What are the main additions or changes to the content of the model constitution and why?
The sections containing the most change are:
- Funding: new content in this section is in response to questions from LOCs about what is permissible in terms of other sources of income; what a good end-of-year accounting/reporting process looks like; and what is permissible in terms of reserves.
- Delegation: this is added to make it clear that LOCs can embed delegation as a means of increasing capacity; this was an issue that came up lots in the listening exercise events.
- Compliance: this brief section will be supplemented with a schedule to support LOCs with regulatory compliance on matters such as GDPR and the equality act; again, this was raised in the listening exercise.
- Suggestion and requisition notices: this is added to assure constituents that they have mechanisms to engage the LOC; this is a measure that supports good governance and is generally good practice reflected in other constitutions of similar bodies.
- Boundary changes and mergers: this is added to help clarify change processes and is informed by work currently ongoing with a few LOCs that are merging or considering merger.
Could LOCSU provide a ‘plain English’ Model Constitution?
The formal tone of the draft constitution is to ensure it is consistent and compliant with legislation, regulation, and good governance. LOCSU recognises this is not the most accessible language and has produced a plain English version which can be found here. Please note that you will need to log into the members area of the LOCSU website to view this link.
How long does it take to complete the full online survey?
The survey will take about an hour to complete, when inputting the answers online. This does not include preparation time, reading the constitution and deciding your answers with LOC colleagues.
How will LOCs secure ‘recognition’ for their new constitutions from commissioners? Will LOCSU help?
LOCSU will offer support to LOCs to help secure ‘recognition’ by commissioners (ICBs), including providing a template letter. LOCSU will also offer to lift all administration from LOCs by writing to ICBs and/or NHSE on behalf of LOCs to seek appropriate ‘recognition’.
Why is there no description of who can be on the committee?
This measure is in response to feedback from the listening exercise and LOC drop-in sessions about the need for flexibility and problems with the rigidity of the current constitution. Schedule 2 will include eligibility criteria that will be fixed, such as the regulatory requirement to be an NHS contractor and/or performer. The schedule will also include other elements that can be determined by the LOC, such as the length of terms, number of co-opted members, and representation of the local area/contractor population. Where a number should be specified, such as the number of LOC members, the schedule will specify a range (minimum and maximum) for the LOC to decide.
Why does the draft constitution suggest an accountant must verify the accounts?
The measure is designed to assure LOC constituents and stakeholders. Feedback from LOCs in the LOC drop-in events has highlighted the use of an accountant may be challenging or disproportionate for some LOCs. If you have specific questions, concerns or ideas about accountants and account verification (including alternative suggestions to provide assurance to constituents) please share them through the consultation process. LOCSU will listen to the feedback in the consultation exercise, and this may be subject to change.
The constitution refers to other policies, such as GDPR – will LOCSU provide support with these policies?
LOCSU already provides templates. These will be reviewed once the constitution is finalised and, where necessary, new templates will be produced, and current templates updated.
In the outlines of the draft schedules, why are some words underlined and some not?
This is a formatting error. The content in the schedules is very draft and is included to give an idea of the planned content so that when LOCs are reviewing the first part of the constitution you have a sense of what will support it.
How will the flexibility work in practice – in the schedules?
LOCSU will work with LOCs to coproduce template schedules that will include some fixed detail and some detail that LOCs can edit to take account of their needs and local circumstances. For example, where a number is needed, such as the number of people on the committee, the template will suggest a range of smallest to largest for each LOC to self-determine what works for them (taking account of differing sizes of LOC areas).