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Harold Ernest Le Seelleur Fund: Grant to Les Amis to fund the redevelopment of a property to convert it into a nursing unit

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 24 November 2021

Decision Reference:  MD-HSS-2021-0041

Decision Summary Title:

Grant from the Harold Ernest Le Seelleur Fund to Les Amis to fund the redevelopment of a property to convert it into a nursing unit

 

Date of Decision Summary:

13th October 2021

Decision Summary Author:

Finance Business Partner supporting HCS

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Grant from the Harold Ernest Le Seelleur Fund to Les Amis to fund the redevelopment of a property to convert it into a nursing unit

 

Date of Written Report:

13th October 2021

Written Report Author:

Finance Business Partner supporting HCS

Written Report :

Public or Exempt?

Public

Subject: Use of Le Seelleur Charitable Trust Fund to provide a grant of £1m to Les Amis to contribute towards purchasing and redeveloping a property to turn it into a Nursing Unit.

 

The Ministerial Decision is seeking a grant of £1m from the Harold Ernest Le Seelleur Charitable Trust Fund to support the purchase and redevelopment of a property to enable it to create a Nursing Unit for Islanders with a learning disability.

 

Under the proposition P.71/97 adopted by the States on 2nd June 1997, it was decided that the administration of the Estate of H.E. Le Seelleur should be carried out by the Minister for Health and Social Services (formerly known as the Health and Social Services Committee).

 

The grant would be commemorated by way of a plaque in memory of the Late H. E Le Seelleur as the facility will be serving the “aged, infirm and needy residents of the Island”.

 

Purpose of the spending

 

The grant funding would be used for the specific purpose of supporting the purchase and redevelopment of a property to turn it into a nursing unit for islanders with a learning disability.

 

Approval of the use of the Le Seelleur Charitable Trust Fund

 

This has been proposed by the Director General of Health and Community Services.  A Charitable Trust Fund committee is being set up to provide suitable governance in the future for such decisions, in the absence of this committee being in place with delegated authority a Ministerial Decision is being sought.

 

Use of the H. E. Le Seelleur Charitable Trust Fund is in accordance with the terms of the Fund the original bequest being given to the States of Jersey for itself and its successors in perpetuity, to be used - “for the benefit of the aged, infirm and needy residents of the Island”.

 

Decision(s):

 

The Minister approved the distribution of up to £1m grant from the H.E. Le Seelleur Fund, to Les Amis in respect of supporting the purchase and redevelopment of a property used to create a Nursing Unit for Islanders with a learning disability.

Reason(s) for Decision: 

 

The distribution of up to £1m from the H.E. Le Seelleur Fund aligns with the purpose of the charitable trust fund, which is; “for the benefit of the aged, infirm and needy residents”. 

Resource Implications:

The balance on the Le Seelleur Fund will reduce by £1m, there is no impact to the HCS revenue head of expenditure.

Action required:

  • A Treasurer Decision will be obtained to facilitate the drawdown of £1m from the Common Investment Fund.
  • The grant for specific purpose will be distributed to Les Amis.

 

Signature:

 

 

 

Position:

Deputy Richard Renouf

Minister for Health & Social Services   

Date Signed:

Date of Decision:

 

 

Harold Ernest Le Seelleur Fund: Grant to Les Amis to fund the redevelopoment of a property to convert it into a nursing unit

 - 1 -

Health & Community Services

Ministerial Decision Supporting Report

 

 

Grant from the Harold Ernest Le Seelleur fund to Les Amis to fund the purchase and redevelopment of a property to convert it into a nursing unit

 

  1. Purpose of Report

To request a grant of up to £1m from the Harold Ernest Le Seelleur Fund for Les Amis incorporated to support the purchase and redevelopment of a property to create Jersey’s first Nursing Unit for Islanders with a learning disability. A property has been identified and agreement to purchase is currently with lawyers.

 

  1. Background

Les Amis was founded in 1975 to help people with learning disabilities such as Down Syndrome and Autism move from institutional into community care. Today, the charity supports more than 130 residents and service users of all ages, many of whom live independent lives in the community. Many hold down jobs and share flats and houses around the Island. Others live permanently in supported accommodation and there are those who come to Les Amis for respite care to give their carers a break. The charity also provides domiciliary services in the clients’ home.

  1. Les Amis Service Provision

The charity has developed its services over time to keep in step with current research and attitudes. Today, the charity is committed to providing the best standards of residential, domiciliary and respite services that are as diverse as the needs of the clients, residents and families they support. Les Amis is creating the Island’s first elderly and complex needs nursing care unit for islanders with learning disabilities.

  1. Les Amis Purpose

Les Amis vision is to ensure people with learning disabilities and/or associated conditions reach their full potential in life.

  1. Les Amis Objective

To deliver and develop quality services, in partnership, that support people with learning disabilities and/or associated conditions to experience positive and equal opportunities in Jersey.

  1. The need for a nursing unit

According to Les Amis, people with learning disabilities are five times more likely to suffer dementia related illnesses and conditions much earlier in their lives, have poorer health, a shorter life expectancy and an increased risk of early death when matched with the general population. Notwithstanding this, individuals with learning disabilities suffer from the same health illnesses as the general population.

Les Amis also argue that Jersey dementia nursing facilities are currently full and the Island faces an increasing older population, with a rise of 35% between 2010 and 2020. Approximately 7% of older adults will have dementia and Jersey has very limited capacity in long-term care for adults with complex needs. Currently, when a resident requires nursing care, they must move into a care home. Les Amis’ residents feel safe and secure in their environment due to the support provided, and in view of the nature of their disability do not like change. Building a Specialist Care and Nursing Unit is therefore essential. The ethos of their plans is to ensure they can support residents ‘from cradle to grave’.

  1. Project Funding

The project will encompass adjoining self-contained sheltered housing units (flats) for older learning-disabled people who are likely to need to access nursing care in the short to medium term.

 

A property has been identified and agreement to purchase is currently with lawyers.

 

The acquisition cost has been agreed and Morris Architects and Colin Smith Partnership have drafted/costed out the projected redevelopment costs.

In setting out the project costs, this can be summarized as below:

Purchase consideration

£3,300,000

Redevelopment costs*

£4,942,500

Lift installation

£ 250,000

Estimated Fit out costs

£ 500,000

Estimated Legal fees

£ 7500

Total

£9,000,000

*figures are based upon Colin Smith feasibility study March 2021

To meet the costs, they currently have secured the following:

A Will Trust grant

£2,500,000

Cash ring-fenced

£ 290,000

Funds pledged

 £250,000

Tax rebate and NSI Bond

 £260,000

Total

£3,300,000

This is equal to a shortfall / financing requirement of £5,700,000

  1. Background and Purpose of the Harold Ernest Le Seelleur Fund

Harold Ernest Le Seelleur bequeathed assets to the States of Jersey for itself and its successors in perpetuity, for the following purpose - “for the benefit of the aged, infirm and needy residents of the Island”.

 

The acceptance of the bequest by the States was expressed in the terms of proposition P.71/97 of the Health and Social Services Committee, adopted by the States on 2nd June 1997. Under the proposition it was decided that the administration of the Estate of H.E. Le Seelleur should be carried out by the Minister for Health and Social Services (formerly known as the Health and Social Services Committee).

The assets originally settled into the Estate of H.E. Le Seelleur comprised of Jersey located property. These properties have been let to both private tenants and to staff members. Rental income has accumulated in the Fund and has been used to carry out maintenance and refurbishment works to the properties.  On 8 May 2014 the Minister for HCS adopted a Property Strategy which recommended the sale of several of the properties and requested that the Treasurer invest the non-property (cash) assets of the fund in the Common Investment Fund (MD-HSS-2014-0015).

Proceeds of £4.7 million from the property sales were attributed to the Le Seelleur Fund.

 

  1. Fund Balance

 

The balance of the Le Seelleur Fund including the value of property as at 1st September 2021 is £10.1m of which £1.7m is held through property ownership, £0.57m is held in the bank, the remainder is held in the common investment fund.

 

Although the Will made no differentiation between whether distributions should be made from capital or income of the fund until a reserves policy is adopted grants will be made with due regard to the reduction of the fund capital sum.

 

It is proposed that £1m of the fund is distributed to the charity Les Amis.

 

  1. Approval of the use of the Le Seelleur Charitable Trust Fund

This has been proposed by the Director General of Health and Community Services.  A Charitable Trust Fund committee is being set up to provide suitable governance in the future for such decisions, in the absence of this committee being in place with delegated authority a Ministerial Decision is being sought.

 

The Minister for Health and Social Services is requested to approve the grant of up to £1m donation from the Harold Ernest Le Seelleur Fund, to be transferred to Les Amis in 2021 to support the purchase and redeveloped of a property to enable Les Amis to create Jersey’s first Nursing Unit for Islanders with a learning disability.

 

Use of the Harold Ernest Le Seelleur Charitable Trust Fund is in accordance with the terms of the Fund the original bequest being given to the States of Jersey for itself and its successors in perpetuity, to be used - “for the benefit of the aged, infirm and needy residents of the Island”.

 

  1. Recommendation

The Minister is recommended to approve the grant of £1m from the Le Seelleur Fund, Les Amis in 2021.

 

Following approval of the recommendation the following will take place;

 

  • A Treasurer Decision will be obtained to facilitate the drawdown of £1m from the Common Investment Fund.
  • The grant for specific purpose will be distributed to Les Amis.
  • Confirmation of the commemorative plaque in memory of the Late H. E Le Seelleur will be installed in the Nursing Unit.

 

  1. Reason for Decision

Article 21 of the Public Finances (Jersey) Law 2019 states that where a States body or area of operation will earn income more than that estimated in an approved government plan during that financial year, the Minister may direct that the excess income be allocated to a head of expenditure set out in the plan.

 

The distribution of up to £1m from the H.E. Le Seelleur Fund aligns with the purpose of the charitable trust fund, which is; “for the benefit of the aged, infirm and needy residents”. 

 

7.  Resource Implications

The balance of funds on the Le Seelleur Fund will reduce from £10.1m to £9.1m following the transfer. There is no impact to the HCS revenue head of expenditure.

 

 

Name and Signature

 

Report author - Finance Business Partner supporting HCS

Frederik Tonsberg

Document date: 13 October 2021

Quality Assurance / Review: Group Director

Michelle Roach

File name and path:

Director General Sponsor:

Caroline Landon

 

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