care. It cannot be in patients’ best interests for two organisations with a mass membership and core group to be working alongside each other purporting to represent the interests of patients, carers and the community and seeking information to undertake their representative role. The potential for overload and confusion within the acute hospital, mental health and ambulance services is obvious. We hope that the Minister will assure the House that we will find some way to ensure that such duplication is avoided, while overall giving strong support to the improvement that LINks provide over what went before. This is a very important issue. As to the second amendment, obviously LINks will want to visit wards and community facilities, as do foundation trust governors and, on occasions, members. But governors, in particular, will want to challenge their boards if they have concerns. I am sure that just as the Mental Health Commission successfully visits unannounced, so will the governors of foundation trusts choose to make unannounced visits. We would have concerns if some of these ways and means of members and governors involved in a trust are again duplicated by LINks. I hope the noble Baroness will be sympathetic to the confusion that we see arising if these matters are not clarified as the Bill passes through the House. I beg to move.