Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2021: Amendment: Law Drafting Instructions

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A decision made on 30 March 2021

Decision Reference: MD-HSS-2021-0016

Decision Summary Title:

Health and Social Services – Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018 – amendment

Date of Decision Summary:

25 March 2021

Decision Summary Author:

Mental Health Law Administrator

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

People Giving

Oral Report:

N/A

Written Report

Title:

Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018 law drafting instructions

Date of Written Report:

25 March 2021

Written Report Authors:

Mental Health Law Administrator

Written Report :

Public or Exempt?

Public

Subject: Health and Social Services – Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018 – amendment.

Decision(s): The Minister authorised officials to submit law drafting instructions for preparation of the necessary amendments to the 2018 Order (as explained further in the attached report) to the Legislative Drafting Office, and to undertake all other actions associated with the proposed amendment to the 2018 Order.

Reason(s) for Decision:

The amendment is required to the Order, following consultation with members of the Judicial Greffe, Mental Health Review Tribunal and Health & Community Services.

The amendment will impose a requirement that for Approved Practitioners to be appointed to the Mental Health Review Tribunal, they will be required to have completed the Mental Health (Jersey) Law 2016 Approved Practitioner Training Programme, for future appointments only.

It is intended that this new requirement in the Order will put beyond doubt the expected standard of training for practitioners to be appointed as medical members.

Resource Implications: None

Action required: The instructions to be sent to the Legislative Drafting Office requesting that the necessary amendments to the 2018 Order are prepared.

Signature:

Position:

Minister for Health and Social Services

Date Signed:

2021

Date of Decision: (if different from date signed).

Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018: Amendment: Law Drafting Instructions

Law Drafting Instructions: Amendment to the Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018

Instructing officer: Mental Health Law Administrator.

Legal Adviser: Law Officers’ Department.

Introduction

This paper sets out instructions to the legislative drafting office for the preparation of an amendment to the Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018 (the “Order”) to address an issue (described below) which has arisen following discussions between the Mental Health Review Tribunal (“MHRT”) and Health and Community Services.

Instructions

To amend Article 3(4) of the Order to impose a requirement for Approved Practitioners to be appointed to the MHRT to have completed the Mental Health (Jersey) Law 2016 Approved Practitioner Training Programme, for future appointments only.

“Approved Practitioner” means a person approved by the Minister under Article 16 of the Mental Health (Jersey) Law 2016 (the “Law”).

Article 16 of the Law provides that a registered medical practitioner may be approved by the Minister where the Minister is satisfied, on the production of such evidence as may be prescribed, that the practitioner has sufficient experience and training in the field of mental health and in the operation of legislation relating to mental health. Approval of a person under this Article may be granted upon such terms and conditions as the Minister thinks fit, and the approval may be revoked and any terms or conditions upon which it is granted may be varied by the Minister.

Article 3 of the Order sets out the evidential matters which must be produced to the Minister by a registered medical practitioner in order to satisfy the Minister for the purposes of granting approval under Article 16 of the Law. Those matters are evidence of a full registration with license to practise from the General Medical Council and the evidence specified in Article 3(2) or (where Article 3(3) applies), Article 3(4).

Article 3(2) sets out requirements that apply to approved practitioners generally, ie practitioners discharging functions under the Law (eg assessment and treatment of patients), and includes a requirement to have approval to practice as an approved practitioner following completion of the Mental Health (Jersey) Law 2016 Approved Practitioner Training (“APT”). The APT is an intensive independent CPD-accredited training course, the content of which has been approved by the Minister.

Article 3(3) and (4) make provision specifically for the case of approval of practitioners who are to act as medical members of the MHRT. Where it is intended that a practitioner is to be approved specifically and only to act as a medical member to the MHRT, Article 3(3) of the Order applies to restrict the functions of the Approved Practitioner only to the extent of being qualified to be appointed as (and therefore having the authority to discharge the functions of) a medical member of the MHRT Panel under Article 47 of the Law. The effect of Article 3(3) is that such a practitioner would not also be approved for the purposes of discharging the more general functions of an approved practitioner under the Law (eg assessment and treatment of patients relating to compulsory admission).

Article 3 (4) of the Order sets the requirements for the Approved Practitioners appointed to the restricted role of medical member to the MHRT, these being that the registered medical practitioner has such degree of experience or training in mental health matters as would reasonably be expected to provide him or her with enough understanding of the medical issues likely to arise before the MHRT to be an effective medical member. There is no requirement that these practitioners have completed the APT.

It is considered prudent to provide, by an amendment to Article 3(4) of the Order, that the registered medical practitioner appointed for the purposes of acting as a medical member to the MHRT under Article 47 of the Law must have completed the APT. This would be applicable for appointments made from the date on which the amendment comes into force, ie future appointments only, and would not impact on the qualification or approval of existing medical members. It is intended that this new requirement in the Order will put beyond doubt the expected standard of training for practitioners to be appointed as medical members.

Instruction to drafter:

The drafter is requested to prepare an amendment to Article 3(4) of the Order that would make it clear that that the registered medical practitioner appointed for the purposes of acting as a medical member to the MHRT Panel under Article 47 of the Law must have completed the APT. This requirement should apply only in the case of those practitioners appointed on or after the date the Amendment takes effect.