Judicial Greffe: Family Court: Reserve Funding

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A decision made on 22 December 2021

Decision Reference: MD-TR-2021-0147
Decision Summary Title:	Reserve Funding for Judicial Greffe for Family Court		Date of Decision Summary:	14th December 2021
Decision Summary Author:	Specialist – Business Cases		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title:	Reserve Funding for Judicial Greffe for Family Court		Date of Written Report:	14th December 2021
Written Report Author:	Specialist – Business Cases		Written Report: Public or Exempt?	Public
Subject: The allocation of up to £266,000 from the General Reserve (DEL) to Judicial Greffe head of expenditure.
Decision(s): The Minister approved an allocation of up to £266,000 from the General Reserve (DEL) to Judicial Greffe head of expenditure to enable the relocation and running costs of the Family Court in line with their associated business case.
Reason(s) for Decision: Article 15(3) of the Public Finances (Jersey) Law 2019 states that the approval by the States of a Government Plan authorises the Minister to direct how an approved appropriation for a reserve head of expenditure in the plan may be spent (including on another head of expenditure) in the first financial year covered by the plan. The current Policy for Allocations from the Reserve, presented to the States Assembly as R.60/2021, sets the requirement that all allocations from the General Reserve (DEL) are recommended for approval by the Treasurer of the States, taking into account comments from the Principal Accountable Officer (PAO), prior to submission to the Minister for approval. Where a request for funding is made by Treasury and Exchequer, the Policy requires that the Principal Accountable Officer also recommends the request to the Minister. This has been circulated to the Council of Ministers in accordance with the requirements of the policy. The Investment Appraisal Team has reviewed the business case for this request as part of the Government Plan 2022-25 revenue investment workstream and recommends it for approval on the basis that they have been agreed as strategic priorities by the Council of Ministers as part of the Government Plan process. The future years effects of this business case will be addressed and resourced in the Government Plan 2022-2025, subject to approval of the States Assembly. Following this review, the Treasurer, taking into account comments from the PAO, recommends that the Minister allocates funding from the General Reserve (DEL). The Minister for Treasury and Resources signed a Letter of Comfort on 16th July 2021 stating that she would ring-fence up to £266,000 should the initial costs not be affordable from within the Judicial Greffe head of expenditure. It is highly unlikely that all of this budget is required for 2021 and Judicial Greffe will only receive budget required for a break-even position (excluding court and case costs) for 2021.
Resource Implications: The General Reserve (DEL) to decrease by up to £266,000 and Judicial Greffe head of expenditure to increase by the same amount. The future years effect of this allocation will be addressed and resourced in the Government Plan 2022-2025, subject to approval of the States Assembly. This decision does not change the total amount of expenditure approved by the States in the Government Plan 2021-24.
Action required: The Head of Financial Governance to advise the Specialist – Business Cases and the relevant Heads of Finance Business Partnering that this decision is approved.
Signature:		Position: Deputy S J Pinel, Minister for Treasury and Resources
Date Signed:		Date of Decision:

Judicial Greffe: Family Court: Reserve Funding

Treasury and Exchequer

Ministerial Decision Report

Reserve Funding for Judicial Greffe for family court

Purpose of Report

To enable the Minister to approve the allocation of up to £266,000 in 2021 from the General Reserve (DEL) to Judicial Greffe head of expenditure as detailed below.

Background

Existing facilities in the Royal Court Building for Family Court hearings are in need of improvement. Funds were initially allocated in the 2020-2023 Government Plan to develop a Family Court Centre in Piquet House. However, the project has not commenced and is unlikely to provide new facilities before 2024.

In the meantime, an opportunity has arisen to provide better and more appropriate facilities in another building, which is already partly occupied by the Judicial Greffe, resulting in the ability to enhance service provision during 2021. This solution was agreed by the Council of Ministers in July and associated funding for 2022 onwards has been included in the Government Plan 2022-25.

To deliver the intended solution, expenditure is also required in 2021. It was agreed that these costs would be met where possible from within the Judicial Greffe’s existing resources and the Minister for Treasury and Resources signed a Letter of Comfort on 16th July 2021 stating that she would ring-fence up to £266,000 should the costs not be affordable from within the Judicial Greffe head of expenditure. It is now forecast that the Judicial Greffe will need to access additional funding and this decision will therefore allow for a drawdown up to total outlined in the Letter of Comfort provided by the Minister.

Funding for the proposed Family Court solution has been delivered by repurposing the budget previously allocated to the Piquet House capital project.

Recommendation

On the basis that the Council of Ministers has agreed that this investment outlined above should be included in the draft Government Plan 2022-25, the Minister is recommended to approve the allocation of up to £266,000 in 2021 from the General Reserve (DEL) to Judicial Greffe head of expenditure to enable the implementation of this initiative in line with their associated business case.

Reason for Decision

Article 15(3) of the Public Finances (Jersey) Law 2019 states that the approval by the States of a Government Plan authorises the Minister to direct how an approved appropriation for a reserve head of expenditure in the plan may be spent (including on another head of expenditure) in the first financial year covered by the plan.

The current Policy for Allocations from the Reserve, presented to the States Assembly as R.60/2021 sets the requirement that all allocations from the General Reserve (DEL) are recommended for approval by the Treasurer of the States, taking into account comments from the Principal Accountable Officer (PAO), prior to submission to the Minister for approval. Where a request for funding is made by Treasury and Exchequer, the Policy requires that the Principal Accountable Officer also recommends the request to the Minister.

This has been circulated to the Council of Ministers in accordance with the requirements of the policy.

The Investment Appraisal Team has reviewed the business case for this request as part of the Government Plan 2022-25 revenue investment workstream and recommends it for approval on the basis that it has been agreed as strategic priority by the Council of Ministers as part of the Government Plan process. The future years effects of this business case will be addressed and resourced in the Government Plan 2022-2025, subject to approval of the States Assembly. Following this review, the Treasurer, taking into account comments from the PAO, recommends that the Minister allocates funding from the General Reserve.

The Minister for Treasury and Resources signed a Letter of Comfort on 16th July 2021 stating that she would ring-fence up to £266,000 should the initial 2021 costs not be affordable from within the Judicial Greffe head of expenditure.

Resource Implications

The General Reserve (DEL) to decrease by up to £266,000 and Judicial Greffe head of expenditure to increase by the same amount.

The future years effects of this allocation have been addressed and resourced in the proposed Government Plan 2022-2025, and only subject to approval of the States Assembly will funding be available. This decision does not change the total amount of expenditure approved by the States in the Government Plan 2021-24.

Report author: Specialist – Business Cases

Document date: 14th December 2021

Quality Assurance / Review:

Acting Group Director, Strategic Finance and the Head of Financial Governance

File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DS, WR and SD\2021-0147 - Reserve funding for Judicial Greffe for Family Court

MD sponsor: Treasurer of the States