Education (Amendment No. 2) (Jersey) Law 201-: Draft

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 April 2013:

Decision Reference: MD-ESC-2013-0008
Decision Summary Title):	Student Grants: Amendment to Education Law to facilitate changes to basis for assessment of income in calculation of student award		Date of Decision Summary:	18 April 2013
Decision Summary Author:	Andy Gibbs Head of Lifelong Learning & Skills		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Higher Education Grants: Method of Assessment		Date of Written Report:	17 April 2013
Written Report Author:	Andy Gibbs Head of Lifelong Learning & Skills		Written Report : Public or Exempt?	n/a
Subject: Amendment to Education (Jersey) Law 1999 to enable a change in the income used in the calculation of a student award to household income with effect from September 2013
Decision(s): The Minister agreed to lodge the attached draft amendment to Article 51 of the Education (Jersey) Law 1999
Reason(s) for Decision: The Education (Jersey) Law 1999 empowers the Minister ‘by order’ to make grants for students following programmes of higher education. The Orders describe the amount of States support available, how the level of support is assessed, the terms and conditions under which it is available and the criteria which students and their families must meet to be eligible. The amended Orders are usually laid before the States in September each year. The change in the basis for assessment of income in calculation of the student award will be detailed in Orders but will require an amendment to the principal Law i.e. the Education (Jersey) Law 1999.
Resource Implications: None
Action required: The Greffier of the States to be requested to lodge ‘au Greffe’ the draft Education (Amendment No. 2) (Jersey) Law 201- for debate at the earliest opportunity.
Signature:		Position: Minister for Education, Sport and Culture
Date Signed:		Date of Decision:

Education (Amendment No. 2) (Jersey) Law 201-: Draft

HIGHER EDUCATION GRANTS: METHOD OF ASSESSMENT

In November 2012 the Minister made a statement in the States proposing:

‘to introduce fairer arrangements similar to those now in place in Guernsey and the Isle of Man whereby the calculation of a student award is based on an assessment of household income. Where the student principally resides with his or her parent(s), the assessment will continue to be based on the gross income of the parent(s). However where the student’s parents have separated or divorced and the parent whose income will be assessed now lives with a new partner, the assessment will be based on the gross household income of both partners. In making this assessment, account will be taken of any maintenance received and paid out.’

This proposal was confirmed following a debate in the States on January 29th 2013 in response to a proposition (‘Higher Education Grants: Method of Assessment’, P134/2012) brought by Deputy Gerald Baudains.

A Ministerial Decision was made on November 23rd 2012 asking the Law Draftsman to consider how these changes could be brought in to practice. Following discussions with officers, their recommendation is that, in order to make the necessary change to the Grants Orders, there will need to be an amendment to the principal Law, i.e. the Education Law (Jersey) 1999. The relevant sections of the Law, Article 51 paragraphs (d) and (e) currently state:

(d) the grounds for entitlement to assistance, including the age, educational qualifications and financial status of the applicant, and the financial status of the applicant’s parent;

(e) in the case of a grant, the conditions subject to which it is given, including the amount of any contribution that the applicant or the applicant’s parent is required to make

The proposed amendment extends the scope of the Order making power so as to enable the Minister to prescribe –

(i) any relevant person whose financial status may be taken into account for the purposes of assessing an applicant’s eligibility for financial assistance by way of a grant or loan;

(ii) any relevant person in respect of whom a contribution is required as a condition of awarding a grant;

(iii) any other relevant factors.

A relevant person could therefore, for example, include a divorced parent’s new spouse or partner.

This has the effect of “future proofing” the Law in the event of further changes to the method of assessment. Such changes would be carried out through the Discretionary Grants Orders which are presented to the States prior to implementation. This approach reflects common practice in other areas of the Island’s legislation, and it has been discussed with Law Officers.

Timetable

As previously indicated to the Assembly, it is the intention of the Minister for Education, Sport and Culture to introduce a revised system of assessment, for students commencing a course of higher education in autumn 2013, in which the calculation of a student award is based on an assessment of household income. Subject to approval by the States of this amendment to the Education Law, it would be the Minister’s intention to make an Order in due course to bring this change into effect from September 2013 onwards.

In order to meet this timetable, the Minister will be asking the States to consider this amendment to the Law on 4th June, as this allow sufficient time for the Privy Council to approve the change prior to the summer recess.

Financial and manpower implications

There are no manpower implications for this change as it will be managed by existing staff in the Student Finance section of the Department for Education, Sport and Culture.