Mental Health: Discharge of Patients.

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (14/08/2006) regarding Mental Health (Jersey) Law, 1969. Discharge of patients - Article 27 (1).

Subject:	MENTAL HEALTH (JERSEY) LAW, 1969 DISCHARGE OF PATIENTS – ARTICLE 27 (1)
Decision Reference:	MD-H SS-2006-0043	Exempt clause(s):			NONE
Type of Report: (oral (O) or written (W))	Written
Telephone or email meeting?		Person giving report (if oral):
Written Report title:	MENTAL HEALTH (JERSEY) LAW, 1969 DISCHARGE OF PATIENTS – ARTICLE 27 (1)
Name of Author:	Andrew Bannister, Assistant Director, Corporate Planning and Performance Manager
Date of Report:	08 August 2006			Report File ref:
Decision(s): To approve procedures for an “Order for Discharge” in respect of a patient who is for the time being liable to be detained in a hospital or subject to guardianship made under Article 27(1) of the Mental Health (Jersey) Law, 1969.
Reason(s) for decision: Following the introduction of Ministerial Government it is now the responsibility of the Minister for Health & Social Services to personally decide on whether or not to make an “Order for Discharge” when requested to do so by a patient. This Ministerial function cannot be delegated to either an Assistant Minister or an Officer in the Department. In the absence of the Minister, such function can only be undertaken by someone of equal or superior authority, i.e. the Chief Minister or another Minister designated by the Chief Minister. The attached report sets out the procedures to be followed to comply with Article 27(1) of the Mental Health (Jersey) Law, 1969.
Action required: To forward this Ministerial Decision for noting to the Chief Minister, who may be called upon to undertake this function or delegate another Minister to undertake this function in the absence of the Minister for Health and Social Services.
Signature:			Date of Decision: 14 August 2006

Mental Health: Discharge of Patients.

MENTAL HEALTH ( JERSEY ) LAW, 1969

DISCHARGE OF PATIENTS – ARTICLE 27 (1)

PROCEDURE FOR DISCHARGE BY MINISTER

1 BACKGROUND

An “Order for Discharge” in respect of a patient who is for the time being liable to be detained in a hospital or subject to guardianship may be made under Article 27(1) of the Law by either:-

the patient’s responsible medical officer; or

the Minister; or

the patient’s nearest relative (subject to the provisions in Article 28)

Following the introduction of Ministerial Government, under the States of Jersey Law it is now the responsibility of the Minister for Health & Social Services to personally decide on whether or not to make an “Order for Discharge” when requested to do so by a patient.

This Ministerial function cannot be delegated to either an Assistant Minister or an Officer in the Department. In the absence of the Minister, such function can only be undertaken by someone of equal or superior authority, i.e. the Chief Minister or another Minister designated by the Chief Minister.

2 PROCEDURE TO ENABLE THE MINISTER TO DECIDE ON WHETHER OR NOT TO MAKE AN “ORDER FOR DISCHARGE”

2.1 Applications to Queens House

Applications are usually addressed to the Minister care of the Administration Office in Queen’s House at St. Saviour’s Hospital, where the process of requesting the medical report and making all the other arrangements are then undertaken. Under these circumstances:-

The Minister will be informed by e-mail of the receipt of an application from a patient requesting him to make an “Order for Discharge”.
The Minister would then be requested to provide a convenient date and time for him to visit in order to determine the application. To determine the application the visit will include an interview with the patient and appropriate members of staff.
Following the visit and interviews, an appropriate Ministerial Decision would be made for record purposes and the patient informed accordingly.

At the same time:-

Upon receipt of the application a member of staff would:-

Forward a copy of the letter to the patient’s responsible medical officer, and
Request a brief report from them for the Minister, indicating the reasons why the patient should remain liable to detention in a hospital.

2.2 Applications direct to Minister

A patient may wish, or even demand, to send their letter personally to the Minister at his home address.

In these circumstances the Minister would:-

Inform by e-mail the Administrator Mental Health Services, or his assistant of his receipt of the patient’s application;
Arrange for a copy of the patient’s letter to be forwarded to their office in Queen’s House as soon as is possible; and provide a day and time the Minister can visit in order to determine the application.

2.3 Response time to determine application

It is considered that 4-5 working days after the letter is received would comply with future Human Rights requirements when determining applications.

2.4 Absence of the Minister

In the absence of the Minister, this function will be undertaken by the Chief Minister or another Minister designated by the Chief Minister.