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Mental Health (Jersey) Law 2016: Appoinment of Authorised Officers

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 December 2018:

Decision Reference:       MD-HSS-2018-60

Decision Summary Title :

The appointment of Approved Officers for the Mental Health (Jersey) Law 2016

Date of Decision Summary:

28th  November 2018

Decision Summary Author:

 

Capacity and Liberty Officer / Duly Authorised Officer

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 :

Authorised Officer – Lisa Chapman/Rebecca Brawley

Date of Written Report:

 28th November 2018

Written Report Author:

Capacity and Liberty Officer / Duly Authorised Officer

 

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  

The appointment of the following Authorised Officers, to be approved by the Minister for Health and Social Services under Article 6 of the Mental Health (Jersey) Law 2016.

 

The professionals named below are currently employed by Jersey Health and Community Services and are registered health professionals as per Health Care (Registration) (Jersey) Law 1996:

 

LISA CHAPMAN

REBECCA BRAWLEY

 

Decision(s): 

The Minister for Health and Social Services, having been briefed by officers on the suitability of the above named persons to fulfil the role of Authorised Officer, approves the appointment under Article 6 of the Mental Health (Jersey) Law 2016.

 

Reason(s) for Decision:

 Article 6 of the Mental Health (Jersey) Law 2016 states that the Minister may authorize as officers for the purposes of this Law (including, where appropriate, for the purpose of carrying out functions conferred on the Minister under this Law) such persons registered pursuant to the Health Care (Registration) (Jersey) Law 1995 and have such training and experience in the field of mental health and in the application of mental health legislation and practice as may be prescribed.

 

The provision of Authorised Officers ensures that the functions of the Mental Health Law associated with Part 3 of Mental Health (Jersey) Law 2016 can be met.

 

Resource Implications:

  •  

There are no financial or manpower implications as a direct result of this decision.

  •  
  •  

Action required:  

The Health and Social Services Minister is requested to sign the Order. The Private Secretary for the Health and Social Services Minister to inform the Capacity and Liberty Officer / Duly Authorised Officer – Health and Community Services once this decision has been approved.  

 

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Hide report
Mental Health (Jersey) Law 2016: Appoinment of Authorised Officers

The appointment of Authorised Officers for the Mental Health (Jersey) Law 2016

 

Authorised Officers (AO’s), are staff members who have received intensive training in respect of mental health legislation and its application. They are also highly experienced mental health practitioners. Generally AO’s are social workers but it is possible that AO’s are from other allied health backgrounds. As there is currently no on-island provision to train AO’s, currently the States of Jersey rely upon the recruitment of Approved Mental Health Professionals (AMHP’s) from the UK. AMHP’s are approved under the 1983 Mental Health Act and their training is associated with that law. However, as the UK legislation has few substantive differences from the Mental Health (Jersey) Law 2016, it is feasible for AMHPs to work in Jersey and to be authorised by the Minister for Health and Community Services to undertake the AO role.

Currently there are four AO’s in Jersey. This number is insufficient to meet the demands associated with the Law. There is a significant risk that the States may breach the Law on account of not having made provision for sufficient AO’s. In order to mitigate this risk, additional AO’s have been recruited. These staff members will be able to work as such once Ministerial Authorization has been granted.

Both Rebecca Brawley and Lisa Chapman require Ministerial Authorization as a matter of urgency.

6        Authorized officers

(1)     The Minister may authorize as officers for the purposes of this Law (including, where appropriate, for the purpose of carrying out functions conferred on the Minister under this Law) such persons –

(a)     as are registered pursuant to the Health Care (Registration) (Jersey) Law 1995[3]; and

(b)     have such training and experience in the field of mental health and in the application of mental health legislation and practice as may be prescribed,

upon such terms and conditions as the Minister may think fit.

(2)     An authorized officer must perform his or her functions under this Law –

(a)     with fairness and impartiality; and

(b)     in the best interests of any patient with whose care or treatment he or she is involved.

(3)     The Minister may revoke an authorization under this Article, and may vary any terms and conditions upon which such an authorization is granted.

 

 

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