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Mental Health (Jersey) Law 2016: Approved Establishments: Various Departments of St. Saviour's Hospital

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 November 2020:

Decision Reference:       MD-HSS-2020-0085

Decision Summary Title :

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

Date of Decision Summary:

16 November 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 & oral

Person Giving

Oral Report:

Lead Social Worker, Mental Health & Mental Health Law Administrator

Written Report

Title :

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

Date of Written Report:

16 November 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 updated the boundaries of the following environments established as Approved Establishments:
Orchard House, St Saviour’s Hospital
Clinique Pinel, St Saviour’s Hospital
Rosewood House, St Saviour’s Hospital

 

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’.

 

The boundaries of the establishments have been updated to include the secure gardens.

 

Resource Implications: There are no resource implications.

  •  
  •  

Action required: No action required.

 

 

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Mental Health (Jersey) Law 2016: Approved Establishments: Various Departments of St. Saviour's Hospital

Mental Health Care Group

Le Bas Centre

St Helier

Jersey

JE2 4RP

 

16 November 2020

 

 

Report in respect of Ministerial Decision to approve updated boundaries to Approved Establishments: Orchard House, Clinique Pinel and Rosewood House, St Saviour’s Hospital
(MD-HSS-2020-)

 

 

There is a need to approve updated boundary maps of Orchard House, Clinique Pinel and Rosewood House, St. Saviour’s Hospital, all of which are designated as Approved Establishments pursuant to the Mental Health (Jersey) Law 2016.
 

There are two small gardens adjoining buildings which are both secure with safe systems of work in place to mitigate any risks. These are considered part of the main property from a therapeutic perspective as groups and activities are held here. The gardens are also considered fundamental to well-being as they provide fresh air.

The desire to have the boundaries of the establishments to include these areas is to allow compulsorily detained patients to access these gardens without the need for formal ‘leave of absence’ as required currently under the Mental Health (Jersey) Law 2016.

Attached to this request are plans of the sites with the boundaries to be approved clearly identified.

 

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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