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Maidstone Borough Council

External Overview and Scrutiny Committee

Tuesday 13 October 2009

Councillor Call for Action: Maternity Services in Maidstone

Report of: Acting Overview and Scrutiny Manager

1.      Introduction

1.1     Councillor Fran Wilson has raised a Councillor Call for Action (CCfA) in relation to the incompletion of the proposed removal of the full, consultancy-led maternity service at Maidstone Hospital.  The Councillor Call for Action Form is attached at Appendix A for information.

1.2     The following expert witnesses will be in attendance at the meeting for interview:

·         Steve Phoenix, Chief Executive, NHS West Kent;

·         Glenn Douglas, Chief Executive, Maidstone and Tunbridge Wells NHS Trust;

·         Mr Alan Pentecost, Retired Obstetrician; and

·         A Maidstone GP and representative of the British Medical Association.

2.      Councillor Call for Action

2.1     CCfA is a provision under Section 21A of the Local Government Act 2000, and provides an opportunity for Councillors to ask for discussions at scrutiny committees on issues where local problems have arisen and where other methods of resolution have been exhausted.

2.2     The legislation excludes the following as CCfAs:

a)   Any matter relating to a planning decision;

b)   Any matter relating to a licensing decision;

c)   Any matter relating to an individual or entity in respect of which that individual or entity has a right of recourse to a review or right of appeal conferred by or under any enactment; and

d)   Any matter which is vexatious, discriminatory or not reasonable to be included in the agenda for, or to be discussed at, a meeting of the overview and scrutiny committee or at a meeting of a sub-committee of that committee.

2.3     In accordance with the Maidstone Borough Council Constitution, the CCfA raised by Councillor Wilson has been considered by the Chairman of the Committee and the Proper Officer.  It was agreed that the CCfA did not fall under the exclusions listed at paragraph 2.2, and that all other avenues for resolution had been exhausted.

3.      Recommendation

3.1     The Committee is recommended to consider the case put forward by Councillor Wilson and the evidence provided by the witnesses.  Members should then make any recommendations as they see fit.

3.2     Councillor Wilson has outlined the following desired outcome of the meeting:

“Full consultancy led maternity unit located at Maidstone General Hospital”.

Having considered all of the evidence put forward, Members should consider whether they wish to make this recommendation to NHS West Kent and the Maidstone and Tunbridge Wells NHS Trust.

3.3     It should be emphasised that the Committee can only make recommendations: the final decision on whether to implement these rests with whoever that recommendation is made to.

4.      The Meeting

4.1     At the meeting, Councillor Fran Wilson will outline her arguments in relation to the Councillor Call for Action.

4.2     The expert witnesses will then have the opportunity to respond to these arguments.

4.3     Following this, members of the public will have the opportunity to ask questions at the discretion of the Chairman.  The Committee will then ask questions of the expert witnesses to seek further evidence and to try to identify a way forward. 

4.4     Following the discussions, the Committee will consider whether recommendations need to be made, as outlined at paragraph 3.2, in order to try to resolve the issue.

5.      Background Information

5.1     In 2004, a consultation document entitled “Excellence in Care, Closer to Home: The Future of Services for Women and Children” was published by the three Primary Care Trusts (PCTs) covering Maidstone and Tunbridge Wells at that time, working with the Maidstone and Tunbridge Wells NHS Trust. 

5.2     This consultation document is attached at Appendix B.  The consultation was considered by the External Overview and Scrutiny Committee at Maidstone Borough Council and the Committee’s response is attached at Appendix C.  This response was endorsed by the Cabinet, as shown by the letter attached at Appendix D.

5.3     The Kent County Council NHS Overview and Scrutiny Committee (now the Health Overview and Scrutiny Committee) was also consulted in line with the PCT and NHS Trust’s statutory responsibilities to consult that committee on substantial variations to services.  The Executive Summary of the NHS Overview and Scrutiny Committee’s response is attached at Appendix E – the full response can be obtained from louisesmith@maidstone.gov.uk or by calling 01622 602524.

5.4     The issue of maternity services has been further considered by the External Overview and Scrutiny Committee and Full Council on a number of occasions since this consultation.  The minutes of the relevant meetings have been attached at Appendix F, along with several responses to recommendations.

5.5     The documents listed above can be found at the following pages: