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Committee

Health and Sport Committee 08 March 2016

08 Mar 2016 · S4 · Health and Sport Committee
Item of business
Subordinate Legislation
Healthcare Improvement Scotland (Delegation of Functions) Order 2016 (SSI 2016/86)
Watt, Maureen SNP Aberdeen South and North Kincardine Watch on SPTV
Thank you for providing me with the opportunity to explain the rationale behind the Healthcare Improvement Scotland (Delegation of Functions) Order 2016. Tackling and reducing healthcare associated infection and containing antimicrobial resistance remain a key priority for ministers and the Scottish Government. Latest figures show that, since 2007, cases of Clostridium difficile in patients who are aged 65 years or over have reduced by 84 per cent and cases of methicillin-resistant staphylococcus aureus—MRSA—have reduced by 88 per cent. Although that demonstrates significant progress, the challenge is to look at ways to continue the reduction in order to drive down HAI rates. The incidence of key HAIs has plateaued over the past two years. We need to work even harder to ensure that those figures move in the right direction as we strive to make appropriate and updated advice accessible to all who deal with infection prevention and control. The Government will continue to drive forward improvements across NHS Scotland as we work closely with Healthcare Improvement Scotland, Health Protection Scotland and the Scottish antimicrobial and healthcare associated infection strategy group to reduce infection rates further. We will also support health boards to deliver further improvements for the safety of healthcare staff, patients and the public. I turn to the specific measures that the order contains. The Scottish Government fully accepted all the recommendations that were made in the Vale of Leven hospital inquiry report. Recommendation 1 in Lord MacLean’s report was that the “Scottish Government should ensure that the Healthcare Environment Inspectorate (HEI) has the power to close a ward to new admissions if the HEI concludes that there is a real risk to the safety of patients. In the event of such closure, an urgent action plan should be devised with the Infection Prevention and Control Team and management.” The order implements that recommendation by giving HIS the powers to direct a board to close a hospital ward to new admissions when HIS considers that, without the direction to close, there would be a serious risk to life, health or wellbeing. The powers will not be limited to closure for reasons of cleanliness and will apply for other safety reasons, such as staffing levels and other non-medical reasons. The powers are designed to ensure patient safety and it is therefore right that they should cover all circumstances in which there is a serious risk to life, health or wellbeing. In conjunction with the Scottish Government and other interested stakeholders, HIS has developed an escalation procedure that includes arrangements on the powers to direct the closure of wards to new admissions. The draft procedure was shared with health boards on 3 March for their views and I have asked for a copy of the final paper to be sent to the committee for its information. I should stress that closing a ward to new admissions is intended to be an option of last resort and that we hope that it is never needed. I assure the committee that HIS will work with NHS boards—particularly chief executives and medical directors—to address any concerns that are raised as a result of an inspection of any hospital. My officials have confirmed that the escalation procedure will provide a clear, transparent and consistent process to manage the identification and escalation of serious issues that might be facing NHS service delivery, quality, safety of care and organisational effectiveness. The escalation process will ensure clear communication paths across all stakeholders, clarity over roles and responsibilities, and an explicit record of actions that have been undertaken in partnership with boards to secure a timely resolution. Consistent and effective communication between HIS and board officials will be crucial to achieving that resolution. The order meets our commitment to implementing recommendation 1 of the Vale of Leven hospital inquiry report. It gives HIS the power to direct NHS boards to close a hospital ward to new admissions when HIS considers that there is a serious risk to life, health or weIlbeing. The draft escalation process that HIS has published makes it clear that the power will be used only very rarely and as a measure of last resort. It is, however, an important additional tool to safeguard patient safety. I am happy to answer any questions that members have.

In the same item of business

The Convener Lab
We move to agenda item 2, which is oral evidence on one negative instrument. The instrument gives Healthcare Improvement Scotland the power to direct health ...
Maureen Watt SNP
Thank you for providing me with the opportunity to explain the rationale behind the Healthcare Improvement Scotland (Delegation of Functions) Order 2016. Tac...
The Convener Lab
Thank you, minister.
Rhoda Grant Lab
The minister has said that she does not believe that the power will be used often. In what circumstances does she see it being used? What will the process be...
Maureen Watt SNP
The powers will be used only in unusual situations. There are powers in the National Health Service (Scotland) Act 1978 for ministers to take action when cer...
Robbie Pearson (Healthcare Improvement Scotland)
We are clear that Healthcare Improvement Scotland’s role sits within a broader escalation framework. That framework is in place ahead of the powers and is us...
Rhoda Grant Lab
Closing a ward to new admissions makes sense if it is for infection control purposes. Those who might already have been infected would be isolated and not mo...
Robbie Pearson
If the concern was about ward staffing levels, a reduction in the number of admissions to that ward would clearly be beneficial, as the cohort of available s...
The Convener Lab
We are not necessarily aware of the range of areas that fall into the category of a serious risk to life, health or wellbeing. We have established that there...
Maureen Watt SNP
An example would be a theatre in which someone notices that cleanliness is not up to standard. Do you want other examples?
The Convener Lab
So we have theatre situations, staffing levels and mix, and infection.
Robbie Pearson
One example would be extreme pressure at the front of a hospital from the number of A and E attendances and patients requiring to be seen in an assessment un...
Jacqui Macrae (Healthcare Improvement Scotland)
That is the only other example that I can think of. I reiterate that our general experience is that boards take immediate action to resolve such issues and ...
The Convener Lab
The issue is the power that the order gives HIS. I can see a ward being closed to new admissions when there is an infection. I can see a decision to close A ...
Maureen Watt SNP
The order has been made because one of Lord MacLean’s recommendations in the Vale of Leven inquiry report was that the Scottish Government should ensure that...
The Convener Lab
A wider point is about whether Healthcare Improvement Scotland is a regulator or a part of the health service. Was Lord MacLean getting at that?
Robbie Pearson
A broader consideration of Lord MacLean as chair of the inquiry was that additional powers were not needed, beyond those in the first recommendation. The inq...
Rhoda Grant Lab
I am not totally satisfied with the answer to my previous question about staffing numbers being seen as unsafe for patients. Closing a ward to new admissions...
Maureen Watt SNP
Hospitals already deal with that issue. As we have stated, a norovirus outbreak can affect not only patients but staff. That is why a ward would be closed to...
Rhoda Grant Lab
What powers does the order provide to increase staffing levels, rather than just stop admissions, to deal with patient safety concerns?
Maureen Watt SNP
That would be discussed with all the partners who are involved because, as we have said, the decision would be taken not by HIS alone but by HIS in conjuncti...
Ailsa Garland (Scottish Government)
The order is restricted to simply giving HIS the power to give the direction to close a ward. I understand that the escalation procedure involves discussing ...
The Convener Lab
Mr Pearson, will the order give you greater power in your relationship with health boards to get quicker action? Will it help in that discussion or negotiation?
Robbie Pearson
Yes. The order allows us a degree of direction, formality and legal power that we do not have at present. The important point is that that does not take away...
The Convener Lab
Mike MacKenzie has a supplementary question.
Mike MacKenzie (Highlands and Islands) (SNP) SNP
Mr Pearson, you mentioned that an algorithm would be used in the decision-making process. That thought fills me with concern. Will the decision be made by a ...
Robbie Pearson
I assure the committee that the algorithm is not some remote computer-generated yes/no answer. It will be informed by clinical and professional judgment on t...
Dennis Robertson SNP
Mr Pearson has just pre-empted my question, but I seek clarity with regard to single rooms. A ward may be comprised of a number of single rooms. Rather than ...
Robbie Pearson
That is an important point. In new hospitals such as the Queen Elizabeth university hospital, which has single rooms, the response is different from the resp...
Jacqui Macrae
It is very much about the individual context. We should bear in mind the timescales within which things might happen and how the decisions would be taken to ...