Budget transfer from Health and Social Services to Law Officers: Children's Service

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A decision made 25 November 2016:

Decision Reference: MD-HSS-2016-0064
Decision Summary Title:	Transfer of budget from H&SS to Law Officer’s Department for legal workload for Children’s Service		Date of Decision Summary:	31st October 2016
Decision Summary Author:	Assistant Director of Finance		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Transfer of budget from H&SS to Law Officer’s Department for legal workload for Children’s Service		Date of Written Report:	31st October 2016
Written Report Author:	Assistant Director of Finance		Written Report : Public or Exempt?	Public
Subject: Recurring transfer of £172,000 in 2017 from Health and Social Services to the Law Officers Department for increased legal workload for the Children’s Service.
Officer recommendation: The Minister is recommended to approve the recurring transfer of £172,000 in 2017 from H&SS to the Law Officers Department.
Decision(s): The Minister approved the recurrent transfer of £172,000 in 2017 from H&SS to the Law Officers Department to deal with legal workload for the Children’s Service.
Reason(s) for Decision: Article 18(1)(c) of the Public Finances (Jersey) 2005 states that all or any part of the amount appropriated by a head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure. Delegation 1.2 delegates authority for non-contentious transfers between heads of expenditure of up to £1,000,000 to the Treasurer of the States.
Resource Implications: The H&SS revenue head of expenditure to decrease recurrently by £172,000 from 1st January 2017 and the Law Officers Department revenue head of expenditure to increase by an identical amount. This permanent transfer to be reflected in the next MTFP 2020-2023.
Action required: Assistant Director of Finance H&SS to request the approval of the Minister for Treasury and Resources for the transfer.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision:

Budget transfer from Health and Social Services to Law Officers: Children's Service - Increased Workload

Health and Social Services

Ministerial Decision Report

Transfer of budget from H&SS to Law Officers’ Department FOR legal workload for Children’s Service

Purpose

To enable the Minister for Health and Social Services to approve the transfer of £172,000 recurrently from 2017 from Health and Social Services to the Law Officers’ Department (LOD) to deal with legal workload for the Children’s Service.

Background to this Decision

In the light of the Williamson Review in 2009 it was agreed that there was a need to increase the level of legal support provided by the Law Officers’ Department to the Children’s Service.

Prior to 2009 there was one Legal Adviser and one Assistant Legal Adviser dealing with advice and representation for the Minister in connection with applications to the Court for orders concerning the care and protection of vulnerable children. It was acknowledged that there had been an increase in referrals to the Law Officers’ Department resulting in a greater need for access to specialist lawyers.

As a result of the additional funds provided, the Law Officers’ Department recruited an additional Legal Adviser and Assistant Legal Adviser.

It has been agreed between the LOD and H&SS that the current arrangement whereby the Law Officers’ Department recharges the Health and Social Services Department on an annual basis for funding is unsatisfactory and that instead the budget of £172,000 should be transferred recurrently from H&SS to LOD.

Recommendation

The Minister is recommended to approve the transfer of £172,000 recurrently from 2017 from H&SS to the Law Officers Department.

Reason for Decision

Article 18(1)(c) of the Public Finances (Jersey) 2005 states that all or any part of the amount appropriated by a head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure. Delegation 1.2 delegates authority for non-contentious transfers between heads of expenditure of up to £1,000,000 to the Treasurer of the States.

Resource Implications

The H&SS revenue head of expenditure to decrease recurrently by £172,000 from 1st January 2017 and the Law Officers Department revenue head of expenditure to increase by an identical amount. This recurrent transfer will be reflected in the next MTFP 2020-2023.

Report author : Finance Manager, Community and Social Services	Document date : 31st October 2016
Quality Assurance / Review : Assistant Director of Finance	File name and path: L:\Finance\Ministerial Decisions\2016\Transfer budget to LOD\WR - Transfer budget to LOD.docx