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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Mental Health (Jersey) Law 2016: Appointment of Administrator

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 16 December 2019

Decision Reference:       MD-HSS-2019-0054

Decision Summary Title :

The appointment of the Mental Health (Jersey) Law 2016 Administrator

Date of Decision Summary:

11th December 2019

Decision Summary Author:

 

General Manager - Mental Health Care Group

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Request to appoint further Mental Health (Jersey) Law 2016 Administrator

Date of Written Report:

11th December 2019

Written Report Author:

General Manager - Mental Health Care Group

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:   Appointment of Pauline Leathem by the Minister as the Mental Health Law Administrator for the period 20 December to 30 December 2019 inclusive.

 

Decision(s):  The Minister, having been briefed by his officers on the suitability of Pauline Leathem to fulfil the role of Mental Health Law Administrator, agrees to the appointment under Article 4 (1) of the Mental Health (Jersey) Law 2016.

 

Reason(s) for Decision: The Minister has a duty under Article 4 (1) of the Mental Health (Jersey) Law 2016 which states ‘The Minister must appoint a person to be the administrator in relation to such matters under this law, and in Part 5 of the Capacity Law, as the Minister may (by code of practice or otherwise) direct’.

Resource Implications: Resources have already been identified and allocated for this role and function.

Action required: For the Minister to sign the order authorising the Mental Health Law Administrator for the period 20 December to 30 December inclusive.

 

Signature:

 

 

Position:

Minister for Health and Community Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Mental Health (Jersey) Law 2016: Appointment of Administrator

Mental Health Care Group

Le Bas Centre

St Helier

Jersey

JE2 4RP

 

11 December 2019

 

 

Report in respect of Ministerial Decision to approve a further Mental Health Law Administrator for a time limited period (MD-HCS-2019-)

 

 

There is an urgent need to supplement the existing provision in respect of the Mental Health (Jersey) Law 2016 Administrator.

There are currently two people formally appointed by the Minister for Health and Community Services, one of which is the substantive Administrator and the other, the Administration Services Manager for Adult Mental Health, who has usually provided cover during the Administrator’s leave.

However, both of these members of staff will be on leave from 20 December 2019 to 30 December 2019. As a result, additional provision is required urgently.

Additional provision for this role has been sourced in the proposed form of the Administration Assistant for the Mental Health and Capacity Law team. The Administration Assistant has worked in the department since April 2019 and has a thorough working knowledge of the legislation and the procedural requirements.

If the Ministerial Decision is granted then adequate provision to cover the immediate period of annual leave will be provided. A sustainable long term solution has been identified as a priority for action in 2020.

 

Yours sincerely,

 

IMG_0055 (002)

 

 

Rachel McBride

General Manager

Mental Health Care Group

 

D +44 (0)1534 443036

E r.mcbride@health.gov.je

 

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