Consultation Responses

This TSA consultation sought views on how the social housing regulator uses, or intends to use, four specific enforcement powers. It covers the powers relating to management tender, management transfer, the appointment of an adviser to a local authority provider and the censure of a local authority employee or agent during or following an inquiry.

The response accepted that the guidance makes clear that the powers are likely to be used in circumstances where providers are failing or have failed to respond, or achieve improvement. It also accepted that the retention of these reserve powers is necessary but identified that the application of the powers contradicts the approach to localism, undermines the ability of local authorities to determine policies locally and removes the rights of tenants to be consulted on major changes. It also highlighted the unacceptable nature of the proposed methodology for the use of these powers.

4. Department of Health: Healthy lives, healthy people (March 2011)

There were three consultations related to Healthy Lives, Healthy People. ANEC produced one response to cover these.

1) White Paper - This consultation considered the role of GPs in areas covered by Public Health England, accessibility of public health information and tackling health inequalities, using insights of behavioural science, addressing wider health determinants and achieving cost effectiveness.

2) Consultation on the funding and commissioning routes for public health - This consultation explored proposed funding and commissioning routes for public health, including the ring-fenced budget provided to local authorities. Key issues were the function of health and wellbeing boards, allocation of public health funding and the selection of mandatory services to be provided by local authorities. It also considered grant conditions to enable smooth transition to local authorities, as well as linking health improvement budgets to progression through the Public Health Outcomes Framework as an incentive mechanism.

3) Transparency in outcomes, proposals for a public health outcomes framework - This consultation provided more detail on the proposed key public health functions and responsibilities across the public health system. It also set out the proposed commissioning and funding arrangements for delivery of public health services. Specific issues raised were how local authorities can harness voluntary and independent sector capacity, widening the range of healthcare providers, use of public health budget and allocation of health premium to reduce health inequalities.

ANEC’s response to these consultations welcomed the responsibility for public health returning to local authorities, although it also highlighted the need for clarity regarding their role alongside Public Health England, financial arrangements and employment implications including staff transfer. Other key points included the reduction of health inequalities, how this connects to risk factors such as unemployment and how the health premium can address this.

The Government’s proposals on public health are included in the Health and Social Care Bill, along with its other proposals for NHS reform. The Bill has been subject to a pause so that a listening exercise can be carried out – this is referred to below under ‘current consultations’.