Government of Jersey

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 15 July 2011 regarding:

Decision Reference: MD-S-2011-0058
Decision Summary Title :	DS - Appointment of a Medical Board Practitioner		Date of Decision Summary:	15 July 2011
Decision Summary Author:	Head of Governance		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - Appointment of a Medical Board Practitioner		Date of Written Report:	15 July 2011
Written Report Author:	Head of Governance		Written Report : Public or Exempt?	Public
Subject: Social Security Medical Board – Appointment of Medical Board Practitioner
Decision(s): The Minister approved the appointment of a medical practitioner to undertake medical boards as provided for under the provisions of Article 34 of the Social Security (Jersey) Law 1974.
Reason(s) for Decision: A pool of appropriately qualified doctors is required to ensure that the Department can assess benefit entitlements in a timely manner.
Resource Implications: There are no additional resource implications with this appointment.
Action required: No further action is required.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Social Security Medical Board - Appointment of Medical Board Practitioner

REPORT

The Social Security (Jersey) Law 1974 (as amended) provides for the determination of questions relating to a loss of faculty for the award of Long Term Incapacity Allowance (LTIA). The Minister must refer certain questions to a medical board consisting of one or two medical practitioners. The medical board must determine:

If there is a loss of faculty
If the loss of faculty is permanent
The degree of incapacity as a result of the loss of faculty i.e. the percentage award, and
The duration of the award i.e. when it would be appropriate to review for any improvement/deterioration of the condition.

The department requires a pool of appropriately experienced doctors appointed to ensure that medical boards are undertaken and benefit claims assessed in a timely manner.

The Minister for Social Security is satisfied that the Dr Roger Thomas has suitable knowledge and experience to undertake the role of a medical board practitioner.

Dr R Thomas

Dr Roger Thomas qualified as a doctor in 1973 and after a career in General Practice joined the Department for Work and Pensions assessing claimants for State Benefits and for the past 20 years providing medical policy advice to the Department where he is a Senior Medical Adviser. He has wide experience of developing and of the operation of functional assessments and has been responsible for the medical guidance issued to UK Decision Makers. He is an Honorary Senior Research Fellow at the Centre for Psychosocial and Disability Research, Cardiff University and has advised Finnish insurance services and the Irish republic on disability issues and their assessment.