Business Management Group Terms of Reference

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20 Νοε 2013 (πριν από 3 χρόνια και 4 μήνες)

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Business Management Group

Terms of Reference



1.
Context


1.1
Waltham Forest

LINk Business Management Group will
ensure that LINk activity is effectively managed, co
-
ordinated
and implemented and that the LINk continues to be truly
represe
ntative of the local community
.


1.2
Members of the Group will have been nominated

/ elected
on the basis of being best able to continue to develop the LINk
and its activities.



1.3

The
Business Management Group
has been es
tablished to
ensure that WF LINk

remains accountable

to its membership
and
works in partnership with
the
host organisation, Voluntary
Action Waltham Forest (
VAWF
)

in the spirit of the joint protocol
arrangements ag
reed by both parties on
Wednesday

of
25
th

May 2011
.

(The
protocol
agreement entitled LINk and VAWF Memorandum
of
Agreement) is shown as Appendix 4.

WF LINk

will

be of benefit
to individuals

and
groups in the
borough of Waltham

Forest.


1.
4

The legal
frame
work with which

the Business Management
Group
operates is set out in Appendix 1
and these duties are
incorporated within the general roles and responsibilities
undertaken by BMG members on behalf of Waltham Forest
LINk.




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2.
Aim



2.1
The primary aim of

the Business Management

Group is to
monitor,
as
sist and advise on the

finances
and business activity

of WF LINk
.


3.
Protocol Arrangements


3.1
Arrangements to support partnership working

with relevant
stakeholders will be developed by the Gover
nance sub
group

and
supported by LINk staff.



3.2

The Business Management Group will
comment and ratify
all WF L
IN
k protocol arrangements developed by th
is
Sub
Group.



3.3
All p
rotocol
arrangements and

governance matters will
receive final approval by the general
LINk membership.


3.4
The sub group will support the Business Management Group
to provide clear managerial direction to further the business
activity of WF LINk.



4.
Business Management

G
roup M
embership


4.1
(a)

WF LINk

organisation members may nominate
one
person from their org
anisation to sit on the Business
Management
Group.



(b) subject to the BMG
s
election
and or election
process
(Appendix 2)


(c) length of
the s
election

and or election

process


4.2
Individual members will also b
e invited to sit o
n the
Business Management Group.


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4.3
Nominated persons have the delegated authority to take
decisions at Business Management Group meetings.


4.4
At the request of the full membership, m
embers will

engage
in discussions on the
overall strategic
developm
ent
and
direction
of WF LINk, the local commissioning process
,

how to
influence commissioning

and
the
effective and targeted delivery
of local health and social care
provision as

required.


4.5
If s
eats / positions are not filled th
rough
the
selection/
elec
tion process
the Busi
ness Management Group has

the power to elect relevant people / organisations to these
positions, with a

majority vote of the Business Management
Group (and with

the support of the host
organisation, VAWF, to
ensure that r
elevant proced
ures and

guidance
is a
dhered to).


4.6
Membership is renewable a
nnually
.

Members of the
Business

Management

Group will agree

to rotate

the c
hair
ing of
its meetings
on a
r
egularised

basis

(to be agreed)
.


4.7
The Business Management Group may invite extern
al
bodies to attend Business Management Group meetings but
such bodies
will have no voting rights.



See Appendix 3 for list of BMG members


4.8
Meetings will also be attended by a representative of VAWF
,
LINk host organisation,
and LINk staff.


4.9
Membe
rship of the Business Management
Group can be

withdrawn if a member
(a)

does not attend three consecutive

meetings
,
(b)

upon a

brea
ch of the Code of Conduct

or
(c)
a
serious conflict of interest arises
.


4.10
The Terms of Ref
erence will be reviewed
a
nnually
.


4.11
VAWF
will be limited to
one t
rustee
s

on
the
BMG

at
any one time

in order to ensure LINk independency

and

minimise potential conflicts of interest


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4.12
Only one
member

of the BMG who is also a Trustee
of the host
organisation wil
l hold voting ri
ghts.


5.
Meeting Arrangements


5.1
The meetings will take place
every six weeks
and will be
facilitated by

the LINk Coordinator
.


The venue
and times
of the

meeting
s

may
be rotated.


5.2
All
Business Management
Group members

are expected to

attend the
mee
tings
, or to send

reasonable

apologies for
absence in

advance of
the

meeting
(s)
.



5.3
If three consecutive meetings or

more
than one third of
meetings are missed

without prior notice

and reasonable
apology,
the
member concerned will no longer be invited
to
future Business Management Group meetings.


5.4
Failure to attend can also result in the
place

held by the
individual o
r organisation
be
ing

reviewed, and possibly
withdrawn

and
the
second

place individual/ organisation
from

the

selection
/ election pr
ocess

be invited to fill the vacant

position.


5.5
Business Management Group members
can place

items on
the agenda but must provide
notice of the
proposed items and

any relevant
papers not less
than 5

days

prior to the meeting

concerned
.



5.6
The agenda

and papers will b
e prepared and circulated by

LINk staff

not less than one week before the meeting.

Minutes
and action points

from the meeting

will be recorded and
circulated.



5.7
In some circumstances consultation and feedback will be

sought via email

or telephone contact.


5.8
The Business Management
Group will require a quorum of
five members to make major decisions or sign off documents

at
its m
e
etings
.

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5.9
WF LINk
’s

Business Management
Group aims to reach
agreement by consensus, where agreement ca
nnot be achieved
a vote will be taken.




5.10
Each member will have one vote
, with
the exception of
clause 4.12
.

In the event of a vote cast and a two
-
third
majority reached the matter will be deemed as resolved.



5.11
Major decisions may also
need to b
e approved by the LINk
membership and
supported

by
VAWF.



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APPENDIX 1


Objective


The Business Management Group will:




Provide opportunities for LINk

members to contribute to
the strategic development of WF LINk



Oversee, monitor and review the activities
of WF LINk



Provide feedback to its members, local stakeholders,
VAWF and the Overview and Scrutiny Committee



Explore and advise on proposed areas of the work that
su
pport the development of WF LINk



Review and agree all strategic WF LIN
k

operational project

plans and activities on behalf of WF LIN
k
.



Promote WF LIN
k

at borough level and diss
eminate
information as required



Establish protocol arrangements with key stakeholders



Promote and share good practice.



Ensure effective communication with other Local
Invo
lvement Networks

and other stakeholders



Set up task groups upon consult
ation with the wider
membership
, if appropriate.



D
evelop criteria for the selection of WF LINk
representatives on to Boards, Committees, Panels etc

and

provide update to
the
wider membe
rship and obtain
membership approval



A
pprove and sign off the WF LINk Annual Report and any
accompanying recommendations, in order for the Report
to be submitted to the Department of Health and other
key stakeholders



Make recommendations to the WF LINk mem
bership


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APPENDIX 2


BMG ELECTION PROCESS


Election Process to the Business Management Group

The following process for elections has been agreed by the
Governance Sub Group and
wider WF
LINk membership.


Stage 1
-

Nominations

Nominations will be sought f
rom interested parties to the above
structure

and areas of representation available.

Nominations
will be undertaken via

the nomination forms for election to the
Business Management Group under the appropriate Category
(a, b or c as above).


All nominees a
re required to complete a statement (and attach
photo
ID

as

part of their nomination) clearly stating the reasons
why they wish to stand

and be elected as a LINk Business
Management Group member.


Stage 2
-

Confirmation and Acceptance of Nomination

An initi
al sift of the nominations received will be undertaken by
LINk staff and a

panel consisting of an individual from the host
organisation, two LIN
k

members and one other person or
organisation (agreed by the LIN
k

membership) will assess the
nominations and e
nsure that conditions for eligibility
have been

met.


The panel will be
assess
the suitability of the applicant in
carrying out the general functions of the Business Management
Group and will also determine
whether any
necessary
resources/ adjustments can

be p
rovided in order for
the
applicant can carry out their role and responsibilities

as a
Business M
anagement Group member
.



The panel may

also invite

nomine
e
s

to interview to ascertain or
clarify their suitability if deemed necessary. Those deemed
unsu
itable will be informed and not put forward for election.



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Stage 3
-

Voting from Members

All nominees who have successfully completed stages 1 and 2
will be entered
, if appropriate,

onto a ballot paper in the
appropriate category. Only registered members
of LINk will be
able to vote
for

their preferred choice.


Other local residents and service users will also be able to
vote in this process, but only upon completion and return of a
WF LIN
k

membership form by the cut off date stipulated.

Both individual an
d organisation members of WF LINk will have
ONE

vote

each.

Voting members will be able to vote on their
first and second choice

for each seat or category.


Members will also be given the option to
exercise a proxy vote
via the
Nominations Panel

on
their b
ehalf
.


Seats / Categories A and B

If there is a majority vote for the first choice (even by one
v
ote) then the nominee

will be duly elected.

If votes are tied
equally the second choice will be counted and taken into
account.


Seats
/
Categories C

The hi
ghest number of votes for each person will be counted for
the available seats.

The residents or service users wh
o

receive
the highest number of first votes consecutively will be elected.

There is no individual counting for each seat and the residents
or
service users who score the most will be elected.


If votes
are equal or tied for the amount of seats available then the
second choice will be counted and taken into account.


Support & Information on Election Process

Three public meetings will be held acr
oss the borough so that
interested parties may attend to find out more about WF LINk
and the duties and responsibilities required of Business
Management Group Members.


Support and assistance will be offered to

develop Nomination
Form statements, if requi
red, to
those who wish to stand

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particularly those
with disabilities,
special needs
and/or have
E
nglish as
a
second language,

or

are standing as residents or
service users
in order
to ensure that they draw on their
experiences and expertise of accessing lo
cal services.


Co
-
opting on / Filling vacant Seats on the Business
Management Group

If all seats / positions are not filled through the election process
then the Business Management Group would have the pow
er to
(s)
elect relevant individuals

/ organisation
s to these positions
with a majority vote of the Business Management Group (and
with the support of the host to ensure that the relevant
procedures
and guidance

have

been adhered to).

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APPENDIX 3


C
urrent Business Management Group members are:




BAME
-

Moha
mmed Yaqoob Rachyal



Carers
-

Ray Chandler



Disability
-

LGBT
-

Sarah Humphries



Mental Health
-

Neil Collins



Older People
-

Jeff Blay *



Refugees & Asylum Seekers

Dr Nihad Fathi Moghrabi



Young People
-

vacant


Local resident and/or health and social car
e users are:



Sheila Bass



Mohammed Qureshi



Kay Winn
-
Cannon


1
v
acancy



Community Reps


2
v
acancies





















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Appendix 4


Protocol A
greement
between
WF L
ocal
I
nvolvement
N
etwork

and V
oluntary
A
ction
WF, host organisation


VOLUNTARY ACTION WALTHAM FOREST



MEMORANDUM OF AGREEMENT

with
W
ALTHAM FOREST LOCAL INVOLVEMENT NETWORK



BACKGROUND


A
LINk

‘may include formal and informal partnerships or forums, or voluntary
sector counci
ls or alliances….’
The LINk should have in i
t’s membership
individuals interested in furthering involvement in Health & Social Care issues
and
‘should bring together
a wide

range of community and voluntary sector
organisations

that work in the Health & Social Care
f
ields

in
Waltham Forest
.



Volunt
ary Action Waltham Forest (VAWF) is the agency

contracted by
The London
Borough of Waltham Forest

to
host a

LINk

in the London Borough of Waltham
Forest.


PURPOSE OF THE AGREEMENT


To describe the relationship between Waltham Forest
L
ocal
I
nvolvement
N
etwo
r
k

(
LINk
)

and

Voluntary Action Waltham Forest (VAWF)

and their individual roles
and resp
onsibilities in relation to the LINk


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To clarify the terms by which VAWF will share responsibilities with
WF

LINk to
comply with the terms of the contract with LBWF an
d the Department of Health
as relevant for the duration of this agreement.

TIMESCALE


This agreement covers the period

1.10.08
-
31.3.12.

The
chairs or representatives

of
VAWF and the LINk
,

namely

the Chief Executive

Officer of VAWF and the LINk

Co
-
ordinat
or will review the agreement
on an annual basis

and will submit
any

revised document to the
relevant
LINk

forum

and

the Board of VAWF
for
approval.


PRINCIPLES OF THE AGREEMENT


LINk

and VAWF
are committed to working in equal partnership to develop the vo
ice
of the
individuals with an interest in furthering involvement in decision making
within the Health & Social Care fields and the
community and voluntary sector in
Waltham Forest
.



This agreement defines the areas of responsibility held by Waltham Fores
t
LINk

and
their commitments to each other as outlined in clause 5

below
.


The Trustees of VAWF, which is a registered charity and company limited by
guarantee, have a legal responsibility for financial probity with respect to the
contracted funds as regar
ds VAWF being the host organisation for the WF
LINk:

employing

and supporting the

LINk

staff, and ensuring the delivery of
an
agreed

work plan in accordance with the
London Borough of Waltham Forest.


WF

LINk

is an independent body but does not have a lega
l structure. VAWF
should
enable
the
LINk

to develop and run its affairs within the context of the
contract with LBWF,

work plan and
LINk direct activity
budget. VAWF will
have involvement at an operational level to ensure clear lines of
communication are
maintained

and
to provide support and
facilitate
communication
between the Board of Trustees and the
management
committee known as the Business Management Group of the
Network.


VAWF is also entitled to membership of the Network, in its own right, and not
as
host body. In order to eliminate any potential conflict of interest around
voting Trustees who are also Business Management Group members will have
no voting rights. No more than one Trustee of the host organisation is entitled
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to membership of the Busi
ness Management Group at any one time. Where
there is voting the conflict of interest policies of VAWF and LINk shall apply.


At the beginning of LINk meetings
, and particularly Business Management Group
meetings,

members should declare whether they have a
ny conflicts of interest
regarding their involvement in the LINk or regarding any of the agenda items
and are expected to declare such at any time during the meeting should the
need arise.


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ROLES AND RESPONSIBILITIES

Voluntary Action Waltham Forest


VAWF’s

role is to support and facilitate the development of voluntary and community
organisations through capacity building and training, developing representation, liaison,
the provision of information and funding support and advice
.

VAWF is the Lead
Organisati
on and Responsible Body contracted by the London Borough of Waltham Forest
to administer the LINk contract and facilitate the development of a LINk in Waltham Forest

VAWF’s legal responsibilities as per its contract with LBWF are to

enable, support and
fa
cilitate the LINk in its activities

.


Specific responsibilities in relation to the delivery and management of the contract and the
development of the LINk are to:


Ensure that agreement is reached on
, the annual action plan and budget prior to the start
of each
financial year
.



Negotiate, jointly with
LINk
,
as necessary any
funding a
rrangements
with
the London Borough of
Waltham Forest
.




Be accountable to
the London Borough of Waltham Forest

for the use of
the contracted funds.



Provide guidance and s
upport to
LINk

in meeting its objectives as outlined in clause 4.3



Support the delivery of the agreed action plan



Prepare
and submi
t
monitoring
, evaluation and other reports
for
London Borough of Waltham
Forest
as required
/agreed.



Delegate and enable

the strategic planning and day to day management
of
the LINk

in the context
of the agreed work plan and
LINk direct activity
budget
.’



Provide line management support to the
LINk

Co
-
ordinator in accordance with normal VAWF
practice
s’
.



Provide a human r
esource function to the
LINk

in respect of staff recruitment, payment of salaries;
personnel systems, employment legislation and good practice etc.



Provide office space if required
.’


Produce appropriate financial management and reports in relation to th
e income and expenditure
of
the LBWF c
ontract

for use by
LINk

and ensure that the appropriate budget adjustments
take place to enable this to happen.



Produce financial management and reports for use by
the LINk and the
London Borough of
Waltham Forest
.’



Provide financial administration on behalf of
LINk
.’


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Make available to
LINk
, subject to the constraints of data protection legislation, all information
pertinent to its role and responsibilities
.’


Ensure that

a named representative of
the
LINk is

info
rmed immediately if there are any problems
in relations to the contract with
LBWF
.’


Ensure that effective day to day communication between VAWF and
WF
Local Involvement
Network staff is maintained through the Chief Executive Officer of VAWF
.’


Waltham For
est Local Involvement Network


The aim of
WF

LINk
is to encourage individuals

and
local

voluntary and community
groups
to

take part in relevant discussions

and become involved in the
delivery of local health and social care services.


Waltham Forest
LINk

i
s responsible for managing its own day to day affairs
. This
should happen within
agreed
annual
work plan
s

and
the direct activity
budget
, as well as in compliance of the contract signed up between VAWF and
LBWF. LINk
’s specific responsibilities in relation

to the development

of the
LINk

and the delivery
of the service

in Waltham Forest are to:


Provide a forum where

individuals and

local community and voluntary groups can discuss their
concerns and develop their ideas in order to advance Health & Social Ca
re inclusion
,
ensuring that all members of the community are aware that they have
opportunities

to
express their views and directly influence Health & Social Care service providers
.’


Help develop procedures for choosing individuals
and community and vol
untary sector members
interested in improving Health & Social Care in the London Borough of Waltham Forest
.’


Provide two
-
way feedback between individuals

and the community and voluntary sector
in LBWF
to provide a framework for discussing local health an
d social care issues
.’


Provide a means of improving and increasing communications so that information affecting the
whole community
with

regards health & social care issues can be distributed more quickly
and effectively

.


Agree working relationships b
etween relevant statutory bodies involved in health & social care
issues
,
interested individuals

and the community and voluntary sector
in Waltham Forest
.’


Agree, jointly with VAWF, the annual action plan and LINk direct activity budget prior to the sta
rt
of each financial year

.


Negotiate, jointly with VAWF as necessary, the funding agreement with LBWF
.’


Deliver the agreed action plan and negotiate with VAWF any changes that may be required

.


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Spend LINk resources in line with the agreed direct activ
ity budget and work plan and negotiate
with VAWF over any changes that might be required.



Ensure that LINk facilities and services are used only for LINk business.



Ensure that LINk policies, processes and structures are transparent, open and accessible

and that
they facilitate the delivery of the action plan and LINk direct activity budget.



Ensure
clearly defined objectives and

action plan for the LINk are agreed on an annual basis
.’


Develop and provide VAWF as necessary

with
information about LINk i
ncome, direct LINk budget
expenditure and relevant cash flow
.’



Agree with VAWF reports on activities, staffing and operational matters in relation to the agreed
action plan, and requirements under the host contract with LBWF
.’


Enable the involvement of
VAWF in relevant meetings of the LINk and provide VAWF with copies
of minutes of LINk Business Management Group, meetings and relevant internal and
external correspondence.



Undertake an annual evaluation of the progress and impact of LBWF contracted fund
ing for the
LINk.



Ensure that all VAWF policies and procedures are adhered to in relation to staff management,
employment practice, health and safety, financial management and equal opportunities
etc, and ensure that good practice is observed in all matt
ers.



Ensure that effective day
-
to
-
day communication between LINk and VAWF is maintained through
the LINk Co
-
ordinator and in his/her absence a designated LINk named representative
.’


VARIATION OF THE WORK PLAN AND BUDGET


A variation of the agreed work p
lan and
direct activity LINk
budget must be jointly
agreed by the
LINk

and VA
WF Board
. Such variation need

to take into account
the effect on current work load and available financial resources. Where a
situation arises that the meetings of the
LINk

and

VAWF are not able to meet
within a reasonable time to agree these variations and the matter is both
urgent and necessary,

then action from chairs or named representatives

from
VAWF and the LINk
should be deemed acceptable for the purpose of the
variation.



Chairs’ or named representatives’

action should be confirmed in writing either by
letter, or email and the Chair’s Action and the reasons for it reported to the
next
LINk and VAWF Board meetings.


Authorisation for expenditure

of LINk Direct Activity Bu
dget
will

follow standard

VAWF’s procedures, with the authorisation of the

LINk Coordinator also required and,
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for amounts over £1
5
00 or

contractual commitments cov
ering long periods of time, the

authorisation of a designated LINk member will also be r
equired
.


REPORTING STRUCTURE FOR LINk

EXPENDITURE


VAWF has overall responsibility for the proper management and administration of
LINk

expenditure. VAWF

staff
will
ensure that

regular

relevant

financial

and
management
reports
are presented within the ti
mescales requested
to the
Board of VAWF and
LINk
Business Management Group
and

Finance Sub
Group.


VAWF and
LINk

have joint responsibility for ensuring that
relevant
quarterly
financial reports are made available to both Boards.


STAFF


Staff are employed
by VAWF and therefore all employment and recruitment policy
and practice is in accordance with VAWF procedures. However the
LINK

decides what staff are needed according to the work plan and agreed
LINk

direct activity
budget, and recruitment is carried o
ut jointly by VAWF

and
LINk
.


The LINk C
o
-
ordinator will be managed by VAWF. Other LIN
k

staff will be managed
by the LINk

Co
-
ordinator

in line with VAWF policies and procedures and general
good practice
.



L
INk work plans will be developed and agreed and
monitored by the LINk

with


consideration to the terms and conditions in contract between VAWF as the



host and LBWF.



In the event of any concerns relating to the performance of staff
,

the LINk will


liaise with the VAWF
Chief Executive Officer. If the concerns involve the Chief


Executive Officer
,

the named representative of the LINk will liaise with



VAWF’s chair
.






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DISPUTES


In the event of a dispute between VAWF and
LINk

the priority will be to

continue
the work of the
LINk

with minimal disruption. Both parties will actively seek a
solution to the dispute, cooperating to resolve matters as rapidly as possible.


Most points of contention will be resolved on an informal basis between the
named
rep
resentative of the LINk

and the VAWF Chief Executive Officer. Any
clarifications or interpretations of the agreement agreed in this way will be
noted in writing and appended to the agreement subject to ratification by the
LINk Business Management Grou
p an
d

VA
WF Board.


WF

LINk

is required to operate according to VAWF policies and procedures and
therefore, if any
LINk

staff ha
s

a grievance against the
LINk

itself, the member
of staff should abide by said policies and procedures, as they would in relation
to

VAWF as their employer.


If a matter arises which cannot be resolved by the informal mechanism,
a
designated LINk member

and the Chair of VAWF will meet formally to resolve
the issue. Notes of these meetings will be kept and any agreement reached
noted a
nd appended to the agreement subject to ratification by the
LINk

B
usiness Management Gro
up and the

VAWF
Board
.


If either party believes no progress is being made in negotiating an agreement, a
mutually agreed person or body may be asked to mediate.


If t
his process fails to resolve the matter then either party may ask
LBWF

to
arbitrate on the issue. This step should only be taken as a last resort.


VARIATION OF THE MEMORANDUM OF AGREEMENT


A variation of this current Memorandum of Agreement must be jointl
y agreed by
the
LINk

Business Management Group
a
nd VAWF Board
. Such a variation
should not seek to change the fundamental status or responsibilities between
the various parties.


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Where a situation arises that the meetings of the
LIN
k

and VAWF are not a
ble to
meet within a reasonable time to agree these variations and the matter is
both urgent and necessary,
a
ction
of designated representatives of VAWF and
LINk

should be deemed acceptable for the purpose of the variation.


Any

a
ction should be confirmed

in writing either by letter, or email and the Chair’s
Action and reasons for it reported
at

the next
LINk

or VAWF Board meeting.


DISSOLUTION OF AGREEMENT



The agreement can be ended at any time by mutual agreement of both the Board of
VAWF and the
LINk

Business Management Group
. If either VAWF or
LINk

wishes to end the agreement, they can make a request to the other party to
end the agreement. If the other party does not wish to end the agreement,
then the dispute process of the agreement should be used

to try and resolve
any issues.

If this process does not resolve matters, then the
LBWF may

be
asked to arbitrate and decide whether or not the agreement should be ended.


SIGNATORIES TO THE AGREEMENT

The Chair, for and on behalf
,

of Voluntary Action Walth
am Forest

Name

(PRINT)
:


Signature
:


Date
:



AND

Named representative on behalf of Waltham Forest Local Involvement
Network


Name

(PRINT)
:


Signature
:


Date
:

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