Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

  • Choose the service you want to log in to:

  • gov.je

    Update your notification preferences

  • one.gov.je

    Access government services

  • CAESAR

    Clear goods through customs or claim relief

  • Talentlink

    View or update your States of Jersey job application

Mental Health: Discharge of Patients.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (14/08/2006) regarding Mental Health (Jersey) Law, 1969.  Discharge of patients - Article 27 (1).

Subject:

MENTAL HEALTH (JERSEY) LAW, 1969

DISCHARGE OF PATIENTS – ARTICLE 27 (1)

Decision Reference:

MD-H SS-2006-0043

Exempt clause(s):

NONE

Type of Report: (oral (O) or written (W))

Written

Telephone or email meeting?

 

Person giving

report (if oral):

 

Written Report title:

MENTAL HEALTH (JERSEY) LAW, 1969

DISCHARGE OF PATIENTS – ARTICLE 27 (1)

Name of Author:

Andrew Bannister, Assistant Director, Corporate Planning and Performance Manager

Date of Report:

08 August 2006

Report File ref:

 

Decision(s):

To approve procedures for an “Order for Discharge” in respect of a patient who is for the time being liable to be detained in a hospital or subject to guardianship made under Article 27(1) of the Mental Health (Jersey) Law, 1969.

Reason(s) for decision:

Following the introduction of Ministerial Government it is now the responsibility of the Minister for Health & Social Services to personally decide on whether or not to make an “Order for Discharge” when requested to do so by a patient.

This Ministerial function cannot be delegated to either an Assistant Minister or an Officer in the Department.

In the absence of the Minister, such function can only be undertaken by someone of equal or superior authority, i.e. the Chief Minister or another Minister designated by the Chief Minister.

The attached report sets out the procedures to be followed to comply with Article 27(1) of the Mental Health (Jersey) Law, 1969.

Action required:

To forward this Ministerial Decision for noting to the Chief Minister, who may be called upon to undertake this function or delegate another Minister to undertake this function in the absence of the Minister for Health and Social Services.

Signature:

Date of Decision:

14 August 2006

Back to top
rating button