Mental Health Tribunal: Review of Scale Fees.

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A decision made (15/02/2008) regarding: Mental Health Tribunal: Review of Scale Fees.

Decision Reference: MD-HSS-2008-0005
Decision Summary Title :	Mental Health Tribunal: Review of Scale Fees		Date of Decision Summary:	January 9th 2008
Decision Summary Author:	R Pearson – Director of Finance & Information		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Mental Health Tribunal: Review of Scale Fees		Date of Written Report:	January 9th 2008
Written Report Author:	G. Esnouf		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Increase in fees paid to members of the Mental Health Review Tribunal
Decision(s): The Minister approved an Order increasing the fees payable to members of the Mental Health Review Tribunal as on the attached report.
Reason(s) for Decision: The current fees have not been increased since 2002 and the proposal is to increase these approximately in line with the increase in the movement in the Jersey Cost of Living Index over the five year period.
Resource Implications: Approximately £630 per annum based upon an average of seven Sittings a year.
Action required: The Order requires publication by the States.
Signature: Senator Ben Shenton		Position: Minister for Health and Social Services
Date Signed: 15 February 2008		Date of Decision (If different from Date Signed):

Mental Health Tribunal: Review of Scale Fees.

HEALTH AND SOCIL SERVICES DEPARTMENT

MENTAL HEALTH REVIEW TRIBUNAL: REVIEW OF SCALE OF FEES

CURRENT FEES

The current fees payable for members of the Mental Health Tribunal are set out in R & O. 8/2002 and have been effective since 1st January, 2002:

Type of Member	Initial Hearing	Resumed Hearing

Legal	£200	£60
Medical	£170	£60
Lay	£60	£60

REQUIREMENT FOR A REVIEW

When the fees were last fixed by the then Health & Social Services Committee ,in its Act B5 of 7th December, 2001, the Committee decided that the fees should be reviewed again towards the end of 2006 to coincide with the appointment of new Tribunal members from 1st January, 2007.

COST OF LIVING INCREASE APPLIED TO PRESENT FEES PAYABLE

The Jersey Cost of Living Index increased by 20.69% over the five year period from September 2001 to September 2006. If the 20.69% increase over the last five year period were applied to the present fees payable from 1st January, 2007, these would be increased as follows:

Legal Member – increased by £41.38 to £241.38

Medical Member – increased by £35.17 to £205.17

Lay Member – increased by £12.41 to £72.41

Resumed Hearing – increased by £12.41 to £72.41

RECCOMENDATIONS

The Chairman of the Mental Health Tribunal has proposed that the fees be increased as shown below following from 1st January, 2007:

Legal Member – increased to £240

Medical Member – increased to £205

Lay Member – increased to £75

Resumed Hearing – increased to £75

Implementation of these increases will require the Minister to approve an order as follows:

THE HEALTH AND SOCIAL SERVICES MINISTER, in pursuance of Article 2 of the Mental Health (Jersey) Law 1969, as amended, has made the following Order –

1. In Article 2 of the Mental Health (Review Tribunal) (Members Fees) (Jersey) Order 1973, as amended -

(a) for the words “who attends a sitting” there shall be substituted the words “who attends a sitting on or after 1st January 2007”;

(b) in sub-paragraph (a)(i) for the expression “£200” there shall be substituted the expression “£240”;

(d) in sub-paragraph (a)(iii) for the expression “£60” there shall be substituted the expression “£75”;

(e) in sub-paragraph (b) for the expression “£60” there shall be substituted the expression “£75”.

2. The Mental Health (Review Tribunal) (Members Fees) (Amendment No. 3) (Jersey) Order 2002 is revoked.

Previous reviews were undertaken every five years. It is recommended that these fees should be reviewed again from 1st January, 2009 to ensure that they remain in line with other fees which are reviewed on a more regular basis.

G.G. ESNOUF

9th.January 2008