JOINT MEETING IN PUBLIC OF THE BOARD OF DIRECTORS OF THE ROYAL DEVON AND EXETER NHS TRUST AND THE TRUST BOARD OF NORTHERN DEVON HEALTHCARE NHS ...

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JOINT MEETING IN PUBLIC OF THE BOARD OF DIRECTORS OF THE ROYAL
            DEVON AND EXETER NHS TRUST AND THE TRUST BOARD
               OF NORTHERN DEVON HEALTHCARE NHS TRUST
                                          Wednesday 28 April 2021
                                              Via MS Teams

                                                 MINUTES
     PRESENT RD&E:          Mr J Brent            Chairman
                            Mr P Dillon           RD&E Vice Chair
                            Mrs H Foster          Chief People Officer
                            Professor A Harris    Chief Medical Officer
                            Mrs A Hibbard         Chief Finance Officer
                            Professor J Kay       Senior Independent Director
                            Professor H Khalil    Non-Executive Director (from 58.21)
                            Mr S Kirby            Non-Executive Director
                            Mr A Matthews         Non-Executive Director
                            Mr K Orford           Non-Executive Director, NDHT and RD&E
                            Mr J Palmer           Interim Chief Operating Officer
                            Mr C Tidman           Deputy Chief Executive
                            Mrs S Tracey          Chief Executive Officer
     PRESENT NDHT:          Mr J Brent            Chairman
                            Dr T Douglas-Riley    Senior Independent Director
                            Mr R Down             Non-Executive Director
                            Mrs H Foster          Chief People Officer
                            Mrs P Geen            Vice Chair
                            Professor A Harris    Chief Medical Officer
                            Mrs A Hibbard         Chief Finance Officer
                            Mr S Kirby            Associate Non-Executive Director (non-voting NDHT
                                                  Board member)
                            Mr T Neal             Non-Executive Director
                            Mr K Orford           Non-Executive Director, NDHT and RD&E
                            Mr J Palmer           Interim Chief Operating Officer
                            Mr C Tidman           Deputy Chief Executive (non-voting NDHT Board
                                                  member)
                            Mrs S Tracey          Chief Executive Officer
     APOLOGIES:             Professor C Bones     Non-Executive Director, RD&E
                            Mrs C Mills           Chief Nursing Officer (Joint)
     IN ATTENDANCE:         Mrs M Holley          Director of Governance (Joint)
                            Miss Tracey Reeves    Director of Nursing, RD&E
                            Miss Louise Vine      Executive Support Officer, RD&E (minute taker)

                                                                                             ACTION

     52.21      CHAIRMAN’S OPENING REMARKS

                Mr Brent welcomed everyone to the meeting, including Governors and members

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of the public. He particularly welcomed Mr Palmer as it was his first Board
                meeting, and he noted that Miss Reeves was deputising for Mrs Mills.
                Mr Brent reminded those attending that it was a meeting in public not a public
                meeting, with questions on the agenda from the public to be taken at the end.
                He noted the meeting was being recorded in MS Teams and if anyone objected
                to this, they were asked to leave the meeting. Mr Brent reminded all of the
                etiquette for the meeting, advising members of the public that there would be an
                opportunity to ask questions relating to the agenda at the end of the meeting,
                although one question had been received in advance.
                Mr Brent acknowledged that this was the first time the two Boards had held a
                joint Board meeting, explaining that both Boards remained independent in their
                functions and fiduciary responsibilities. He stressed that this did not mean any
                decision had been made as to whether or not the two organisations would be
                joined; this decision was not due to be taken for several months. Mr Brent
                encouraged Board members to highlight any additional conflicts of interests that
                might arise, further to those already routinely declared. He noted that whilst a
                number of agenda items included reports for both Trusts, some were also
                individual, however engagement was welcomed from any Director on any
                matter. Mr Brent clarified that one overall set of minutes would be produced
                which would be approved by both Boards. He added that the usual approach to
                decisions was to build a consensus, but if necessary a separate vote could take
                place by the respective Board.
                The Board noted the Chairman’s Remarks.

     53.21      APOLOGIES

                It was noted that apologies had been received from Professor Bones and Mrs
                Mills (with Miss Reeves deputising for Mrs Mills).

     54.21      ANNUAL REVIEW OF THE RD&E BOARD’S REGISTER OF INTERESTS

                Mrs Holley said that the interests were as outlined within the report with one
                further addition:
                Mr Palmer – Owner and Director of JC Palmer Ltd
                The following updated were also noted:
                Mrs Foster – Church Warden of the Church of St Lawrence, Clyst St Lawrence.
                Mr Dillon – no longer a Director of Phoenix Venture Holdings Limited.
                Professor Harris – Director of Menegai Medical Limited.
                The Board noted the annual review of the RD&E Board’s Declarations of
                Interest.

     55.21      MATTERS TO BE DISCUSSED IN THE CONFIDENTIAL MEETING

                Mr Brent informed the meeting that the Board would be discussing in its
                Confidential meeting the routine quarterly review of the Board Assurance
                Frameworks, the RD&E Draft Annual Accounts, an update on both the NDHT
                and RD&E Draft Annual Reports, an update on the Operational and Financial
                Plan 2021/22, an update from the Integration Programme Board, a MY CARE

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update, and an update from the Our Future Hospitals Programme Board. Mr
                Tidman requested that an update in relation to the Nightingale Hospital also be
                added; this was noted.

                MINUTES OF THE MEETING OF THE RD&E BOARD HELD ON 31 MARCH
     56.21
                2021

                The minutes of the meeting held on 31 March 2021 were approved as an
                accurate record subject to the following amendments:
                Minute 50.21, page 9, third paragraph should read: “Mrs Kay Foster, a Public
                Governor, noted…”

     57.21      MATTERS ARISING AND BOARD ACTION SUMMARY CHECK

                Action check
                The actions were noted as per the tracker with the following additions:
                26.21 (2) Mrs Mills to provide an update to the April 2021 Board meeting on the
                reporting of safe clinical staffing fill rates. Miss Reeves drew the Board’s
                attention to the graphs on page 26 of the Integrated Performance Report (IPR)
                and acknowledged that concern had arisen due to the apparent reduction in the
                fill rate. She clarified that the graph showed the proportion of rostered staff
                against actual staff numbers, which was informed by the establishment review
                and was dependent on the type of ward, bed numbers and complexity in terms
                of care needed. Miss Reeves explained that a temporary change of use of ward
                (for example due to COVID-19) would impact on the fill rate as the e-roster may
                not have been updated retrospectively, therefore the incorrect number of
                required staff would be displayed within the data provided. She added that if a
                decision had been made to cohort particular patients, the actual staffing levels
                would be adjusted to ensure safe staffing levels, but again the e-roster itself
                may not always be updated. Miss Reeves recognised that it was not acceptable
                to have variation between the actual and planned fill rates but assured the
                Board that there was a very robust process for ensuring safe staffing levels.
                She added that the Safe Care Rostering Group across both Trusts would carry
                out detailed analysis to ensure there was greater scrutiny throughout the
                process and that the data was correlating correctly, and would report back to the
                Joint People, Workforce Planning & Wellbeing Committee. In addition, roster
                surgeries would continue to be held to highlight the importance of updating e-
                rosters following any changes as described. Mr Matthews asked whether the
                data presented could be adjusted dynamically or whether there should be a
                level of acceptance that there would continue to be slight variances due to the
                reasons already outlined. Miss Reeves said that although it probably would not
                match exactly, there should be a greater alignment in future between planned
                and actual, with exemptions highlighted each month. Mr Brent commented that
                where there were known data errors similar to this within reports, this should be
                clearly noted rather than exerting a disproportionate amount of effort in trying to
                correct such errors.
                45.21 (1) A case study to be developed with the Nightingale Team drawing on
                their experiences and learning from setting up, staffing and running the
                Nightingale to be used with other staff to encourage innovation. Mrs Tracey
                said that the Executive team had discussed how best to disseminate the
                learning whilst balancing this with the importance of encouraging empowerment.

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She said that this would be developed later in the year through the work she
                and Mrs Foster were due to carry out with middle management. The Board
                agreed that this action be closed, and that Mrs Tracey and Mrs Foster would
                provide the Board with an oral update once this further work was complete.
                ACTION: Mrs Tracey and Mrs Foster to provide an oral update to the
                                                                                                     ST / HF
                Board, in relation to the learning available from the Nightingale, once the
                development work with middle management was complete
                There were no further questions or matters arising.

     58.21      CHIEF EXECUTIVE OFFICER’S REPORT

                Mrs Tracey reminded the Board that the submission date for the system plan
                was 6 May 2021. She said there was a particular focus on the wellbeing of
                staff, and the impact of COVID-19 on waiting lists over the last 12 months and
                what this meant for the community.
                Mrs Tracey was pleased to note that real milestones had been achieved both
                locally and nationally in terms of the number of COVID-19 vaccinations to date
                with half the population having already received their first vaccination. She
                acknowledged the significant challenges faced in other countries and said that a
                national group, of which she was a member, was looking at what could be done
                to assist various countries overseas whilst balancing this with the national need.
                Mrs Tracey informed the Board that a shadow Integrated Care System had
                been formed, with particular focus on how to progress the Local Care
                Partnerships, and recovery of the elective position. Mrs Tracey said that she
                was leading the elective recovery work on behalf of the system over the next 12
                months; there were six workstreams looking at demand and how capacity could
                be increased to 100% of pre COVID-19 levels by July 2021; this would be
                discussed in greater detail in the Confidential meeting of the Board.
                In relation to the financial position of the system, Mrs Tracey was pleased to
                note that partner organisations had agreed a balanced position could be
                achieved for the system.
                Mrs Tracey reported that the Trusts hoped to hold a Board to Board meeting
                with Torbay & South Devon NHS Foundation Trust on 10 May 2021 to progress
                the strategic alliance. The already established Partnership Board had a meeting
                scheduled for the following day to look at the governance arrangements of the
                alliance.
                Operationally, Mrs Tracey said that workload had been returning to more pre-
                COVID-19 levels which was putting pressure on both Trusts with an increase in
                elective and cancer care. She said that the RD&E in particular had experienced
                a number of flow issues, due to an increase in referrals to the Acute Medical
                Unit and Same Day Unit from GPs as well as there being a higher acuity of
                patients, which in turn was impacting on emergency activity.
                Mrs Tracey was pleased to report that 16,000 vaccinations had been achieved
                at NDHT and a total of 102,000 at the RD&E; 42,000 at the RILD building and
                60,000 at the Westpoint site on behalf of the wider population. She added that
                the Westpoint site would soon close down as originally planned, and an
                alternative arrangement had been made at Greendale which was due to open
                towards the beginning of May2021.
                Mrs Tracey said that approximately 1200 responses had been received from the
                staff survey relating to the Integration work, proportionately from each Trust

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relative to the staff population sizes. She said that key messages included that
                staff believed this would be a key factor in terms of improving patient care, as
                well as better education and training opportunities, although understandably
                there were also concerns in relation to job security and the culture of the two
                organisations. Mrs Tracey said that work would continue through staff
                conversations (anonymously), in addition to work to understand the views of the
                wider population.
                Mrs Tracey reported that the Devon Wellbeing Hub, led by the Devon
                Partnership Trust, was now live. This was a fantastic resource for staff both
                individually and as part of a team, which complemented the resources already
                available internally at both Trusts.
                There being no questions from the Board, the Chief Executive’s Report
                was noted.

     59.21      A NDHT PATIENT STORY

                Mr Brent reminded the Board that the patient story alternated between the two
                Trusts and welcomed Sarah Delbridge, Communications Officer – NDHT, to the
                meeting.
                Miss Reeves presented the story of a patient who was diagnosed with breast
                cancer and underwent a mastectomy and four months of radiotherapy during
                the COVID-19 pandemic, surgery (mastectomy).
                Miss Reeves said it was a powerful example of the two Trusts working
                collaboratively to deliver excellent care, and how successfully a pathway can be
                completed. She said it also highlighted areas in which the Trusts would hope to
                improve further, and confirmed that Jason Lugg, Director of Nursing – NDHT,
                was already progressing a number of these. Miss Reeves invited questions
                from the Board.
                Mr Neal was pleased to note that, for this particular patient, facilitating trust in
                people was of the utmost importance.
                Professor Kay commented on the patient’s pleasant surprise at having the
                surgical procedure carried out as a day case and the assumption that this was
                attributed with cost savings. She suggested that further engagement would be
                of benefit to highlight the advances in care and for this to be applied to any and
                all conversations in relation to surgical procedure.
                Mr Palmer agreed that this was a very encouraging story with areas to develop
                further, though he acknowledged that the Trusts were likely to see an increase
                in the number of late stage cancer presentations due to COVID-19. He added
                that work on one stop pathways was on-going.
                On behalf of the Boards, Mr Brent expressed his sincere thanks to the patient
                and the teams involved.
                The Board noted the Patient Story.

     60.21      RD&E TOWARDS INCLUSION UPDATE

                Mrs Tracey reminded the Board that she was the Chair of the RD&E Inclusion
                Group and she stressed that although each Trust had taken a slightly different
                approach in relation in Inclusion, this did not mean there was a difference in
                importance for either Trust and, during the course of the next year, the aim was
                to align the work of both Trusts. She presented a brief set of slides which had

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been circulated to the Board in advance,
                Mrs Tracey recapped the approach of the 2020/21 Towards Inclusion Plan,
                against which solid progress had been made. She said that although there had
                been a slight reduction in the measures used for inclusivity, it was widely
                understood that this was to be expected at the start as people felt more
                confident in raising issues knowing it would result in action being taken. Mrs
                Tracey said it was further expected to see imminent improvement again in these
                measures as work progressed.
                Mrs Tracey highlighted that one of the most significant achievements was the
                establishment of the BAME, LGBTQ+ and staff disability networks, all of which
                had Executive sponsors who acted as mentors to the network chairs. She said
                that it was important for the work to be driven by these networks.
                Mrs Tracey said that the key focuses for 2021/22 were the engagement of
                frontline groups, the review of three key policies which tied in with the
                presentation from Mrs Foster previously regarding the shifting of culture of both
                Trusts, and training/raising awareness. Although the primary focus was in
                relation to staff, Mrs Tracey said that this was not exclusive and the staff focus
                was also expected to positively impact on patients and the public. Another
                priority for 2021/22 was to develop the partnership with the University of Exeter,
                in particular through the joint recruitment process to replace Rohan Chauhan as
                Trust Inclusion Lead. She invited questions from the Board.
                Professor Kay was pleased to note the fantastic progress and she commented
                that it was clear to see the positive effect of the systematic way this had been
                pursued. She said it was important for the networks to develop allies in tandem
                so that those involved did not feel overwhelmed by the work. Professor Kay felt
                that the term “BAME” was a marginalised term and she suggested a
                conversation with this particular network would be beneficial to develop a more
                person centric term. Mrs Tracey acknowledged the importance of this and
                confirmed she would discuss directly with the network how it should be referred
                to within the organisation. She also commented that the teams were very
                conscious of not creating exclusivity within these networks, highlighting that
                anyone could contribute to them. Mrs Tracey said it was worth noting however
                that feedback received from members of this network was that sometimes they
                wanted a safe space to talk freely with those sharing similar characteristics.
                ACTION: Mrs Tracey to discuss a more appropriate term for what is
                currently referred to as the “BAME” network                                          ST
                Mr Orford praised the Trust for the enthusiastic and energised commitment
                being given to Inclusion, particularly with Mrs Tracey as CEO leading the work.
                He asked whether the actions for 2021/22 were too specific in terms of the focus
                on certain characteristics. Mrs Tracey said that this was possibly true of the
                focus on career progression for BAME staff, but noted this was proportionate to
                its significance. She added that the other four objectives were broader and
                more focussed on inclusivity; awareness raising, understanding and valuing
                difference and being respectful. Mrs Tracey said this would also link into the
                just and learning culture work.
                Mr Brent highlighted the need to continue the work across the system to also
                understand which areas of the communities served by the Trusts felt excluded
                by virtue of their socio-economic situation.
                The Board noted the update.

     61.21      NDHT & RD&E INTEGRATED PERFORMANCE REPORTS

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Mr Tidman informed the Board that patient demand was all almost back to that
                of pre COVID-19; whilst this was logistically challenging for the Trusts (infection
                control/social distancing etc), it was reassuring to know patients were seeking
                the appropriate care. He added that the RD&E in particular had seen a
                reduction in Emergency Department (ED) 4-hour and ambulance handover
                performance linked to high demand and issues with patient flow, but that a
                recently initiated Patient Flow Gold Command approach was already getting
                good engagement across both Trusts and with external partners.
                In relation to elective recovery, Mr Tidman said that NDHT delivered a notably
                higher level of outpatient activity than at any time over the last two years; work
                was on-going to try to replicate this at the RD&E. Mr Tidman said there was a
                vast amount of planning at both system and Trust level, with guidance being
                worked through to ensure the full benefit of the financial incentives are realised
                within the system.
                Mr Tidman said that staff continued to be supported to take annual leave and
                that encouragingly, staff sickness and turnover rates continued to decrease.
                Mr Tidman commented that one of the primary concerns was the increasing
                volume of long waiting patients, but that a significant amount of resource was
                being spent stratifying the risk and ensuring that patients were being seen
                according to clinical prioritisation. He added that MY CARE continued to be an
                excellent tool to support staff in risk stratification.
                Whilst both Trusts achieved a broadly breakeven position at the end of the year,
                Mr Tidman said there were still uncertainties beyond the end of September
                2021, but this was being highlighted at both regional and national levels. He
                invited questions from the Board.
                Mr Kirby commented that the report gave an excellent overview and said that it
                was especially valuable to see the similarities and differences across both
                Trusts. He further acknowledged that whilst MY CARE was a huge advantage,
                he was growing increasingly worried in relation to the process and data issues,
                and asked whether this was due to distraction and/or an adverse effect.
                Professor Harris assured the Board that the teams were utterly focussed on this
                and that the issues were being adequately resourced. He praised the work of
                both the Divisional and MY CARE teams which was expected to resolve many
                of the issues.
                Referring to the pressure within the system in relation to nursing and care home
                provision, Mr Kirby asked whether the local authorities were providing support to
                address this. Mr Palmer confirmed that there was a good level of support
                throughout the system and that at the Local Authority and Chief Officer meeting
                the previous week, it had been acknowledged that the incentive funding
                available for achieving certain targets should also be available to primary and
                social care partners.
                Mrs Geen enquired as to how the quality of and impact of non-face-to-face
                outpatient activity could be measured. She noted that national guidance
                suggested a minimum of 25% face to face but added that some specialities lent
                themselves more to non-face-to-face than others. Mrs Geen asked how the
                Trusts would balance this correctly. Professor Harris said the Trusts had
                achieved funding to appoint a Clinical Lead across both Trusts to drive this
                work. He added that the 25% noted within the guidance was an aggregate and
                that in reality it was very much speciality driven. Given the appropriate focus
                this was given by the Non-Executive Directors, Professor Harris suggested that
                Mike Browning (JOB TITLE) and Stuart Kyle attend the May 2021 Board

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meeting to provide a brief presentation; the Board agreed.
                ACTION: Mike Browning and Stuart Kyle to be invited to attend the June               AHa/
                2021 Board meeting to provide a brief presentation in relation to face to            MB/SKy
                face versus non-face-to-face outpatient activity
                Mr Brent noted that the Emergency Department was not the most appropriate
                place for mental health patients to be treated and he acknowledged the distress
                this often caused these patients. He asked what system work was underway to
                address this. Mr Tidman said that Mrs Tracey was a member of an on-going
                steering group with Devon Partnership Trust (ST) where this was being looked
                at further, likewise for CAMHS patients.
                Referring to the recent public health campaigns relating to, for example, cancer
                and stroke awareness, Mr Brent asked whether organisations were given prior
                warning of these campaigns in order to respond appropriately. Mr Tidman said
                that the Trusts often received notification of these campaigns, but he
                commented that it was not always straightforward to react to the increase as a
                result, and then step this back down again afterwards.
                Mr Brent recognised the challenging diagnostic position and asked how the
                Trusts would develop a roadmap to ensure a return to a more robust position.
                Mr Palmer said that by moving the cystoscopy service, and with the additional
                capacity the Nightingale hospital would provide, it was anticipated that this
                would begin to improve within the next 12 months. He added that effective
                discussions were taking place around improving pathways and ensuring as
                many one stop pathways as possible were in place, as well as highlighting the
                importance of early cancer diagnosis.
                Mr Neal noted the volume of data relating to patient experience and
                acknowledged the reassurance provided as to the process but commented that
                the data did not provide much insight as to what this actually meant for patients.
                He asked how behaviours and improvement work, such as the achievements in
                relation to pressure damage, could be embedded widely and throughout. Miss
                Reeves acknowledged this and commented that Mrs Mills was leading a review
                of the key metrics to ensure good progress was sustained. She added that the
                patient experience was much broader than complaints data, and as part of the
                wider work underway the teams would be identifying what could meaningfully be
                measured in order to broaden the metrics reported to the Board. Miss Reeves
                further commented that the just and learning culture work, and learning from
                excellence, would also help reinforce good practice.
                Professor Kay asked whether more could be done, possibly in collaboration with
                the National Institute for Health Research (NIHR), to increase the research and
                training programme places available as this would most likely improve the on-
                going recruitment issues in relation to medical staffing. Professor Harris
                concurred and added that there was a vast imbalance of training numbers, both
                at the previous SHO grade and registrar grade, in the spine of the country. He
                added that the South West peninsula was particularly disadvantaged in this
                respect and that the national acceptance of this was being addressed.
                Professor Harris confirmed that the numbers were gradually increasing, with
                efforts to ensure this was also equitable across the Trusts in the peninsula.
                Referring to the role of MY CARE in the stratification of risk, Professor Khalil
                asked what data was available to provide assurance that the process was
                robust, for example when the wait and acuity increased. Professor Harris said
                that clinicians were able to see all the relevant information with diagnostic
                results and notes more readily and immediately available. This allowed them to
                make secondary and even tertiary risk judgements.

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Mr Matthews noted that there was not a clear date for resolution of the issues
                relating to MY CARE and Venous Thromboembolism (VTE) data and he queried
                whether this could be masking potential patient safety issues. Professor Harris
                assured the Board that substantial efforts were being made to address this and
                he highlighted to the Board that these were best practice advisories which
                reminded staff to complete assessments. Compliance had already increased
                from 50% to 79% since these were switched back on, having been inadvertently
                temporarily switched off. Professor Harris confirmed that there was no evidence
                of increased harm as a result of this, the assessments had been taking place
                but had not been recorded, and there had been no increase of Pulmonary
                Embolisms or VTE’s as a consequence.
                The Board noted the Integrated Performance Reports.

     62.21      RD&E & NDHT STAFF SURVEY RESULTS

                Mrs Foster reported that although NDHT had seen an increase in the response
                rate, and the RD&E a slight decrease, this was due to the difference in
                approach to engagement. She added that work was underway to align this.
                Mrs Foster highlighted that this was the first year that both acute and community
                were benchmarked together as one group; as a result of this both Trusts were
                benchmarked against the same group.
                Mrs Foster said that of the ten key themes, the RD&E performed below average
                against similar Trusts on four of these themes; quality of care, immediate
                managers, safety culture, and team working. She added that immediate
                managers and quality of care had also declined since 2019 and work was on-
                going to address this.
                Mrs Foster was pleased to report that despite a slight decline for the immediate
                managers theme, NDHT still achieved the highest score across the
                benchmarking group.
                Mrs Foster commented that, at first glance, it appeared that work relating to
                annual leave had had a positive impact on staff sickness but further analysis
                would be undertaken to substantiate this. She invited questions from the Board.
                Noting the slightly better performance at NDHT than the RD&E, Dr Douglas-
                Riley acknowledged the huge cultural shift that had occurred at NDHT as a
                result of the Collaborative Agreement, and he asked whether this could have
                negatively impacted on the RD&E due to a possible perceived reduction in
                leadership. Mrs Foster said that the external company that undertook the
                survey on behalf of NDHT had reflected on some of the leadership changes
                over the last few years. She added that the rise could sometimes be slightly
                artificial but that the best of both Trusts would be fed into the cultural
                development work.
                Mr Down asked whether there were any lessons to be learnt in a more
                systematic way as to why there were such differences between the best and
                worst nationally for staff sentiment. Mrs Foster confirmed that work was
                underway nationally to look into this, with much more intelligent thinking as to
                what was being measured and how; this would be linked to the STP best place
                to work programme, which in turn would better inform plans.
                Mr Matthews expressed concern that the quality of care theme had declined for
                the third consecutive year at the RD&E and he asked whether there were any
                early indications as to whether this was localised to a specific Division or
                department. Mrs Foster reminded the Board that a deep dive had been carried

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out into this within the last few years which showed it was much less of a
                concern amongst clinical staff, and so a great deal of work had taken place as a
                result of this with non-clinical staff. Mrs Foster stressed the need to understand
                whether this was still the case; if found to be so, it could be linked to
                misconceptions similar to that highlighted within the patient story around day
                cases being a cost saving. Mrs Foster said that as part of the engagement
                strategy being developed, further work was planned to help managers have
                more holistic management conversations. She said that confirmation of
                completed actions would be reported to the People, Workforce Planning and
                Wellbeing (PWPW) Committee.
                Mr Orford noted that despite benchmarking ‘above the average’ 4% of staff
                reported to have experienced discrimination and he said it was important to
                acknowledge this was still not acceptable. Mrs Foster concurred and reiterated
                the importance of the inclusion work and obtaining qualitative data.
                Mrs Tracey reminded the Board that this was but one of the tools available to
                the Trusts. She added that teams with over 11 responses were able to receive
                their collective team responses.
                Mrs Foster said that an improvement in the immediate manager score was
                expected to positively affect a number of others as well.
                Referring to integration, Mr Brent asked what the Trusts were going to do to get
                smarter. Mrs Foster said that the cultural plan was due to be discussed and
                developed at the joint Board and Council of Governors Development day on 12
                July 2021. In addition to this, she suggested that a further update be provided
                at the June 2021 Board meeting in relation to the quality of care theme and
                management development.
                ACTION: Mrs Foster to provide a further update to the June 2021 Board
                meeting in relation to the Staff Survey, specifically the quality of care            HF
                theme and management development
                There being no further questions, the Board noted the report.

     63.21      NDHT GUARDIAN OF SAFE WORKING REPORT Q4 2020-21

                Professor Harris reported that there were eight exceptions in Q4 2020-21, all of
                which were F1’s who had been asked to work additional hours. He confirmed
                that all of these had been resolved.
                Mr Brent said it was important to keep promoting the value of exception
                reporting.
                The Board noted the report.

     64.21      RD&E & NDHT AUDIT COMMITTEE REPORTS

                Mr Matthews informed the Board that the RD&E Audit Committee (AC) had
                received an update from Internal Audit which included minor amendments to the
                Audit Plan for 2020/21, confirmation that three further reports had been finalised
                and all provided significant or satisfactory ratings, and they also provided
                assurance that although there was still a substantial amount of work outstanding
                before the end of the year, this would be finalised in time for the May 2021 AC
                meeting. Referring to the recommendations where due dates had been
                extended, Mr Matthews reported that the Audit Committee (AC) had received

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some assurance that the new process required a higher level of approval,
                therefore there continued to be a reduction in the overall number of those with
                extended dates for actions. He commented that, where appropriate, further
                action was planned to incorporate the actions that were still unclear into the due
                diligence process for the proposed integration.
                Mr Matthews reported that the AC had received and reviewed the final
                Pricewaterhouse Coopers (PwC) report on the fair value valuation for
                accounting purposes in respect of the MY CARE programme, and the AC was
                assured that reasonable judgements had been applied.
                Mr Matthews commented that an update from KPMG had been received, which
                indicated that good progress had been made with one relatively minor
                recommendation which had arisen from the interim audit visit.
                Mr Matthews highlighted to the Board that a significant amount of additional
                work had been required of the external auditors under new auditing guidelines
                this year in respect of the Value for Money (VfM) opinion. The new requirement
                would result in a more extensive narrative relating to VfM within the Annual
                Report.
                Mr Matthews reported that KPMG had highlighted a heightened risk in relation
                to financial sustainability, as a result of which they would be carrying out
                additional work as the audit was progressed through to final opinion.; this would
                be explained in further detail in the confidential meeting of the Board.
                On behalf of the NDHT AC, Mr Orford reported that in addition to the
                consideration of a number of Internal Audit reports, a review of the Standing
                Order/Standing Financial Instructions had been completed and the proposed
                amendments would be presented to the Board for approval in May 2021.
                Mr Orford informed the Board that the External Auditors were likely to report in
                their VfM opinion that they had identified a significant risk to financial
                sustainability and that whilst the outturn deficit of the Trust had been recovered
                in year, there remained a risk to the medium-term sustainability given the
                underlying deficit across the Integrated Care System (ICS). Mr Orford said that
                reducing the deficit would require close working with the wider ICS and
                successful implementation of a longer-term strategy.
                Mr Orford commented that the main item of business had been the Draft
                Accounting Statements for 2020/21 and he confirmed that the Going Concern
                opinion on the draft accounts was that ‘there are no material uncertainties that
                may cause significant doubt about the Trust’s ability to continue as a Going
                Concern.’ The AC noted the achievement of performance against the Capital
                Resource Limit, and a proposed disclosure to the accounts relating to the
                proposal for NDHT and the RD&E to ‘merge their operations, asset and
                liabilities into one single new Trust subject to review and approval by the NDHT
                Trust Board, RD&E Board of Directors, RD&E Council of Governors, and
                NHSE/I.
                Mr Matthews and Mr Orford invited questions from the Board.
                Mr Down asked whether the External Auditors had commented on the Going
                Concern opinion and whether this was reflected in the notes of the accounts.
                Mr Orford confirmed that the External auditors were satisfied with the Going
                Concern opinion. Mrs Hibbard added that there was very clear national
                guidance in relation to the Going Concern opinion which was to do with the
                likelihood of continuation of services rather than the legal form of a Trust in its
                own regard.

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There being no further questions, the Board noted the reports.

     65.21      REVIEW OF THE RD&E BOARD SCHEDULE OF REPORTS

                Mrs Holley said she would take the report as read, inviting questions from the
                Board.
                Mr Neal noted that although the schedule included MY CARE updates, it did not
                contain anything in relation to digital in the wider context. Mrs Holley confirmed
                that the new Digital Committee would report to the Board after each meeting
                and this would be reflected in the report schedule.
                Mr Down queried the removal of the key strategic issues discussion. Mrs Holley
                clarified that this would no longer be a standing item but would remain on the
                schedule with a frequency of “as and when required”.
                As part of the Trusts’ net zero obligations, Mr Tidman suggested that an Annual
                Sustainability & Development plan should be added. Mrs Holley noted this.
                The Board noted the report.

                ITEMS FOR ESCALATION TO THE NDHT & RD&E BOARD ASSURANCE
     66.21
                FRAMEWORKS

                The Board agreed that there were no items requiring escalation to the Board
                Assurance Framework, noting that this was also due to be reviewed in full
                during the Confidential Board meeting.

     67.21      ANY OTHER BUSINESS

                There was no other business.

     68.21      PUBLIC QUESTIONS

                Mr Brent invited questions from the public. 3.29
                Tim Bolot, a member of the public, asked whether there were any specific
                factors that indicated why the positions relating to Hospital Acquired COVID
                Infections were so different in terms of the infection prevention controls,
                assurance practices and ward accreditation. If so, he asked whether there were
                any practices that could be spread from the RD&E to NDHT to improve quality.
                Miss Reeves confirmed there was already a good process in place for the
                sharing of practice in general across the two Trusts. In relation to this specific
                point, she said work was on-going to understand the detail and a more
                comprehensive response to this question would be provided on both Trust
                websites, and emailed to Mr Bolot once the work was complete. Mr Bolot
                further asked whether it was an accurate reflection that one Trust experienced
                more than the other. Professor Harris said that further work was required to
                analyse the data in greater detail as it was not believed to be quite as the data
                appeared. He added that small variations in data had a big impact on the
                overall position at NDHT due to the fact it was a smaller organisation.
                ACTION: Miss Reeves/Mr Lugg to provide a more comprehensive
                response (via email and on the Trust websites) to the question raised by a           TR/JL
                member of the public (Tim Bolot) relating to the differing positions across

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the two Trusts with regard to Hospital Acquired COVID Infections
                Michael James, a public governor, was pleased to note the excellent
                communication between both Trusts, particularly for the patient in the patient
                story. He commented that the appointments telephone system needed further
                adjustments however and said he would contact Mrs Holley with further detail.
                Sue Matthews, a member of the public, commented that similarly to the patient
                in the patient story, a high number of patients had been asked to attend the
                RD&E for both MRI scans and ECGs rather than NDHT, reportedly due to the
                quality, and she asked whether there were any clinical concerns. Professor
                Harris confirmed that there were no clinical concerns at either Trust in regard to
                either the MRI or ECG scanners, nor the individuals operating them. He added
                that it was likely the reason was due to the fact there was a higher resolution
                MRI scanner at the RD&E.
                Sue Matthews further asked whether it was possible to see the potential impact
                of staff fill rates at ward level, and whether there was likely to be a staffing
                review as part of the issues around e-rostering. Mrs Tracey commented that the
                Board had made an intentional decision not to report staff rostering at ward level
                as it was too operational in nature, and the Board should instead be provided
                with assurance that there was a clear and robust process of review. Miss
                Reeves confirmed that this was the case, adding that both Trusts carried out
                regular establishment reviews. She said that this was a detailed process which
                looked at the acuity of patients, national benchmark information and the
                correlation with sickness and fill rates. The processes were overseen by Mrs
                Mills as Chief Nursing Officer and would be aligned between the two Trusts in
                the coming months.
                In relation to the patient story, Rosie Howarth-Booth, a member of the public,
                commented that overnight stay availability was a very important contribution to
                the overall experience. Mr Brent said this was widely acknowledged.
                Rosie Howarth-Booth asked, if the input to staff surveys was anonymised, how
                would those staff who had responded poorly be identified in order to get them
                involved with co-designing improvement. Mrs Foster reiterated that the data
                was anonymised, and only the data from teams of 11 or greater could be shared
                to ensure no individual could be identified. She added that the free text fields
                also provided further detail, this was again anonymised.
                There being no further questions from the public, the meeting was closed.

     69.21      DATE OF NEXT MEETING

                The date of the next meeting was announced as taking place at 9.30am on
                Wednesday 26 May 2021 via MS Teams.

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