Response form for consultation on draft compliance notice

Transcription

1 Response form for consultation on draft compliance notice Consultation closing date: 10 October 2018 Name of body: Powys Teaching Health Board The Welsh Language Commissioner ( the Commissioner ) is consulting with the body ( you ) on the contents of your draft compliance notice in accordance with section 47 of the Welsh Language (Wales) Measure 2011 ( the Measure ). You should consider the contents of the draft compliance notice alongside the Welsh Language Standards (No.7) Regulations 2018 ( the regulations ). If you do not participate in the consultation, this does not prevent the Commissioner from issuing you with a final compliance notice. The Measure 1 notes that it is your responsibility to show that the requirement to comply with a standard, or to comply with it in a particular respect, is unreasonable or disproportionate. On the basis of evidence received as part of this consultation, the Commissioner may impose other standards included within the regulations that have not been imposed within the draft compliance notice. 2 Please return this form together with any other further information to compliancenotice@welshlanguagecommissioner.wales by the above closing date. The response form has been divided into two parts: 1 Section 57(2) of the Measure 2 A draft compliance notice is the notice given under section 47 of the Measure

2 Part 1: Confirming whether or not you carry out an activity Before determining the contents of your compliance notice under section 44 of the Measure, the Commissioner wishes to receive further information and/or evidence in relation to specific standards and the degree in which you carry out or are likely to carry out an activity. Please complete the column on the right. Activity Receiving inpatients Standard(s) Do you undertake the activity or are you likely to undertake the activity? Please place an x in the appropriate box Yes already undertake the activity Service delivery Holding case conferences Use of social media Awarding of grants (including e.g grants for charities) Awarding of contracts (including e.g enquiring about quotes) 25 Yes already undertake the activity Yes already undertake the activity Yes already undertake the activity Yes already undertake the activity

3 Policymaking Operational Offering educational courses Making decisions in relation to providing primary services Using Welsh within the body s internal administration. Particularly, the body s use of ESR for the purposes of standards (and others if relevant) and the body s responsibility in relation to that system. Recruiting and appointing. Particularly, the body s use of NHS Jobs and Trac Jobs systems (and any other relevant systems) and the body s 63 Yes already undertake the activity 78-78A Yes already undertake the activity (and others) Please provide comments here regarding your responsibilities towards the ESR system and the standards affected by that system. Please provide comments here regarding your responsibilities towards these recruiting and appointing systems and the standards affected by those systems.

4 responsibilities in relation to those systems. Carrying out clinical consultations Audio announcements in the workplace A Yes already undertake the activity 114 Yes already undertake the activity Comment box for any additional information from you:

5 Additional questions by the Commissioner: Operational Standards The Commissioner understands that some arrangements are in place between Powys Teaching Health Board and the community health councils (CHCs) which deals with the way in which the CHCs are operated. After considering the situation further following the individual discussions as well as receiving legal advice, the Commissioner does not have sufficient assurance regarding the relevance of the operational standards to the CHCs. As a result, the Commissioner is eager to receive confirmation on the situation by virtue of this consultation and therefore there are a series of questions below for you to consider and respond to. It should be noted that similar questions have also been sent to all of the CHCs. 1. Can you please confirm whether or not persons working for community health councils (CHCs) are considered to be employees of Powys Teaching Health Board? 2. Likewise, can you please confirm whether or not persons working for CHCs are considered to be members of staff of Powys Teaching Health Board? [If persons working for CHCs are considered to be the employees and/or members of staff of Powys Teaching Health Board, then you should consider that those persons come within the scope of the operational standards which refer to those terms like any other employees/staff working directly for the Health Board. You should consider this when responding to the reasonableness and proportionality of those standards.] 3. Do you know whether the contract of employment of a person working for a community health council is made between the person and the community health council or between the person and Powys Teaching Health Board? If possible, it would be useful to receive a copy of a template please. 4. Does Powys Teaching Health Board have any involvement and/or responsibility in the process of appointing members to the CHCs? 5. Does Powys Teaching Health Board have any other responsibilities over the CHCs, for example accommodation?

6 Part 2: The reasonableness and proportionality of the standards Please note in this part of the form any standard(s), included within this draft compliance notice (if any), which you consider to be unreasonable and/or disproportionate. If so, please provide reasons and/or evidence to support your position. Where appropriate, you should note whether varying the requirement in accordance with section 44(2) of the Measure (see examples below, such as imposing a different imposition day or imposing another standard relating to the same activity) would make it a reasonable and/or proportionate requirement. You are also welcome to attach any additional materials separately should you wish. Some standards are reliant on each other. The regulations include tables (in Part 2 of Schedules 1 and 3) to accompany the service delivery standards and operational standards. These tables note which other standards need to be imposed when a particular standard is included in a compliance notice. Standard Supporting reasons and evidence for why you are of the opinion that the standard is unreasonable or disproportionate e.g. Standard 22 Would varying a requirement to comply with a standard make it reasonable and/or proportionate? e.g. introducing the requirement at different times, in different circumstances or in different areas, or imposing another accompanying standard relating to the same activity. You should note what these are and the numbers of any relevant standards, noting all supporting reasons and evidence you consider relevant. e.g. Imposition day of 12 months rather than 6 months. A longer imposition day for a particular department within the organisation.