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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Mental Health (Jersey) Law 2016: Notification of Approved Establishments

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 December 2020:

Decision Reference:       MD-HSS-2020-0094

Decision Summary Title :

Notification of Approved Establishments as required by Article 5 (1) of the Mental Health (Jersey) Law 2016

Date of Decision Summary:

8 December 2020

Decision Summary Author:

 

Mental Health Law Administrator

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Lead Social Worker, Mental Health

Written Report

Title :

Notification of Approved Establishments as required by Article 5 (1) of the Mental Health (Jersey) Law 2016

Date of Written Report:

8 December 2020

Written Report Author:

Lead Social Worker, Mental Health

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:   Notification of Approved Establishments as required by Article 5 (1) and (2) of the Mental Health (Jersey) Law 2016

 

Decision(s):  The Minister, having been briefed by his officers of the requirements of Approved Establishments, has identified St Andrew's Healthcare, Billing Road, Northampton, NN1 5DG
as an Approved Establishment for the purposes of admission or detention under Parts 8 and 9 of the Mental Health (Jersey) Law 2016 only.

Reason(s) for Decision: The Minister has a duty under Article 5 (1) and (2) of the Mental Health (Jersey) Law 2016 which states:

 

‘(1) The Minister must approve establishments or premises for the purpose of the care and treatment of patients, upon such terms and conditions as (subject to paragraph (2)) the Minister may think fit.

 

(2) The Minister may not exercise the function conferred by paragraph (1) unless the Minister is satisfied that, having regard to the best available treatment, the standard of treatment provided by the establishment or premises in question is appropriate and adequate’.

 

In terms of economy of scale there has not been, and still remains, no capacity to staff an Approved Establishment of this nature to serve the needs of individuals requiring specialist treatment in Jersey. Governance and due diligence checks have been completed and St Andrew's Healthcare, Billing Road, Northampton, NN1 5DG has been identified as appropriate and adequate to fulfil that requirement.

 

Resource Implications: There are no resource implications.

  •  
  •  

Action required: The Minister to sign this Ministerial Decision so that St Andrew's Healthcare, Billing Road, Northampton, NN1 5DG becomes an Approved Establishment for the purposes of admission or detention of Jersey patients.

 

 

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Mental Health (Jersey) Law 2016: Notification of Approved Establishments

Mental Health Care Group

Le Bas Centre

St Helier

Jersey

JE2 4RP

 

8 December 2020

 

Report in respect of Ministerial Decision to identify Approved Establishments as required by Article 5 (1) of the Mental Health (Jersey) Law 2016 (MD-HSS-2020-)

 

Request for Ministerial Decision to designate:
St Andrew’s Healthcare, Billing Road, Northampton NN1 5DG as an Approved Establishment under the Mental Health (Jersey) Law 2016 for the purposes of admissions/detentions under Parts 8 and 9 of the Law which deals with criminal justice.

Reason for the request:
The term “Approved Establishment” is defined as an establishment or premises approved by the Minister for Health and Social Services.

On occasions Jersey’s Adult Mental Health inpatient unit is unable to meet the needs of the citizens we serve. There are individuals who require specialist treatment not currently available on island. It is in the best interests of those individuals not to be deprived of the specific treatment they require but to be offered every opportunity to be supported towards their recovery in an appropriate facility.

There request St Andrew's Healthcare, Billing Road, Northampton, NN1 5DG to be approved is to ensure that we meet the needs of individuals who currently require the specialist facilities and treatments this establishment provides.

St Andrew’s Healthcare is a leading UK provider of specialist mental healthcare with the aim of transforming lives by working in partnership with commissioners, patients, families and carers, operating under the principle values of Compassion, Accountability, Respect and Excellence. The dedicated specialist services and environments include secure provision, open rehabilitation, and community-based solutions. The multi-disciplinary professional expertise covers trauma, personality disorder, psychosis, autism, learning disability, brain injury, complex dementia and Huntington’s-Disease. The charity reports a commitment to developing and adopting innovative therapies and treatments and to putting people first by prioritising safety and recovery.

The significant benefit of such facilities being made available in Jersey is acknowledged. Logistically this has not been possible; in terms of economy of scale there has not been, and still remains, no capacity to staff an Approved Establishment that could meet the diversity of complexity of need within the island.  Specialist units such as these require not only environments conducive to those specific needs but also specifically specialist trained staff from a number of professional disciplines.

It is within our duty of care to ensure that we identify the most appropriate placement to meet the needs of the individual and it is to this end that this request is made.

Yours sincerely,

 

 

 

Jennie Pasternak

Lead Social Worker (Mental Health)

Mental Health Care Group

 

D +44 (0)1534 445897

E j.pasternak@health.gov.je

 

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