Issue - items at meetings - Brighton & Sussex University Hospitals Trust (BSUHT) Foundation Trust Application

Report of the Director of Strategy and Governance on BSUHT plans to become an NHS Foundation Trust (copy attached). Duncan Selbie, Chief Executive of BSUH, and Mary Goode, Deputy Company Secretary of BSUH, will present this item.

22.1    This item was introduced by Alex Sienkiewicz, Company Secretary of Brighton & Sussex University Hospitals Trust (BSUHT).

22.2    Mr Sienkiewicz told members that current plans for the Foundation Trust Board of Governors did not include emergency service representation (other than from the South East Coast Ambulance Trust), although final decisions on the trust governance structure had not yet been made.

22.3    In response to a question regarding whether current BSUHT Non-Executive Directors (NEDs) would be re-appointed as NEDs for the Foundation Trust, members were informed that, where possible, the trust did intend to retain its NEDs in order to ensure continuity during the transfer to Foundation Trust status. To this end, extensive training was being arranged for the current NEDs. In addition, recent appointments to the BSUHT board had taken account of the Foundation Trust application, with NEDs being sought who were able to cope with the demands of taking responsibility for a Foundation Trust.

22.4    In answer to a query about whether the proposed Foundation Trust would have both its Board of Governors and its Board of Directors chaired by the same person, Mr Sienkiewicz told members that this would indeed be the case, as this was a statutory requirement for Foundation Trusts. Although there was a potential clash of interests here, the trust was confident that problems could be avoided, particularly via the publication of clear procedures in the Standing Orders for both boards (which will form part of the planned Foundation Trust’s constitution).

22.5    Mr Sienkiewicz told the committee that NEDs are currently appointed to NHS trusts by a nationally run Appointments Commission. However, when BSUHT becomes a Foundation Trust, then the trust Governors will appoint NEDs. Current NEDs with time left to serve will ‘roll-over’ to the initial FT Board of Directors for the duration of their terms.

22.6    RESOLVED – That BSUHT’s approach to its Foundation Trust application be approved by the committee.