NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE RECRUITMENT AND SELECTION TO ADVISORY BODIES POLICY AND PROCEDURE

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1 NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE RECRUITMENT AND SELECTION TO ADVISORY BODIES POLICY AND PROCEDURE Responsible Officer Author Date effective from Business Planning & Resources Director Corporate Office December 2015 Review date December 2018 Audience Staff responsible for recruiting advisory committee members December of 12

2 RECRUITMENT AND SELECTION TO ADVISORY BODIES POLICY AND PROCEDURE Introduction 1. NICE relies on committees and groups that act as advisory bodies to the NICE Board to produce guidance for the NHS and the wider public health and social care community. It is important that the process for appointing members to these advisory bodies is consistent with the general approach used by the NHS and other government bodies when making public appointments. 2. This policy sets out the procedure for appointing to NICE s advisory bodies. 3. All teams at NICE, and those within external centres commissioned by NICE to develop guidance, that are responsible for recruiting to advisory bodies are expected to follow this policy. 4. Equality and antidiscrimination considerations are taken into account at every stage of recruitment. The policy embraces the requirements of NICE s Equality Scheme and relevant legislation and practice. 5. NICE aims to set up diverse committees that reflect the society we live in. To achieve this, in specific circumstances we may encourage applications from groups who are under-represented on advisory bodies. 6. NICE will collect data on age, disability, race, religion or belief, sex, and sexual orientation of applicants. Anonymised and aggregated data will be submitted to the NICE Board and published annually as part of NICE s Annual Equality Report. Scope 7. This policy applies to people working for NICE who are responsible for recruiting to advisory bodies. 8. This policy should be read alongside other relevant policies such as the policy on conflicts of interests. General approach 9. Appointments to public bodies by ministers are governed by the Code of Practice of the Commissioner for Public Appointments. Appointments to NICE s advisory bodies should attempt to match this Code of Practice, as far as is December of 12

3 practical and reasonable. This Code outlines that appointments must observe 3 basic principles: Merit An overriding principle that the choice of individuals (through their abilities, experience and qualities) matches the needs of the body in question. Fairness Selection processes must be objective, impartial and applied consistently to all candidates. Each candidate must be assessed against the same published criteria. Openness Information about the requirements of the post and the selection process must be publicly available. Appointments must be advertised publicly in a way that is designed to attract a strong and diverse field of suitable candidates. 10. There is no objection, under the Code of Practice, to NICE approaching potentially suitable people (directly or using nominating organisations) to suggest that they apply for the position of chair or member of an advisory body or expert panel, around the time of advertisement or if an advertisement has failed to attract suitable applicants. They would need to make a written application and to go through the relevant selection process described in the following paragraphs. 11. Sometimes, if a committee needs to be set up quickly, the initial recruitment process may not be by open advert. Alternative approaches to recruitment should be agreed by the NICE Board. Terms of office Standing committees 12. Appointments for chairs and core members will usually be for a 3-year period in the first instance. Topic expert members are recruited for a fixed number of meetings to cover the development period of a particular topic. 13. The maximum term as a chair or core committee member is usually 10 years on the same committee. In exceptional circumstances, appointments over 10 years must be approved by the NICE Board, and, the person will be expected to apply for the appointment in open competition. 14. When a core committee member is promoted from within the committee to vice chair, the new position will count against the 10-year total. For example, if a member serves one 3-year term and is then promoted to vice chair for another December of 12

4 term, they will be regarded as having served 6 years as a member of the committee. 15. When a core committee member is appointed to chair of that committee, it will count as a new appointment, and a 10-year maximum term begins. Topic-specific committee 16. Chairs and members of topic-specific committees are appointed for the duration of development of a specific guideline. Appointing the chair Standing committees 17. Chairs of standing committees will be considered after submitting a CV, covering letter, a completed declarations of interests form and after interview. Appointments will be made by: the chair of the NICE Board or a nominated deputy, who will be a nonexecutive director and who will chair the panel, and the chief executive or a nominated deputy from the senior management team, and the relevant centre director. Topic-specific committee 18. The chairs of topic-specific committees will be considered after submitting a CV, a covering letter, a completed declarations of interests form and after interview. Appointments will be made by: a non-executive director of NICE, who will chair the panel, and a senior member of staff from the guideline Developer, and the centre director or appointed deputy. Appointing the vice chair 19. The vice chair will be appointed following open invitation to all existing committee members to express their interest for the role. Interested members will need to submit a short rationale to the committee chair, describing their relevant experience and why they want to be vice chair. The chair, centre director and a senior member of the programme (usually Associate Director or above) will consider the expressions of interest and appoint the vice chair. Appointing committee members 20. Committee members (with the exception of lay members, see paragraph 24 below) will be considered for appointment after submitting a CV, a covering December of 12

5 letter, a completed declarations of interest form and after interview. A panel comprising the following will short-list candidates for interview: the chair or vice chair of the committee, and the centre director or appointed deputy (associate director or above), and a senior member of staff from the guideline Developer (where applicable) or an additional senior member of staff from the centre. 21. Interviews will be undertaken by: the chair or vice chair of the committee, and either the centre director or appointed deputy (associate director or above) or a senior member of staff from the guideline Developer (where applicable). 22. Interviews will not be required if there is one applicant and they already hold a committee position with NICE. Interviews may be held by telephone. Interviews will be in the standard format where all the candidates are asked the same set of questions. 23. Appointments have to be confirmed by the centre director or a nominated deputy. Lay members 24. Lay members will be appointed under the above process, with the exception that an application form is used instead of CV and covering letter. There will be a telephone interview. 25. The appointment of lay members will be supported by the Public Involvement Programme, which will facilitate recruitment paperwork and may undertake a preliminary assessment of the submitted applications against the role description and person specification before final selection. Individual recruiting centres will make final decisions about lay member recruitment, according to this policy. Reappointments 26. Chairs and members of advisory bodies will be eligible for reappointment if: they meet the current requirements of the advisory body their performance has been satisfactory the member s term of office has not expired NICE is content to reappoint, and they agree to being reappointed. December of 12

6 Recruitment advertising 27. All available positions will be publicly advertised, unless there are exceptional circumstances (see paragraph 11). Adverts should always be put on NICE s website. In addition, the recruiting centre should notify any relevant individuals or organisations about the advert. 28. Paid advertising is allowed, in exceptional circumstances, when funding has been approved by the relevant centre director. 29. The following information should be available on the NICE website and, if requested, in hard copy: an information pack role description and person specification application form (for lay member recruitment only) equality monitoring form NICE s policy on conflicts of interests and declarations of interests form applicant information form (chairs and non-lay members only). 30. Requests for a hard copy of the above information will be dealt with as quickly as possible. Information should be sent to applicants on the day of enquiry (by or post) and no later than 2 working days after receiving an enquiry. 31. When possible, the proposed interview date should be included in the advert. Role descriptions and person specifications 32. A role description lists the purpose, tasks and responsibilities of the role. A person specification describes the requirements against which applicants will be assessed to determine their suitability for the role. Person specifications must be attached to all role descriptions outlining the essential and desirable criteria the successful candidate needs to meet. The criteria identified must be objective, non-discriminatory and relevant to the needs of the post. 33. Role descriptions must include responsibility for ensuring there is appropriate consideration of the implications of guidance for equality (adapted according to whether the roles are for chairs or members), in line with NICE s Equality Scheme. This is a particular responsibility for chairs. Similarly, person specifications for chairs and members should include a commitment to eliminating unlawful discrimination, advancing equality and an understanding of or awareness of the issues of inequality in health, public health and social care settings. December of 12

7 Applications 34. Applications for chairs and members (excluding lay members) must include: an applicant information form a brief CV a covering letter explaining how they meet the criteria in the person specification and their motivation for applying for the role (maximum 2 pages) a completed declarations of interests form the names and contact details of 2 referees. 35. Applications for lay members should include the following completed forms: Public Involvement Programme application form (which includes details of 2 referees) declarations of interests. 36. Applicants are strongly encouraged to complete the equality monitoring form. 37. The closing time for applications will be 5pm on the closing date. Late applications will not be considered unless an extension to the closing date has been previously agreed. 38. Applicants who submit their application by should receive an response to confirm its receipt. Applicants who wish to submit their application by post should provide an address if they would like confirmation of its receipt. Shortlisting and selection 39. Shortlisting of applicants for chairs for interview must be undertaken by the panel members listed in paragraphs 17 and 18, with the exception of the chair of the NICE Board and non-executive directors who do not need to take part. Shortlisting of applicants for committee members must be undertaken by those listed in paragraph Panel members taking part in the shortlisting must independently complete the shortlisting template for every applicant. 41. The recruiting centre should send copies of the application forms to the panel members within 3 working days of the closing date. The pack will contain: role description and person specification applications December of 12

8 selection or shortlisting form completed declarations of interests form. 42. Shortlisting and selecting chairs and members must be undertaken by examining the application against the selection criteria, and applying the criteria consistently to all candidates on the basis of the information given in their application forms. Under no circumstances should the selection criteria (detailed in the person specification) be changed during shortlisting The criteria below should be used for shortlisting and interviews, with candidates scoring from 3 to 0, with 3 being the highest score for full compliance with the criteria and 0 being non-compliant. From the application (for chairs and members): Extent and nature of committee experience: assessed by reviewing the candidates applications with a higher relative score for more frequent contribution to committee work, and undertaking such work in escalating (local to national) settings. Ability to contribute to the work of the advisory body: assessed by considering the relevance of the professional or lay experience of the candidate to the work of the advisory body (when appropriate, the particular role on the advisory body), with a higher score given to greater frequency and relevance. Ability to understand and interpret multiple complex data sets: assessed by reviewing the qualifications and experience of the candidate and the nature of the advisory bodies to which they have previously contributed. Nature of the motivation underpinning the application: assessed by reviewing the covering statement, with a higher score given for more clearly articulated reasoning for applying for membership, and for reasons based on a desire to make a contribution to the general good, rather than for personal enrichment or career enhancement (although these may also be legitimate reasons for applying). 44. Selected and shortlisted applicants will be those who appear, from their application, to most fully meet the criteria of the person specification. These candidates must at least meet the essential requirements stated in the person specification. If there are a large number of applicants who meet the essential criteria, the desirable criteria may be used to determine the final shortlist (if such criteria were included in the person specification). December of 12

9 45. The designated members of the panel must individually complete the appropriate paperwork. The reason for a decision not to select or shortlist candidates must be clearly recorded. 46. All application forms, completed selection and shortlisting forms and the agreed interview questions must be returned to the recruiting centre after shortlisting and selection, together with the details of final shortlisted or selected candidates. 47. All applicants are entitled to receive constructive feedback from a member of the panel on the reasons for the non-selection of their application, if they ask for feedback. Interviews 48. Committee chairs must be interviewed before any offer of appointment. Members, including lay members, should also be interviewed before offer of appointment (with the exception outlined in paragraph 22). 49. For committee chairs, in addition to further exploring the criteria set out in paragraph 43, the following should be explored at interview: Individual style and approach: the way candidates present themselves at interview may give an insight into their ability to lead the work of the advisory body. Attributes that might reasonably be expected to become apparent during the course of an interview include: clarity of thought, ability to formulate and present (orally) an argument or position, and receptiveness to alternative views and perspectives. Higher scores can be given to candidates displaying more of these characteristics, or all of them more convincingly. Willingness and ability to comply with NICE s methods and processes: although it is appropriate for candidates to hold an independent view about how NICE should go about developing its guidance, they nevertheless need to confirm that they are content to apply the methods and processes current at the time of their appointment. 50. Interview forms must be completed by each member of the interview panel for each applicant interviewed. 51. A list of sample interview questions is available, from which the recruiting centre may select questions to ask applicants. The centre may also wish to include some topic-specific questions. In total we would suggest that candidates are asked no more than 10 questions, with a balance of technical and non-technical questions. Candidates must be asked the same set of core questions. December of 12

10 Appointments 52. On appointment, successful applicants must have completed: a declarations of interests form a confidentiality form conditions for committee membership. 53. Appointments should not be formally confirmed until these documents have been satisfactorily completed, and references have been received and approved by the Centre Director (for chair appointments) or the Committee Chair (for member appointments). References will not be required if the individual already holds a position with NICE. 54. Unsuccessful candidates should be informed of the outcome of their interview. Disqualifications 55. To serve on NICE guidance committees, committee members have to abide by NICE s business standards 1. These include conforming to the Nolan Principles set out in the NICE Code of Business Conduct and declaring any interests in accordance with the NICE code of practice for declaring and dealing with conflicts of interest. 56. Anyone who meets one or more of the categories below will be automatically disqualified from membership of any NICE committee: a doctor who is under investigation 2 by the General Medical Council, and who has had interim restrictions placed on their practice, or who has been removed from the Medical Register other professionals who are under investigation for professional misconduct, or who have been found to be in breach of appropriate professional standards by the relevant professional body anyone who has received a prison sentence or a suspended sentence of 3 months or more in the last 5 years. 57. Anyone who meets any of the categories below will not be automatically disqualified, but they may be asked to step down from membership of a NICE committee at the sole discretion of NICE: 1 Committees includes any formally constituted body involved in the development of NICE guidance including advisory bodies, Guideline Development Groups, panels and guidance committees 2 GMC Investigation is defined as an investigation into whether the practitioner s fitness to practice is impaired by reason of one or more of the heads of impairment set out in section 35c(2) of the Medical Act 1983 December of 12

11 a doctor who is under investigation by the GMC but has not been subject to any interim restrictions people who are the subject of a bankruptcy restrictions order or interim order anyone who has been dismissed (except by redundancy) by any NHS body those who have had an earlier term of appointment terminated anyone who is under a disqualification order under the Company Directors Disqualification Act 1986 anyone who has been removed from trusteeship of a charity. 58. Candidates should declare on their application if any of the points listed in paragraph 57 apply; the information will then be submitted to the NICE s Senior Management Team for consideration. 59. After any investigation has concluded, if a person is considered fit to practise by the investigating body, they will automatically be eligible for committee membership. 60. Candidates may also be disqualified from appointment by virtue of a conflict of interest as outlined in NICE s Policy on Conflicts of Interest. Record keeping, retention and monitoring 61. Each recruiting centre must maintain and monitor their recruitment process. The recruiting centre is responsible for making and retaining clear records for each of their recruitment processes. They must keep a copy of: the advert and recruitment pack the role description and person specification the shortlisting form for every applicant the interview form for every applicant who was on the interview panel the decisions made during shortlisting and interview and why every applicant's CV and covering letter or application form every applicant s declarations of interests form references the applicant s confidentiality form. December of 12

12 62. These documents must be kept in accordance with NICE s HR retention schedule. 63. Each centre is responsible for monitoring its processes to ensure that these are still in line with this policy. Monitoring equality 64. Every applicant is asked to complete an equality monitoring form. The recruiting centre should separate these from the rest of the application, collate and retain them in accordance with the HR retention schedule. They should not be made available to those sitting on the shortlisting or interviewing panels. All original application information will be held by the recruiting centre; the Public Involvement Programme will hold this for lay member recruitment. The equalities monitoring information should be securely held with limited access because it represents sensitive personal information. Anonymised equality monitoring information should be forwarded to the Corporate Office each year for inclusion in the annual equality report. Complaints 65. NICE encourages applicants who feel that equality and fairness were not observed during the recruitment process to bring their concerns to the attention of the Associate Director Corporate Office via to complaints@nice.org.uk. December of 12

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