Roles, Responsibilities and Membership of the Integration Joint Board Guidance and advice to supplement the Public Bodies (Joint Working) (Integration Joint Board) (Scotland) Order 2014 and Amendment Order 2025

Section 1: Role and Responsibilities of the Integration Joint Board

1. Role and Remit of the Integration Joint Board

The Act puts in place arrangements for integrating health and social care, in order to improve outcomes for patients, service users, carers and their families. The Act requires Health Boards and Local Authorities to work together effectively to agree a model of integration to deliver quality, sustainable care services. Where a Health Board and a Local Authority agree to put in place a Body Corporate Model, an IJB will be established. This will see Health Boards and Local Authorities delegate a number of functions and resource to the IJB, who will be responsible for the planning of integrated arrangements and oversight of onward service delivery.

The Health Board and Local Authority will set out within their integration scheme which of their functions they intend to delegate to the IJB. The scope of the delegated functions will vary depending on local decision making but must adhere to the statutory minimum:

• Health Board functions - The functions that may be delegated by the Health Board to the IJB as per the Act are set out in The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014.
• Local Authority functions - The functions that may be delegated by the Local Authority to the IJB as per the Act are set out in The Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Regulations 2014.

Both sets of regulations also set out which functions must be delegated to an IJB.

The IJB is responsible for the strategic planning of the functions delegated to it and for ensuring the delivery of those functions through the directions issued by it under section 26 of the Act. The IJB may also have an operational role as described in the locally agreed operational arrangements set out within their integration scheme.

To fulfil its remit the IJB will:

• Follow any regulations or guidance issued by Scottish Ministers in relation to it.
• Lead, coordinate and be accountable for stakeholder engagement.
• Take into consideration national developments in policy and practice.

The Scottish Government and COSLA’s jointly published Health and Social Care – Planning with People: Community Engagement and Participation Guidance sets out the IJBs community engagement responsibilities when health and social care services are being planned or when changes to services are being considered, and supports them to involve people meaningfully.

A full list of guidance and advice published to support the Act, is available at https://www.gov.scot.

1.1 The 2025 Order

The Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Amendment Order 2025 (“the 2025 Order”), which comes into force on 1 September 2026, amends The Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Order 2014 (“the 2014 Order”) to extend voting rights to formally appointed lived experience members of IJBs, specifically:

• service users;
• unpaid carers; and
• third sector representatives.

Existing appointed members in these categories will automatically become voting members from 1 September 2026 and will not require reappointment. Voting rights attach to the membership category rather than being limited to a specified number of individuals within that category. Where more than one representative has been appointed to a category (for example, more than one service user representative), all individuals formally appointed under that category will have voting rights. There is no provision to confer voting rights on only one individual within a category.

From 1 September 2026, an appointed lived experience member may also arrange for a suitably experienced proxy to stand in their place at a meeting where that voting member is unable to attend such a meeting (new Article 12(2) of the 2014 Order).

The extension of voting rights will increase the number of voting members and therefore raise the quorum requirement, as set out in the 2014 Order, which requires that at least half of all voting members are present for business to be transacted. Accordingly, IJBs must update quorum calculations to reflect the revised voting membership and ensure the statutory quorum requirement continues to be met.

1.2 Other Key Requirements of the Integration Joint Board

IJBs are public bodies, and as such are subject to a range of other requirements. An IJB must ensure that arrangements are established to comply with their duties as set out in legislation. Although the responsibility of compliance sits with an IJB, they may choose to draw on the experience of and/or request support from their constituent Health Board and/or Local Authority to aid in complying with legislative requirements set out below. In such circumstances the Health Board and/or Local Authority might wish to provide the support requested.

The requirements set out below are not intended to be an exhaustive list of all legislative duties that may apply to an IJB. Responsibility for identifying and ensuring compliance with all applicable legal requirements rests with the IJB.

1.2.1 The Public Records (Scotland) Act 2011

IJBs are designated as “authorities” for the purposes of the Public Records (Scotland) Act 2011. They will be obliged, therefore, to comply fully with the legislation.

Under that Act named public authorities must prepare, implement, and maintain a Records Management Plan that sets out proper arrangements for the management of their public records. Each Records Management Plan must be submitted to, and agreed by, the Keeper of the Records of Scotland (the Keeper) and must be kept under regular review. The plan must cover all public records for which the authority is responsible and must detail matters such as the identity of the responsible persons for the management of the records and compliance with the plan, as well as ensure there are provisions on matters such as archiving and destruction of records.

To assist public authorities to comply with their obligations, the Keeper has produced a model plan in the form of an annotated list of the elements that might be expected to be covered in a robust Records Management Plan. In addition the Keeper has produced Model Records Management Plan Guidance that accompanies the model plan.

A Senior Officer of the IJB will therefore be responsible for overseeing the development and implementation of the Records Management Plan and for approving it prior to submission for the Keeper's agreement.

Further details on the National Records of Scotland and the Public Records (Scotland) Act 2011 Assessment Team, and support they provide can be found on their website.

1.2.2 Records Management

IJBs must consider how their obligations under the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004 impact on records management practices, including how information is created, stored, and accessed. The Code of Practice on Records Management sets out recommended best practice to support compliance with these duties, and each IJB should have a Records Management Plan which has been agreed by the Keeper of the Records of Scotland.

Records Management Plans must clearly specify whether information is:

• held by the IJB,
• owned by the IJB, or
• held by the IJB on behalf of a Local Authority or Health Board.

Where an IJB receives a request for information that it holds on behalf of a Local Authority or Health Board, the applicant should be informed that the IJB does not hold the information for the purposes of the request and should be directed to the relevant Local Authority or Health Board.

IJBs, Health Boards, and Local Authorities may also wish to put arrangements in place - such as Memoranda of Understanding - to support the effective handling of information requests that relate to joint working, shared interests, or communications between the organisations.

1.2.3 Data Sharing

Health Boards and Local Authorities will continue to be responsible for answering data access requests in relation to any data for which they are the Data Controller. However, for requests in relation to any data for which an IJB is responsible, the IJB will be responsible for answering the data access request.

1.2.4 Subject Access Requests

Subject Access Requests are requests by individuals relating to their personal data. It is the responsibility of the data controller for that data to respond to these requests.

It is possible for the same data to be held by more than one public authority as a result of agreed sharing. IJBs must ensure that data sharing arrangements set out in the integration scheme are in place and that it is clear how requests are managed by both parties when shared data is involved.

Further information on Data Rights Requests can be found on the ICO website.

1.2.5 The Freedom of Information (Scotland) Act 2002 and Environmental Information (Scotland) Regulations 2004

The Freedom of Information (Scotland) Act 2002 (“FOISA 2002"), together with The Environmental Information (Scotland) Regulations 2004 (“2004 Regulations”) provide any applicant with the right to request - and be provided with - any recorded information held by Scotland's public authorities. If an authority does not wish to provide information it holds, an 'exemption' or (under the 2004 Regulations) an 'exception' must be applied, for example, for legal advice or personal data.

IJBs are a "public authority" for the purpose of FOISA 2002. This means they are subject to both FOISA 2002 and the related 2004 Regulations, as well as other requirements of freedom of information legislation, and will be required to respond to information requests accordingly.

IJBs should be aware of their responsibilities under this Code of Practice which sets out recommended guidance in the handling of information requests.

As Health Boards and Local Authorities are already subject to information access legislation, IJB members are likely to already have an awareness of the requirements that FOISA 2002 and the related 2004 Regulations place on officials and organisations.

1.2.6 Publication Scheme

Section 23 of the Freedom of Information (Scotland) Act 2002 also requires that all Scottish public authorities subject to that Act maintain a publication scheme. A publication scheme sets out the types of information that a public authority routinely makes available. The IJB will need to develop and put in place a publication scheme, along with a guide setting out what information it will make available.

It is important that consideration is given to the publication scheme - and associated guides to information sharing - as early as possible. A publication scheme must be approved by the Scottish Information Commissioner. Information on publication schemes is available on the Commissioner's website.

1.2.7 Office of the Scottish Information Commissioner

The Scottish Information Commissioner promotes and enforces both the public's right to ask for information held by Scottish public authorities and good practice by authorities.

The Commissioner's staff have considerable experience in assisting authorities who are new to the Freedom of Information (Scotland) Act 2002 / Environmental Information (Scotland) Regulations 2004 responsibilities and will be pleased to help.

They can be contacted on 01334 464610, or by email to enquiries@foi.scot.

1.2.8 Ethical Standards in Public Life - Code of Conduct

IJBs are "devolved public bodies" for the purposes of the Ethical Standards in Public Life (Scotland) Act 2000. This means that each IJB is required to produce a Code of Conduct for members. The code should be based on the model code of conduct for members of devolved public bodies.

Each IJB is required to review this model code and adopt it, with or without modifications, as its own Code of Conduct, applying to all members and business of the IJB. While some members may already be subject to another Code of Conduct, such as the Code of Conduct for Councillors, they are still required to adhere to the provisions of the IJBs Code of Conduct, as their duties as IJB members are distinct from responsibilities that they may have by virtue of other posts.

1.2.9 The Standards Commission

The Standards Commission is an independent public body which encourages high ethical standards in public life through the promotion and enforcement of Codes of Conduct for those appointed to the Boards of devolved public bodies, including the IJBs Codes of Conduct.

The Standards Commission has published guidance and advice notes which members should familiarise themselves with to support their interpretation of, and compliance with, the provisions set out in their IJBs Code of Conduct.

Members may contact the Standards Commission for advice about their responsibilities under the Code of Conduct and how to interpret any of its provisions.

The Standards Commission can be contacted using the contact us section on their website, or on the following email address: enquiries@standardscommission.org.uk.

1.2.10 The Ethical Standards Commissioner

The Ethical Standards Commissioner is an independent officeholder responsible for investigating complaints about members of devolved public bodies (including IJBs) and councillors who have breached their respective Codes of Conduct.

As IJBs are devolved public bodies for the purposes of the Ethical Standards in Public Life (Scotland) Act 2000, complaints of an individual board member breaching their Code of Conduct can be made to the Ethical Standards Commissioner. The Ethical Standards Commissioner can only consider complaints about a board member’s conduct, not their performance or any decisions they make in that capacity.^[1]

1.2.11 Equalities Duties

Section 149 of the Equality Act 2010 places a duty on public authorities to have due regard to the need to eliminate discrimination, harassment and victimisation; advance equality of opportunity; and foster good relations between persons who share a protected characteristic and those who do not.

All public authorities in Scotland, including IJBs, must comply with the Public Sector Equality Duty (PSED) set out in the Act.

Although the 2010 Act is largely reserved, Scottish Ministers have used their powers to support compliance with the PSED by placing detailed requirements on Scottish public authorities through The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012.

The Scottish Government has produced an Equality and Human Rights Mainstreaming Toolkit to support both the Scottish Government and the wider public sector in strengthening mainstreaming activity and meeting the PSED.

1.3 Liability arrangements for Integration Joint Boards and their members

IJBs are eligible to join the Clinical Negligence and Other Risks Indemnity Scheme (CNORIS) which covers the following areas of liability:

• Clinical negligence claims
• Non-clinical claims
• Employers’ liability
• Public liability
• Product liability
• Professional risks
• Money
• Fidelity guarantee
• Work away from NHS premises
• External quality assurance
• Miscellaneous (i.e. employment practices liability arising out of wrongful employment practices)

The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000 (as amended) makes provision for IJBs to apply to become a member of CNORIS. Membership is not compulsory, but represents a cost-effective alternative to arranging separate insurance. If an IJB decides to become a member of CNORIS then they will be indemnified as above.

If an IJB decides not to become a member of CNORIS then it will be prudent to ensure alternative arrangements are put in place to cover the IJB and its members against any claims arising in relation to liabilities listed above.

1.4 The Relationship Between the Integration Joint Board and the Strategic Planning Group

The 2014 Act places a requirement on IJBs to create a strategic plan for the area for which it is established. As part of this process, the IJB must establish a strategic planning group. The IJB must also determine the processes and procedures for the strategic planning group, subject to the provisions set out in section 32 of the Act.

After the strategic plan is published, the strategic planning group will continue to review progress of the plan, measured against the statutory outcomes for health and wellbeing, and associated indicators. It is recommended that strong lines of communication are established between the strategic planning group and the IJB. This is needed to ensure that the strategic planning group can effectively communicate its findings to the IJB which will help to inform and facilitate revisions to the strategic plan at least every three years.

A detailed explanation of the process for the development of the strategic plan can be found in the Strategic plans: Statutory Guidance.

1.5 Appointing a Committee of an Integration Joint Board

IJBs can appoint sub-committees should that be desirable. The 2014 Order extends the options available to an IJB in effectively planning for the provision of services by permitting an IJB to form a committee to carry out any of its functions as it sees fit. Any decision of such a committee must be agreed by the majority of the voting members who are members of the committee.

A committee of an IJB can only exercise the functions conferred upon it by the IJB. The purpose of the committee is to support the effective working of the IJB on matters which have been devolved to it by the IJB. This may be in an advisory capacity or, depending on the remit given by the IJB, the committee may have decision making powers to carry out certain functions of the IJB. In the interests of fairness and effective working, a committee of an IJB must include equal numbers of representatives from each constituent authority, as set out in Article 17(3) of the 2014 Order. This requirement relates to the balance of representation between a Health Board and a Local Authority/Local Authorities. It does not preclude the inclusion of lived experience members on committees.

An IJB can appoint advisory members to sit on a committee from outside the membership of the IJB, although, as before, any such decision must be agreed on by the voting members of the IJB.

1.6 Complaints Under Integration

1.6.1 Complaints About Integrated Services

Where a Health Board and Local Authority choose a body corporate model of integration, the Health Board and Local Authority will remain the responsible bodies for the delivery of health and social care services. As such, any complaints about service delivery will be dealt with through the existing health, social care and social work complaint handling procedures. These must adhere to the applicable Model Complaint Handling Procedure (MCHP) (NHS or Local Authority).

Health Boards and Local Authorities operating a Health and Social Care Partnership must ensure that the complaints process is integrated from the complainant’s perspective. Integration schemes must set out arrangements for the management of complaints about jointly delivered services and the process by which a service user, and those complaining on behalf of service users may make a complaint. The arrangements set out in the integration scheme cannot alter the underlying position, described above, that complaints are to be dealt with under existing health, social care and social work complaints handling procedures.

Complaint handling staff should be familiar with the different procedures for handling complaints depending on the responsible public body. They must adhere to all legal requirements and internal policies related to confidentiality and the handling and processing of service user information.

It is recommended that the Health Board and Local Authority ensure that:

• Arrangements for complaints are well-publicised, across a range of platforms, and clearly explained. Information on the complaint procedure should be available to service users in all areas of service provision.
• The complaint process is accessible. Reasonable adjustments must be made for the specific access needs of complainants to remove potential barriers. This may include the provision of interpreting services or alternative formats when required.
• Complainants are signposted to independent advocacy services and are made aware of their supported decision making rights.

To support learning and service improvement, it is good practice for IJBs to maintain oversight of integrated service complaints. Data on integrated service complaints should be included in regular governance reporting to the IJB.

1.6.2 Complaints About Integration Joint Boards

Complaints may be made about IJBs in relation to particular functions and duties that they have responsibility for, such as strategic planning.

IJBs are listed in Schedule 2 of the Scottish Public Services Ombudsman Act 2002 and as such fall under the jurisdiction of the Scottish Public Services Ombudsman (SPSO). IJBs must adopt the SPSO’s Model Complaint Handling Procedure (MCHP) for Scottish Government, Scottish Parliament and Associated Public Authorities.

The SPSO’s MCHPs provide a standardised approach to dealing with service user complaints across the sector in Scotland. In particular, the aim is to implement a standardised and consistent process for service users to follow which makes it simpler to complain, ensures staff and service user confidence in complaints handling and encourages organisations to make best use of lessons from complaints. Further guidance on public bodies’ responsibilities for complaints handling under the relevant MCHP is available from the SPSO.

The SPSO has powers to investigate the actions of IJBs in carrying out their duties, or any service failure attributable to an IJB. It cannot, however, investigate the merits of a decision taken within the IJBs discretion, unless the established processes have not been followed in making that decision.

Under Section 53 of the 2014 Act, IJBs are required to have regard to the guidance issued by Scottish Ministers.