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Appointment details

Non-Executive Director

Summary

• Organisation: NHS Litigation Authority (NHS Resolution)
• Sponsor department: Department of Health and Social Care
• Location: Various
• Sectors: Finance and Audit
• Skills: Audit and Risk, Business, Change Management, Commercial, Communication, Media, Marketing, Human Resources, Insurance, International Experience, Technology / Digital, Legal, Judicial, Major Projects, Procurement, Regulation, Retail, Transformation, Cyber Security, Consumer Advocacy, Casework and Complaints Handling, Social Care, Education
• Number of vacancies: 2
• Time commitment: 2 day(s) per month
• Remuneration: £7883 per annum
• Length of term: 3
• Application deadline: 11:59am on 10 April 2024

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Timeline for this appointment

1. Opening date

   18 March 2024

2. Application deadline

   11:59am on 10 April 2024

3. Sifting date

   3 May 2024

4. Interviews expected to end on

   11 October 2024

Timeline dates are only an estimate and can change

About the appointment

Introduction from the Chair

Introduction from Sally Cheshire, Chair of NHS Resolution

Dear Applicant,

NHS Resolution works at the cusp of the health and justice sectors in England, advising the NHS on resolving concerns and disputes fairly, and sharing our learning from claims to improve patient safety.

We manage the second largest financial liability across government and are in the process of implementing an ambitious new strategy to 2025, which has at its heart an increased focus on improving safety, especially in maternity services, and preserving taxpayers’ money for patient care.

Having now taken on GP and Covid indemnity schemes as well as our clinical negligence scheme for trusts, it is a very exciting time in NHS Resolution’s development. The Board plays a crucial role in guiding our organisation and we are seeking new non-executives with the skills and ambition to ensure NHSR’s continued success.

If you have the skills we require, want to work with a talented and dedicated team and wish to make a valuable contribution to the health sector and patient safety in England, I do hope you will apply.

Yours sincerely,

Sally Cheshire CBE

Chair of NHS Resolution

Appointment description

Ministers are seeking to appoint two new Non-Executive Director (NEDs) to the board of NHS Resolution, one of which will be responsible for Chairing NHS Resolution’s Audit and Risk Committee (ARC).Non-Executive Directors are remunerated at a standard rate of £7,883 per annum, with the ARC Chair receiving £13,137 per annum. NHS Resolution operates across the boundaries of the health and justice systems. It has many of the characteristics of a financial institution coupled with a strong focus on learning to improve patient care.

As a Non-Executive Director of NHS Resolution, you will be responsible for the good governance of the organisation, including the expenditure of considerable sums of public money. You will ensure that NHS Resolution promotes the values of the NHS and places a high priority upon helping the NHS improve the safety of patients.   

You will play a key role in ensuring that the organisation meets the needs of both primary and secondary care providers in England (NHS Trusts, commissioners, General Practitioners and other service providers) and is focused upon providing excellent services and good value for money including cost effective resolution services. You will provide appropriate challenge, scrutiny and support at Board level ensuring that the organisation learns from things which go wrong in the NHS and shares that learning, to improve the safety and standard of care. 

The NED who Chairs NHS Resolution’s Audit and Risk Committee, will ensure the effective functioning of that committee which, as an important sub-committee of the Board, is responsible for providing assurance that NHS Resolution manages its financial resources effectively and efficiently; has appropriate financial controls in place; oversees management’s procedures for the identification and management of risk; and achieves a high quality of financial reporting.

Key responsibilities 

As a Non-Executive Director, you will:

• Develop and promote the strategic focus of NHS Resolution through constructive debate and challenge at Board level. 
• Support the maintenance and development of effective relationships with external stakeholders, including scheme member organisations and partner bodies in the health and social care system. Where appropriate, to act as a good ambassador for the organisation. 
• Help to strengthen the reputation of NHS Resolution through ensuring that it provides timely and relevant expertise to the NHS. 
• Ensure the Board acts in the best interests of the public and other stakeholders and is fully accountable for the services provided and the expenditure of public funds. 
• Contribute to setting ambitious targets for all aspects of NHS Resolution’s work to ensure that it delivers high quality services, decision making and advice to its customers and other key stakeholders. 
• Hold senior NHS Resolution staff and Executive members of the Board accountable for meeting financial and other performance targets, ensuring the organisation delivers on its strategic priorities and business plan objectives. 
• Contribute to the governance of NHS Resolution by ensuring that independent oversight is maintained on the organisation’s operational effectiveness, risk management, financial efficiency and working relationships with key stakeholders.

Organisation description

NHS Resolution is an Arm’s Length Body of the Department of Health and Social Care (DHSC), responsible for:

·          Providing indemnity to the NHS for the risks involved in delivering healthcare services and handling compensation claims, keeping patients and healthcare staff out of court wherever possible.

·          Delivering expert advice and support on the management of concerns about the performance of doctors, dentists and pharmacists.

·          Resolving contracting disputes between primary care contractors and commissioners of primary care.

·          Using its unique perspective to provide insights back to the NHS to help to improve safety and manage risk.

NHS Resolution, known in legislation as the NHS Litigation Authority, was re-launched in April 2017 with a five-year strategy, [1] Delivering fair resolution and learning from harm which gave it a greater emphasis on prevention, learning and early intervention. Five years on, NHS Resolution has made significant progress on its strategic direction and embarked on a programme of transformation which impacts across the whole organisation. Key successes since 2017 include:

·       Embedding its Early Notification scheme for brain injuries at birth which is transforming the experience for affected families.

·       Working with system partners to implement a successful incentive scheme to improve maternity safety.

·       Reducing the number of claims moving into formal litigation through the increased use of mediation and other forms of alternative dispute resolution.

·       Supporting the development of a just and learning culture in the NHS, including through the publication of its [2] Being fair guidance.

·       Implementing the new indemnity schemes for general practice and Covid-19, neither of which were envisaged at the time of its 2017 strategy.

·       Contributing data, analysis and expertise to the Department’s policy work on addressing the rising cost of clinical negligence following reports from the National Audit Office and Public Accounts Committee in 2017.

In April 2022, NHS Resolution published a new three-year strategy [3] Advise, resolve and learn, which builds on its achievements over the last five years. The current strategy provides an increased focus on maternity claims and includes plans to implement two major transformation projects which will a deliver a step change in how NHS Resolution operates, the Claims Evolution Programme and Core Systems Programme.

Key priorities for the current year include consolidating its new indemnity schemes (for general practice and Covid-19), delivering the next phase of work to move claims and concerns into a neutral and less adversarial space, sharing the learning from claims and concerns, in particular those that cross general practice and secondary care, and reviewing the indemnity schemes to ensure they continue to meet the needs of an evolving healthcare system while also providing a unique lever to drive improvements and deliver change.

NHS Resolution’s four areas of business are:

·       Claims Management – delivers expertise in handling clinical and non-clinical negligence claims against the NHS in England. The main scheme is the Clinical Negligence Scheme for Trusts (CNST); members include all NHS trusts, Integrated Care Boards and some independent sector providers of NHS-funded care.

·       From April 2019, NHS Resolution has operated the state schemes for general practice, the Clinical Negligence Scheme for General Practice (CNSGP) and the Existing Liabilities Scheme for General Practice (ELSGP).

·       NHS Resolution also operates two indemnity schemes set up to manage Covid-19 specific indemnities, the Clinical Negligence Scheme for Coronavirus (CNSC) and the Coronavirus Temporary Indemnity Scheme (CTIS).

·       Practitioner Performance Advice – provides advice, support and interventions in relation to concerns about the individual performance of doctors, dentists and pharmacists.

·       Primary Care Appeals – offers an impartial tribunal service for the fair handling of appeals and disputes between commissioners and primary care contractors (GPs, dentists, opticians and pharmacists).

·       Safety and Learning – draws learning from claims to drive safety improvement, from working with individual trusts (allowing members to target safety activity to specific clinical areas) to collaborating with others to share learning across the system at a national level. Following the implementation of the CNSGP, this now includes learning from across primary and secondary care.

Key Facts

·       Number of staff: Budgeted FTE in 2022/23 of 578.

·       Spend: Total expenditure budget for 2022/23 of £2.743bn, the majority of this, £2.691bn, is spent on resolving claims. Administrative costs are £52.1m.

·       NHS Resolution manages the second-highest liability in Government. As at 31 March 2023, the provision for future claims liabilities stood at £69.614bn. NHS Resolution spent £2.4bn on clinical negligence claims in 2021/22.

·       Legislative basis: NHS Resolution is a Special Health Authority. It was established as the NHS Litigation Authority in 1995 and re-launched as NHS Resolution in 2017. Its legal name remains NHS Litigation Authority.

·       Office bases in London and Leeds with extensive use of hybrid working.

Links to relevant documents

Strategy to 2025: Advise, resolve and learn  

NHS Resolution Business Plan 2022/23  

NHS Resolution - Annual report and accounts 2022/23 

Board composition

Board meetings take place every two months plus an annual meeting in August to present the Annual Report and Accounts.

Board meetings are usually held at 10 South Colonnade, Canary Wharf, London, E14 4PU, although there are office bases in London and Leeds with extensive use of hybrid working.

Regulation of appointment

This post is regulated by the Commissioner for Public Appointments. For more information, please refer to the Commissioner’s website 

Person specification

Essential criteria

To be considered, you must be able to demonstrate that you have the qualities, skills and experience to meet all the essential criteria for appointment.

• A career track record of achievement, including at a significant senior level in either the private or public sector.

• Ability to analyse complex and sometimes conflicting data and to draw balanced conclusions from information presented to you.

• Excellent communication skills, sound judgement, and the ability to gain the confidence of senior stakeholders.

• Ability to work as part of a team and operate effectively on the board of a national public body.

In addition:

For the ARC Chair role:

• Senior finance experience, most likely with a professional background in accountancy or a related discipline, with experience of governance, risk management, assurance, and the work of audit and risk committees.

For the general NED role:

• Senior experience in change management, running a large complex organisation with a good understanding of effective operational and technological delivery.

Application and selection process

How to apply

In order to apply you will need to create an account or sign in.

Once you are logged into your account, click on 'apply for this role' and follow the on-screen instructions. To apply, all candidates are required to provide:

• a Curriculum Vitae (CV)
• a supporting statement
• equality information
• information relating to any outside interests or reputational issues

We will ask you to check and confirm your personal details to ensure your application is accurate.

You will also have the opportunity to make a reasonable adjustment request or apply under the disability confident scheme before you submit your application.

Overview of the application process

Public appointments are made on merit following a fair and open competition process which is conducted in accordance with the Governance Code for Public Appointments. We will deal with your application as quickly as possible and will keep you informed at key stages. We aim to conclude the appointment process within three months of the deadline for applications – this is in accordance with the Governance Code.

The assessment process

1. Ministers are responsible and accountable to Parliament for the public appointments made within their department. As a result, they must be consulted at every stage of the appointments process.

2. An Advisory Assessment Panel (“Panel”) is appointed by Ministers to assist them in their decision making. The role of the Panel is to decide, objectively, which candidates meet the eligibility criteria for the role.

3. At the shortlisting meeting the Panel will assess applications against the eligibility criteria and decide which candidates have best met the criteria, who should be recommended for interview. Ministers will then be consulted on the Panel’s recommended shortlist. If you have applied under the Disability Confident Scheme and you meet all the essential criteria, then you will also be invited for an interview.

4. Once the shortlist has been agreed by Ministers, you will be advised (by e-mail) whether you have been shortlisted. Those shortlisted will be invited to an interview.

5. The Panel will meet again to interview candidates and determine who is appointable to the role. The Panel may invite you to make a brief presentation at the start of the interview and will go on to question you about your skills and experience, including asking specific questions to assess whether you meet the criteria set out for the post. The Panel will also explore with you any potential conflicts of interest or any other issues arising from your personal and professional history which may impact on an appointment decision.

6. Details of the panel’s assessment of interviewed candidates are provided to Ministers, including whether they have judged a candidate to be appointable to the role. It is then for Ministers to determine merit and decide who should be appointed. In some circumstances, Ministers may choose not to appoint any candidates and re-run the competition.

7. Ministers may choose to meet with candidates before deciding the outcome. Candidates should therefore be prepared for a short time gap between interview and a final appointment decision being made. Candidates who have been interviewed will be kept informed of progress.

8. Once the decision on the appointment has been made, interviewed candidates will be advised of the outcome of their application, including whom they may approach for feedback. Successful candidates will be issued with their Terms & Conditions and a letter of appointment should they agree to take up the position.

Further information about appointments, including tips on applying, can be found on our guidance pages on gov.uk.

Advisory Assessment Panel (AAP)

The panel will include:

• David Hayward, DHSC senior sponsor for NHSR (panel chair)

• Sally Cheshire, Chair of NHSR

• Kathryn Gillatt, Non-Executive Director at NHS Business Services Authority, Independent Panel Member

Advisory Assessment Panels (AAP) are chosen by ministers to assist them in their decision-making. These include a departmental official and an independent member. For competitions recruiting non-executive members of a board (apart from the Chair), the panel will usually include a representative from the public body concerned.

AAP’s perform a number of functions, including agreeing an assessment strategy with ministers, undertaking sifting, carrying out interviews in line with the advertised criteria and deciding objectively who meets the published selection criteria for the role before recommending to ministers which candidates they find appointable. It is then for the minister to decide who to appoint to the role.

Eligibility criteria

The Cabinet Office sets out the following regarding all public appointments:

In general, you should have the right to work in the UK to be eligible to apply for a public appointment.

There are a small number of specialist roles that are not open to non-British citizens. Any nationality requirements will be specified in the vacancy details.

The Government expects all holders of public office to work to the highest personal and professional standards. You cannot be considered for a public appointment if:

• you are disqualified from acting as a company director  (under the Company Directors Disqualification Act 1986);
• have an unspent conviction on your criminal record;
• your estate has been sequestrated in Scotland or you enter into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or have, under Scots law, granted a trust deed for creditors.

When you apply, you should declare if:

• you are, or have been, bankrupt or you have made an arrangement with a creditor at any point, including the dates of this. 
• you are subject to a current police investigation.

The above is only intended to act as a summary and you should consider the full legislation, which is attached at Annex A of the candidate pack.

You must inform the sponsor department if, during the application process, your circumstances change in respect of any of the above points. 

When you apply you should also declare any relevant interests, highlighting any that you think may call into question your ability to properly discharge the responsibilities of the role you are applying for. You should also declare any other matters which may mean you may not be able to meet the requirements of the Code of Conduct of Board Members (see Outside interests and reputational issues section below)

If you need further advice, please contact Nathanial Fauntleroy Brand at N.FauntleroyBrand@dhsc.gov.uk

Security clearance

The successful candidate will be required to undertake Baseline Personnel Security Standard checks in line with the Civil Service guidelines. Additional Security Clearance may also be required for certain roles. However, where this applies, candidates will be notified during the appointment process. Further information on National Security Vetting can be found on the Gov.uk website here.

Additional information for candidates

Equality and diversity

We encourage applications from talented individuals from all backgrounds and across the whole of the United Kingdom. Boards of public bodies are most effective when they reflect the diversity of views of the society they serve and this is an important part of the Government’s levelling up agenda.

We collect data about applicants’ characteristics and backgrounds, including information about people’s educational and professional backgrounds, so that we can make sure we are attracting a broad range of people to these roles and that our selection processes are fair for everyone. Without this information, it makes it difficult to see if our outreach is working, if the application process is having an unfair impact on certain groups and whether changes are making a positive difference.

When you submit your application, your responses are collected by the Cabinet Office and the government department(s) managing your application. The data is used to produce management information about the diversity of applicants. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be seen by the Advisory Assessment Panel who review applications against the advertised criteria and conduct interviews.

Disability confident

We are a member of the Government’s Disability Confident scheme. We use the Disability Confident scheme symbol, along with other like-minded employers, to show our commitment to good practice in employing people with a disability. The scheme helps recruit and retain disabled people. 

As part of implementing the scheme, we guarantee an interview for anyone with a disability whose application meets the essential criteria for the role, set out in the advert, and who has asked that their application is considered under the scheme. Indicating that you wish your application to be considered under the scheme will in no way prejudice your application. By ‘minimum criteria,’ we mean that you must provide evidence which demonstrates that you meet the level of competence required under each of the essential criteria, as set out in the job-advert.

When you apply you will have the opportunity to select if you would like your application considered under this scheme.

Reasonable adjustments

We are committed to making reasonable adjustments to make sure applicants with disabilities, physical or mental health conditions, or other needs are not substantially disadvantaged when applying for public appointments. This can include changing the recruitment process to enable people who wish to apply to do so.

Some examples of common changes are:

• ensuring that application forms are available in different or accessible formats;
• making adaptations to interview locations;
• allowing candidates to present their skills and experience in a different way;
• giving additional detailed information on the selection / interview process in advance to allow candidates time to prepare themselves;
• allowing support workers, for example sign language interpreters;
• making provision for support animals to attend.

When you apply you will have the opportunity to request reasonable adjustments to the application process.

Principles of public life

Holders of public office are expected to adhere to and uphold the Seven Principles of Public Life. These are:

1. Selflessness - Holders of public office should act solely in terms of the public interest.
2. Integrity - Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.
3. Objectivity - Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
4. Accountability - Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.
5. Openness - Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.
6. Honesty - Holders of public office should be truthful.
7. Leadership - Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.

Code of conduct for board members

The Government expects all holders of public office to work to the highest personal and professional standards. In support of this, all non-executive board members of UK public bodies must abide by the principles set out in the Code of Conduct for Board Members of Public Bodies. The Code sets out the standards expected from those who serve on the boards of UK public bodies and will form part of your terms and conditions of appointment.

Management of outside interests and consideration of reputational issues

Holders of public office are expected to adhere and uphold the Seven Principles of Public Life and the Code of Conduct for Board Members of Public Bodies. Before you apply you should consider carefully: 

• any outside interests that you may have, such as shares you may hold in a company providing services to government; 
• any possible reputational issues arising from your past actions or public statements that you have made; 
• and/or - any political roles you hold or political campaigns you have supported; 

which may call into question your ability to do the role you are applying for.

You will need to answer relevant questions in relation to these points when making an application. Many conflicts of interest can be satisfactorily resolved and declaring a potential conflict does not prevent you from being interviewed. If you are shortlisted for an interview, the panel will discuss any potential conflicts with you during that interview, including any proposals you may have to mitigate them and record that in their advice to ministers. Alongside your own declaration, we will conduct appropriate checks, as part of which we will consider anything in the public domain related to your conduct or professional capacity. This may include searches of previous public statements and social media, blogs or any other publicly available information. The successful candidate(s) may be required to give up any conflicting interests and their other business and financial interests may be published in line with organisational policies. 

Details of declared political activity will be published when the appointment is announced, as required by the Governance Code (political activity is not a bar to appointment, but must be declared).

Status of appointment

As this is an office holder appointment, you will not become a member of the Civil Service. You will not be subject to the provisions of employment law.

Appointment and tenure of office

Appointments are for the term set out in this advert, with the possibility of re-appointment for a further term, at the discretion of Ministers.  Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. There is no automatic presumption of reappointment; each case should be considered on its own merits, taking into account a number of factors including, but not restricted to, the diversity of the current board and its balance of skills and experience. In most cases, the total time served in post will not exceed more than two terms or ten years in any one post. 

Remuneration, allowances and abatement

Remuneration for this role is treated as employment income and will be subject to tax and National Insurance contributions, both of which will be deducted at source under PAYE before you are paid. 

You can claim reimbursement for reasonable travel and subsistence costs which are properly and necessarily incurred on official business, in line with the travel and subsistence policy and rates for the organisation to which you are applying. However these payments are taxable as earnings and will be subject to tax and national insurance, both of which will be deducted at source under PAYE before you are paid.  

Pension and redundancy

This is an office holder appointment and does not attract any benefits under any Civil Service Pension Scheme. You will not be eligible for redundancy pay as you are not an employee. No other arrangements have been made for compensation upon the end of your term of appointment because an office holder who is appointed for a limited duration would have no expectation of serving beyond that period.

Application feedback

We will notify you of the status of your application. We regret that we are only able to offer detailed feedback to candidates who have been unsuccessful at the interview stage.

How to complain

The Department of Health and Social Care will aim to process all applications as quickly as possible and to treat all applicants with courtesy. If you have any complaints about the way your application has been handled, please contact Zubeda Seedat by emailing zubeda.seedat@dhsc.gov.uk

How to complain to Office of the Commissioner for Public Appointments (OCPA)

If you are not content with the appointing department’s response you may wish to further complain to the Commissioner at publicappointments@csc.gov.uk.Further information on how the Commissioner handles complaints can be found on the Commissioner for Public Appointments’ website https://publicappointmentscommissioner.independent.gov.uk/regulating-appointments/investigating-complaints/

Data protection

The Cabinet Office will use your data in line with our privacy policy.

The DHSC privacy notice can be found at DHSC privacy notice - GOV.UK.

Contact details

For further information regarding the role of the NHSR and the role of a NED please contact:

Alice Akca, at the Department of Health and Social Care.

Tel:   07873 615 964 (Alice)

Email:  NHSRsponsorship@dhsc.gov.uk 

For any queries about your application status or the selection process, please contact Nathanial Fauntleroy Brand in DHSC’s Honours and ALB Public Appointments Unit:

Email:   N.FauntleroyBrand@dhsc.gov.uk