Social Security Medical Appeal Tribunal: Appointment of New Members

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A decision made 13 March 2015:

Decision Reference: MD-S-2015-0022
Decision Summary Title :	Recommendations for Appointment to the Social Security Medical Appeal Tribunal		Date of Decision Summary:	12/3/2015
Decision Summary Author:	Head of Governance		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	NA
Written Report Title :	Proposition to recommend Tribunal Appointments		Date of Written Report:	12/03/2015
Written Report Author:	Head of Governance		Written Report : Public or Exempt?	Public
Subject: Social Security Medical Appeal Tribunal – Appointment of New Members
Decision(s): The Minister decided to propose the appointment of certain persons to the Social Security Medical Appeal Tribunal.
Reason(s) for Decision: The Social Security Medical Appeal Tribunal constituted under the Social Security (Jersey) Law 1974 hears any appeals on matters pertaining to the assessment and award of Long Term Incapacity Allowance. A recent amendment to the Law established the Social Security Medical Appeals Tribunal and provided that it should consist of a Legal Chair and two medical practitioners. Following a recruitment process overseen by the Jersey Appointments Commission, the Minister is recommending the appointment of an Interim Chair and two Medical Practitioners. The Minister is satisfied that the individuals proposed have the knowledge and experience required to undertake these roles.
Resource Implications: There are no financial or manpower implications regarding the appointment of the Tribunal Members.
Action required: Head of Governance to request the Greffier of the States to lodge the proposition and to request a States debate on the same on 14 April 2015.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Social Security Medical Appeal Tribunal: Appointment of New Members

PROPOSITION

THE STATES are asked to decide whether they are of opinion 

to appoint, in accordance with Article 6 of the Social Security (Determination of Disablement Questions) (Jersey) Order 1974, further to a process overseen by the Jersey Appointments Commission, the following persons as members of the Social Security Medical Appeal Tribunal for the period stated against their name–

Advocate Charles Thacker Chair (Interim period) until 30 November 2015

Dr Brendan Kellett Medical Practitioner 5 years

Dr Nicola Charles Medical Practitioner 5 years

Dr M Richardson Medical Practitioner 5 years

MINISTER FOR SOCIAL SECURITY

REPORT

Background

Article 6 of the Social Security (Determination of Disablement Questions) (Jersey) Order 1974 requires the Minister to constitute the Social Security Medical Appeals Tribunal (SSMAT).

The SSMAT will consider appeals regarding the award of Long Term Incapacity Allowance following assessments regarding loss of faculty made by a Medical Board. The Tribunal will review all facts placed before it by the Appellant and the Minister for Social Security and may confirm, reverse or vary the decision made by the Medical Board.

Until recently appeals regarding LTIA were heard by the Medical Appeals Tribunal, comprising three Medical Practitioners. Changes to the Social Security Law came into effect on 19 January 2015 and required the Minister to constitute the SSMAT. The constitution is given in the Social Security (Determination of Disablement Questions) (Jersey) Order 1974 as amended by the Social Security, Health Insurance and Income Support (Miscellaneous Provisions) (Jersey) Order 2015. This sets out the requirement for the Tribunal to consist of a Legal Chair and two Medical Practitioners (selected from a panel of up to 8 members).

Tribunal Chairs

The Minister is responsible for the constitution of three different Appeal panels, the Social Security Medical Appeal Tribunal (SSMAT), The Social Security Tribunal (SST) and the Income Support Medical Appeal Tribunal (ISMAT). In consultation with the Judicial Greffe, who is responsible for the convening and administration of the Tribunals, consideration is being given to developing a role of Chair across all three of Tribunals to ensure consistency of process and decision-making. This would support the further development of a Tribunals Service.

Chair of the Social Security Medical Appeal Tribunal

Cognisant of the changes noted above, the Minister sought the agreement of the Appointments Commission to appoint an interim Chair to the SSMAT while the role of Chair is further defined and a recruitment process is completed.

It is therefore proposed to appoint Advocate Charles Thacker as Chair to the SSMAT for an interim period. Advocate Thacker is currently the Chair of the SST and the Minister considers that this vacancy is best filled by an experienced Chair until further recruitment can take place.

Medical Practitioners

The role of the medical practitioner in the assessment of award for Long Term Incapacity Allowance is determining that there is a loss of faculty, the degree of loss of faculty and the period of the award.

Because of the medical nature of the test, it requires the knowledge and experience of a medical practitioner.

Two medical practitioners, Drs Nicola Charles and Brendan Kellet, were recently recruited by the Appointments Commission to serve on the SSMAT. A third practitioner, Dr Michael Richardson, had served on the Medical Appeal Tribunal prior to the change in legislation which took effect on 19 January 2015. Dr Richardson’s recruitment was also overseen by the Appointments Commission. It is proposed to appoint Dr Richardson to the SSMAT constituted under the new legislation.

Terms of appointment

The Social Security (Determination of Disablement) (Jersey) Order 1974 provides that members of the Tribunal are appointed by the States on the recommendation of the Minister after consultation with the Jersey Appointments Commission.

The Minister therefore recommends the Appointment of:

Advocate Thacker as Chair until November 2015
Drs Charles, Kellet and Richardson to the panel of Medical Practitioners for a term of five years.

Dr Richardson’s appointment is within the appropriate timescales as recommended by the Appointments Commission.

The Minister is satisfied that the individuals proposed have the necessary skills and experience.

Members proposed for appointment

Chair of the Social Security Medical Appeal Tribunal:

Advocate Charles Thacker was born and raised in Jersey. He studied law at Oxford prior to being called to the Bar in the UK in 1970. He was sworn in as an Advocate of the Royal Court of Jersey in 1974 and appointed Notary Public in the same year.

Advocate Thacker is a Senior Partner in the legal practice of Viberts and specialises in probate, property law and litigation.

He was elected President of the Jersey Law Society in June 2008, his term of office ending in 2012. He also served as the Chair of the Health and Safety at Work Tribunal

Advocate Thacker was appointed as Chair to the Social Security Tribunal in 2008 having been a member of the Panel since 1993.

Medical Practitioners:

Dr Nicola Charles graduated from Guys, Kings and St Thomas’s Medical School (now known as Kings College London Medical School) in 2005.

Dr Charles undertook her foundation years training at Queen Elizabeth Hospital, Woolwich, London and at the General Hospital, Jersey and completed her senior house officer training in July 2009, specializing in acute care common stem (acute medicine, emergency medicine, intensive care and anaesthetics).

Dr Charles returned to the Jersey General Hospital in August 2009 and has since been employed by the States of Jersey in the Emergency Department and became a member of the college of emergency medicine (now royal college of emergency medicine) in 2010.

Dr Brendan Kellet graduated from the University of London in 1991, having previously attained degree in Immunology from the same university.

He completed his foundation training at St Thomas’s hospital, London and the General Hospital, Jersey. After a further two years in hospital medicine, Dr Kellet completed the Vocational GP training scheme and returned to Jersey in 1995 where he practices as a GP.

Dr Michael Richardson trained in Edinburgh and graduated in 1982. After completing training in various parts of England, he was appointed a consultant in the North-East of England in 1991, moving to Jersey to take up his current position in 1993.

His special areas of interest are General Internal Medicine, Care of the Elderly, Rehabilitation, Rheumatology and Osteoporosis. He is currently Clinical Director of Medicine for the General Hospital and a Royal College Tutor. He supports The Parkinson's Disease Society and has undertaken the role of President of the Jersey Branch.

Finance and Manpower

There are no financial or manpower implications regarding the appointment of the Tribunal Members.

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