Scott Gibaut Homes Trust: Approval of Constitution

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A decision made on 9 November 2010 regarding approval of the Scott Gibaut Homes Trust Constitution

Decision Reference: MD-H-2010-0092
Decision Summary Title :	DS – Approval of Scott Gibaut Homes Trust Constitution		Date of Decision Summary:	28 October 2010
Decision Summary Author:	Director of Housing Services		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR-Approval of Scott Gibaut Homes Trust Constitution		Date of Written Report:	28 October 2010
Written Report Author:	Director of Housing Services		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: To approve amendments to Clause 3(a) of the Scott Gibaut Homes Trust constitution.
Decision(s): The Minister approved the amendment of Clause 3(a) of the Scott Gibaut Homes Trust constitution to allow units of accommodation at Clearview Place, St. Helier, to be occupied by a wider group of residents with disabilities, subject to the approval of the alteration by the Royal Court.
Reason(s) for Decision: The Minister must approve any changes made to the Scott Gibaut Homes Trust constitution, in accordance with Clause 10 of the said constitution.
Resource Implications: Financial: None
Action required: Director of Housing Services to advise the Chairman of the Scott Gibaut Homes Trust of the Minister’s approval of the revised constitution. Approval of the Royal Court in respect of the amendment to be sought in accordance with Clause 10(c) of the Scott Gibaut Homes Trust constitution.
Signature:		Position: MINISTER
Date Signed:		Date of Decision (If different from Date Signed):

Scott Gibaut Homes Trust: Approval of Constitution

REPORT TO THE HOUSING MINISTER

Scott Gibaut Homes Trust – Changes to Constitution

Background

The Scott Gibaut Homes Trust was established in April 2005 with the support of the Ministers for Housing and Health. In May 2007 the States approved the sale of the freehold interest in the former school at Clearview Place, St Helier from the Public of the Island to the Scott Gibaut Homes Trust for the purpose of developing the site to provide an “Independent Assisted Living Housing Scheme”.

The development was completed in 2009 and now offers 7 self-contained flats on two levels, to be occupied by brain injury survivors and sufferers of cerebral palsy.

Present Situation

The Trust was initially set up to provide accommodation for brain injury survivors and sufferers of cerebral palsy. However, in recent years a number of other developments have been built which has assisted in accommodating sufferers of such conditions and the Trust is now in a situation where 3 of the flats have become difficult to let given the restrictions of the current constitution. The Trust has been able to identify people with other disabilities, learning difficulties in particular, who would greatly benefit from being given the opportunity to move into these units.

In order to offer the units to people who are not brain injury survivors or sufferers of cerebral palsy, the Scott Gibaut Homes Trust constitution requires alteration. Clause 3 (a) has therefore been altered to remove the restriction of allocation only to those sufferers of the above conditions to a wider group of residents with disabilities. Clause 10 of the constitution stipulates that any changes to the constitution will require the prior approval of the Minister for Housing.

Recommendations

That the Minister,

1. Approves the changes made to the Scott Gibaut Homes Trust constitution to allow them to more appropriately occupy the units at Clearview Place.

Report Drafted By:- ………………………….... Date: 28 October 2010

Dominique Caunce

DIRECTOR OF HOUSING SERVICES

Report Checked By:- ………….……………….... Date:

John Hamon

FINANCE DIRECTOR

Report Approved By:- ………….……………….... Date:

Ian K Gallichan

CHIEF OFFICER