The Director of Public Health presented the report which proposed revised terms of reference for the Board, which aimed to reflect the areas of responsibility and ways of working that governs the Board in the future. It was noted that the basis of the revised terms, had arisen from some slight changes in legislation and guidance also from feedback gained from the Board members themselves following their facilitated development session.

In considering the report the Board were in general support of the proposals. However an amendment was moved by Dr Freeman that the Board chairmanship should move way from being solely chaired by the Cabinet Member for Adult and Social Care. Instead it was proposed to have a co-chair scenario with the current Chair sharing the chairing jointly with the Chief Officer of the MCCG. In putting the amendment forward it was noted that he believed that majority of other Health and Wellbeing Board across London were co-chaired in that way. The amendment was then seconded.

In response to this it was highlighted that as this option had been mooted during the brainstorming session, officers had sought some general advice as to whether it would be possible. The advice received was that constitutionally it was felt unlikely to be possible due to the executive nature of the Board and possibly a change to constitution would be required. However having a named vice chair would certainly be possible. It was suggested that further advice be sought on this matter and the decision over chairmanship be brought back to the next meeting of the Board. Dr Freeman replied that as the amendment had been a moved and seconded, a vote was required and if agreed, unless it was proven to be illegal to have a co-chair then it should occur.

The Board then voted on the amendment which was carried, that subject to any legal reasons to the contrary the Health and Wellbeing Board was to be Co-Chaired by the Cabinet Member for Adult and Social Care and the Chief Officer of the Merton CCG.

RESOLVED

1)     That the Board agrees to the proposed new governance arrangements and Terms of Reference for the Health and Wellbeing Board, including that the Board be Co-Chaired by the Cabinet Member for Adult and Social Care and the Chief Officer of the Merton CCG.

2)     That the Board agrees to seek approval from Cabinet for the new governance arrangements and Terms of Reference for the Health and Wellbeing Board.

3)     That Officers investigate, prior to the report going to Cabinet as to the legality of having Health and Wellbeing Board being Co-Chaired.

Note by the Head of Democracy Services

Following a discussion after the meeting between Officers from the Council and the Merton CCG, it was jointly agreed that it would be more appropriate that the recommendation for Co-Chairing should be the Chair of the CCG rather than the Chief Officer of the Merton CCG. As such the proposal was included in the Health and Wellbeing Board’s Terms of Reference that was put before Cabinet for their ratification:

‘that, subject to a legal reason to the contrary that the Health and Wellbeing Board was to be Co-Chaired by the Cabinet Member for Adult and Social Care and the Chair of the Merton CCG.’