Government of Jersey

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (18.08.2009) to approve the appointment of a new member to the Social Security Medical Appeal Tribunal.

Decision Reference: MD-S-2009-0047
Decision Summary Title :	Recommendations for Appointment to the Social Security Medical Appeal Tribunal		Date of Decision Summary:	14 August 2009
Decision Summary Author:	Compliance and Governance Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Proposal to recommend Tribunal Appointments		Date of Written Report:	13 August 2009
Written Report Author:	Compliance and Governance Director		Written Report : Public or Exempt?	Public
Subject: Social Security Medical Appeal Tribunal – Appointment of New Members
Decision(s): The Minister approved the appointment of one new member to the Social Security Medical Appeal Tribunal as provided for under the provisions of Article 34 of the Social Security (Jersey) Law 1974.
Reason(s) for Decision: The recent retirement of two members of the Tribunal panel. The Tribunal hears appeals against decisions of the medical board in connection with claims to Long Term Incapacity Allowance.
Resource Implications: There are no financial or manpower implications regarding the appointment of the Tribunal Member.
Action required: Compliance Director to give notice of new member to Registrar of Appeals.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Social Security Medical Appeal Tribunal – Appointment of New Members.

13/08/2009

REPORT

The Social Security (Jersey) Law 1974 (as amended) provides for the recruitment and constitution of the Medical Appeal Tribunal. Following recruitment, all Tribunal members who are required to be medical practitioners are appointed by the Minister for Social Security.

The Medical Appeal Tribunal has been in place since 1974 and hears appeals against decisions of the Medical Board in connection with claims to Long Term Incapacity Allowance.

Following the recent retirement of two Tribunal members recruitment has taken place, with the agreement of the Appointment’s Commission for an additional panel member who has the required qualification and insight in the areas that are covered by the assessment of Long Term Incapacity Allowance.

For the purposes of a hearing, the Tribunal consists of three medical practitioners one of whom acts as Chair.

The Minister for Social Security is satisfied that the individual proposed as a panel member has suitable knowledge and experience to undertake the duties of a Tribunal panel member and recommends their appointment.

Terms of appointment

A Tribunal panel member may not act as a member of a medical appeal Tribunal for the purpose of the consideration of any case referred to such Tribunal if the person –

(a) is or may be directly affected by that case; or

(b) has taken any part in such case as a medical assessor or as a medical practitioner who has regularly attended the claimant or who has acted as a member of a medical board or to whom any question has been referred for examination and report or as an employer or as a witness.

There are no financial or manpower implications as a result of these appointments.

Further details of the proposed new panel members are provided below:

Dr P Ford

Doctor Pamela Ford has been qualified in medicine since 1976. She works in general practice in southeast London and as an occupational health physician. She has wide practical experience of assessing people for UK incapacity and disability benefits, and has worked as a medical adviser to the UK Department for Work and Pensions. She holds the Diploma in Occupational Medicine and the Diploma in Disability Assessment Medicine. She is interested in the factors that affect people with illnesses and disabilities in their daily lives including their ability to work. Her GP experience of caring for individuals, and her role in advising employers and employees, gives her a broad perspective in relation to benefit assessment, rehabilitation, return to work issues and disability discrimination.