Stakeholder Consultation on the proposed Regulation of Care Law: Response

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A decision made on 29 January 2010 to approve the report and stakeholder response document on the proposed Regulation of Care law

Decision Reference: MD-HSS-2010-0013
Decision Summary Title :	Response to the Stakeholder Consultation on the proposed Regulation of Care Law		Date of Decision Summary:	21 January 2010
Decision Summary Author:	Head of Health Protection		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Response to the Stakeholder Consultation on the proposed Regulation of Care Law		Date of Written Report:	15 January 2010
Written Report Author:	Head of Health Protection		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Proposed Regulation of Care Law - response to the stakeholder consultation
Decision(s): The Minister approved the report and stakeholder response document outlining the detailed response to the consultation.
Reason(s) for Decision: To provide the public with the Minister’s response to the stakeholders’ comments from the consultation and the Ministers proposals which are to be incorporated in a new Regulation of Care Law.
Resource Implications: There are no resource implications at this stage
Action required: Copy of the consultation response to be sent to the consultation stakeholders, all States Members and the Chairman of the Housing and Health Scrutiny Panel. The Officers of Health Protection to bring forward law drafting instructions to commence the law drafting process.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Stakeholder Consultation on the proposed Regulation of Care Law: Response

States of Jersey Health and Social Services

PUBLIC HEALTH DEPARTMENT

Report from the Head of Health Protection Services

to the Minister for Health and Social Services

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TITLE: Response to the Stakeholder Consultation on the proposed Regulation of Care Law

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Background

In May 2006, following advice from the Law Officers, the Council of Ministers acknowledged that the current legislation underpinning care home and domiciliary care regulation in Jersey is no longer fit for purpose and approved drafting time for a new Regulation of Care (Jersey) Law 200-.

Before embarking on drafting instructions for new legislation, the department undertook a stakeholder consultation to ensure that those people and organisations affected by the proposed legislation had an opportunity to be aware of the deficiencies in the current legislation, options about how these could be resolved and an opportunity to participate in shaping the future regulation of health and social care in Jersey.

Overall a range of stakeholders responded to the consultation process including representation from independent care homes, domiciliary care and home nursing, general practice, service managers, acute hospital clinicians, voluntary sector and service users. In general the responses showed broad support for the proposals as they were set out in the consultation document.

Proposals

The Minister proposes that any new legislation will adhere to the principles of good regulation in that it will be proportionate, transparent, consistent, accountable, and targeted. These themes were raised consistently by respondents during the consultation.

The Minister proposes the following elements to be included in a new Regulation of Care Law;

The Law to include the registration and regulation of care homes, acute hospital facilities, minor surgery, nursing agencies and domiciliary care in the independent sector

The legislation to include registration for a single category care home with additional regulations for those providing nursing care.

The Law will provide for the setting of enforceable minimum standards specific to different health and social care services and categories of care. Appropriate and reasonable timeframes shall be set to enable providers an opportunity to achieve the required standards.

The Law shall ensure that regulations and standards are person centred and focus on outcomes for service users.

There shall be provisions within the Law to require providers to develop robust quality assurance and governance arrangements

The Law will provide for all inspection reports to be placed in the public domain.

The Law shall require robust staff recruitment procedures, including the carrying out of criminal record checks, are in place to ensure that staff have the necessary qualities, skills and qualifications required for the job.

The regulations will specify a fee structure, proportionate to the size and complexity of the service.

There shall be provision within the Law to enable a flexible risk based inspection regime.

The Law will remove the current exemption for Health and Social Services and other States departments and include the registration and regulation of all health and social care services and facilities, including those in the independent and public sector.

The Law will enable the creation of an independent regulatory body that has the authority to commission external regulation agencies to carry out an inspection function for specific specialist services.

To support the development of the legislation it is intended that a stakeholder steering group be formed including representatives from providers, voluntary sector, and service users to maintain dialogue and participation in the process of law drafting and standard setting.

This will form the basis for primary legislation that subject to States approval will determine future of health and social care regulation in Jersey.

Financial Implications

There are no financial implications at this point in time

Recommendation

The Minister approves the report and Stakeholder Consultation Response document as written,
The Stakeholder Consultation Response is sent to all stakeholders, all States Members and the Chairman of the Housing and Health Scrutiny Panel and released to the media.
The Officers of Health Protection to bring forward law drafting instructions to commence the law drafting process.

Stephen D Smith

Head of Health Protection Services

15 January 2010