Nursing and Residential Homes (Jersey) Law 1949: Locum Inspector: Authorisation

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A decision made 21 July 2014:

Decision Reference: MD-HSS-2014-0030
Decision Summary Title :	Authority to Enter Premises, Registration and Inspection Officers		Date of Decision Summary:	15 July 2014
Decision Summary Author:	Head of Professional and Care Regulation		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Authority to Enter Premises – Locum Inspector		Date of Written Report:	15 July 2014
Written Report Author:	Head of Professional and Care Regulation		Written Report : Public or Exempt?	Public
Subject: Authority to enter premises, Locum Inspector
Decision: The Minister authorised Diana Gordon (a locum inspector) under Article 19(1) of the Nursing and Residential Homes (Jersey) Law 1994 to enter premises registered under this Law for the purpose of official duties and in accordance with the attached report

Reason for decision: The need for the Locum Inspector to possess documentation giving authorisation to enter premises in pursuance of statutory duties under the Nursing and Residential Homes (Jersey) Law 1994
Resource Implications: None
Action required: The Minister for Health and Social Services approves Diana Gordon as a locum inspector under Article 19(1) of the Nursing and Residential Homes (Jersey) Law 1994
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Nursing and Residential Homes (Jersey) Law 1949: Locum Inspector: Authorisation

STATES OF JERSEY HEALTH AND SOCIAL SERVICES DEPARTMENT

Public Health Directorate

Report from the Head of Professional and Care Regulation

to the Minister for Health and Social Services

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TITLE: Authority to Enter Premises – Locum Inspector

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Background

Clarification about the most appropriate legislation under which a children’s respite care home operated by Les Amis, should be registered was provided by the Law Officers Department in May 2013 when it was advised the home falls within the definition of a residential care home under the Nursing and Residential Homes (Jersey) Law 1994 rather than as a voluntary care home under the Children’s Law. Responsibility for inspection transferred to the Professional and Care Regulation Team PCRT) following completion of registration in March 2014.

As part of the Minister’s statutory responsibility regulating Nursing and Residential Homes s/he can authorise inspectors to visit and inspect premises on their behalf. This is set out under Article 19 of the Nursing and Residential Homes (Jersey) Law 1994 which states:

“(1) ... any person authorised in that behalf by the Minister may at any time, after producing, if asked to do so, some duly authenticated document showing that he is so authorised, enter and inspect any premises which are used, or which that person has reasonable cause to believe to be used, for the purposes of a home to which this law applies,”

As none of the current PCRT have occupational competence to inspect children’s care homes, a locum inspector, Diana Gordon, has been recruited to undertake this role.

Diana Gordon

Diana Gordon SRN; CSS; City & Guilds 730; DMS; LLB (hons); originally trained as a nurse but in 1971 had a change of direction into social work; for the next 16 years she managed a number of residential homes for the elderly in a large Local Authority and gained her social work qualification in 1982; In 1987 she progressed her career into senior management with the Local Authority and was responsible for the oversight of a number of residential homes for elderly and physically disabled people; she was also responsible for the inspection of private and voluntary homes for adults.

In 1991 Ms Gordon moved full time into regulating independent sector care homes and progressed to Senior Inspector where she was responsible for advising staff and managers on regulatory matters, training & development of inspectors and working with Local Authority solicitors and barristers to bring cases to Tribunal. During this time she gained expertise in the regulation of children’s services. With the onset of new legislation and an increased regulatory remit she moved to the National Care Standards Commission (NCSC), in the first year as a locality manager with a team of 10 inspectors and then as the regional advisor for adults, responsible for providing professional leadership to over 300 staff and developing quality both nationally and regionally. In 2004 the Commission for Social Care Inspection (CSCI) replaced the NCSC and at this point Ms Gordon set up an independent consultancy for health and social care, specialising in supporting the regulation of care.

She continued to work on a contracted basis for CSCI, did regular training for Northern Ireland, began work for the Isle of Man Government developing care regulation, became a Lord Chancellors Visitor (now Court of Protection Visitor) and was appointed by the Ministry of Justice to sit on tribunals hearing DLA appeals. She was also contracted by the local NHS trust to hear appeals of patients against their detention under the MHA.

Currently Diana Gordon is on contract to the Isle of Man Government as project manager for the implementation of the Regulation of Care Act 2013; she continues as an OPG/Court of Protection Visitor and continues to hear DLA appeals (soon to become PIPS).

Ms Gordon has already undertaken an inspection of the children’s respite home on behalf of the Children’s Service when it was regulated under the Children’s Law and she has provided a current and satisfactory DBS certificate.

Recommendation

Authorise Diana Gordon as an inspector under Article 19(1) of the Nursing and Residential Homes (Jersey) Law 2014 for the purpose of inspecting children’s respite services registered under the above Law.

Christine Blackwood

Head of Professional and Care Regulation

14 July 2014