Capacity and Self-Determination (Jersey) Law 201-

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A decision made 29 July 2016:

Decision Reference: MD-HSS-2016-0051
Decision Summary Title :	Lodging of the Capacity and Self-Determination (Jersey) Law 201-		Date of Decision Summary:	29th July 2016
Decision Summary Author:	Director of Service for Older People		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 :	Ministers Report – Capacity and self-Determination Law		Date of Written Report:	2th July 2016
Written Report Author:	Director of Service for Older People		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The lodging of the Capacity and Self-Determination (Jersey) Law 201-
Decision(s): The Minister of Health and Social Services approved the Draft Capacity and Self-Determination (Jersey) Law 201- for lodging ‘au Greffe’
Reason(s) for Decision: The Capacity Law introduces a process for authorising the provision of care to persons who lack the capacity to consent and where their care needs to be provided in circumstances that, by necessity, amount to a deprivation of liberty. Following decisions of the European Court of Human Rights in Strasbourg and the UK Supreme Court the new law ensures that a person who lacks capacity will be cared for in circumstances that do not amount to a breach of their human rights. Careful consideration has been given to putting in place appropriate safeguards to limit deprivations of liberty and ensure they are properly authorised and capable of being challenged. These safeguards are proportionate and have been made as simple as possible for care professionals, service users and their carers, and advocates and the courts to understand and apply in practice. The purpose of the new Capacity and Self-Determination Law is to safeguard the dignity and wellbeing of people who may not have the capacity to make decisions for themselves. The Capacity and Self-Determination Law will provide a legal framework for assessing whether a person has the capacity to make a decision and, if the person does not have capacity, a process to ensure that any decision made for the person is made by an appropriate individual and in the person’s best interests. This draft law also enables a person to identify another person or persons who can make certain decisions for them if they lose capacity to do so. The Capacity Law also provides a legal basis for people to make advance decisions about consent to care or treatment in the event that they may lose capacity. This ensures Jersey’s capacity legislation is compatible with modern standards in clinical practice and provides certainty for clinicians treating people who may not have capacity to consent to treatment.
Resource Implications: The financial and manpower implications of the draft Mental Health (Jersey) Law 201- and Capacity and Self-Determination (Jersey) Law 201- are closely related and have been assessed together. The financial and manpower implications of approving both pieces of legislation will be 6 full time equivalents, being 4 in the Judicial Greffe, 1 in the Law Officers Department and 1 in the Health and Social Services Department at a total cost of approximately £1,166,000 over 2016, 2017 and 2018. These staff will be responsible for the preparatory work to enable this legislation to be developed to the point where it can be brought into force. Funding for this expenditure will be from existing budgets and the proposed funding included in the MTFP Addition. Bringing both pieces of legislation into full force as described in the report, via Appointed Day Acts, will have further financial and manpower implications. Of those implications, a sum of £1,900,000 over 2018 and 2019 has been identified within existing budgets and the proposed funding included in the MTFP Addition. The final detailed implications will be dependent upon the legislation development, preparatory work, and timing of the Appointed Day Acts. The papers supporting the proposed Appointed Day Acts will set out the full implications and funding at that time.
Action required: To request the Greffier of the States to arrange for the Draft Capacity and Self-Determination (Jersey) Law 201- to be lodged ‘au Greffe’ for consideration by the States.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):