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.

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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
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A decision made on 25 February 2020

Decision Reference: MD-HSS-2020-0005
Decision Summary Title:	Health and Social Services – Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018 – approval of training programmes		Date of Decision Summary:	11 February 2020
Decision Summary Author:	Mental Health Law Administrator		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		People Giving Oral Report:	N/A
Written Report Title:	Health and Social Services – Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018 – approval of training programme		Date of Written Report:	11 February 2020
Written Report Author:	Mental Health Law Administrator		Written Report: Public or Exempt?	Public
Subject: Health and Social Services – Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018 – approval of training programme
Decision(s): The Minister approved the Mental Health (Jersey) Law 2016 Introductory Training Programme as required under Article 2 of the Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018.
Reason(s) for Decision: The Department is commissioning the required training from an external professional legal training provider. This will facilitate intensive independent CPD-accredited training (including at short notice if required) to fulfil statutory requirements.
Resource Implications: Funding is from existing departmental resources.
Action required: Once the MD is signed, for the training to be arranged as required.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision: (if different from date signed).

Health and Social Services - Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018: approval of training programmes

Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018

Approval of training programme

REPORT

Article 2 of the Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018 sets out the training and experience requirements for officers who the Minister may authorize under Article 6(1) of the Law as an Authorized Officer. Such training programmes have to be approved by the Minister.

The training programme titled ‘Mental Health (Jersey) Law 2016 Introductory Training Programme’ is to be provided to those officers who are already trained as Approved Mental Health Professional within the meaning given by the Mental Health Act 1983 of the United Kingdom or Mental Health Officer within the meaning given by the Mental Health (Scotland) Act 2015 of the Scottish Parliament.

The training programme will be provided by an external professional legal training provider. It will deliver intensive independent CPD-accredited training (at short notice if necessary) to fulfil the statutory requirements.

Details of the one-day training programme for Authorized Officers is set out in Appendix 1.

By the end of the session, delegates will:

- Recognise all the Parts and Schedules of the Law.

- Understand the role of the Authorized Officer in implementing detentions.

- Be aware of their role in protecting patients’ rights and autonomy.

- Be familiar with the expectations of their role at Mental Health Review Tribunals or other Court Hearings.

- Understand the powers of the Court within the Law.

- Be familiar with how case law influences practice and review the outcomes of two cases with regard to their duty to consult nearest relative/person and making best interest decisions for physical health treatment of detained patients.

Mental Health Law Administrator

11 February 2020

Appendix 1:

Mental Health (Jersey) Law 2016 Introductory Training Programme

For Authorized Officers to be appointed by the Minister under Article 6 of the Mental Health (Jersey) Law 2016 and Article 2 of the Mental Health (Miscellaneous Provision and Prescribed Forms) (Jersey) Order 2018.

One-day training – content to include:

Registration
Introduction
Overview
Code of Practice and Guiding Principles

Part 1 - Interpretation, application and other general provisions

Part 2 - The ‘Nearest Person’

Case Law – EWCA Civ 362 [2014] - duty to consult Nearest Relative

Part 3 - Approved Establishments, Admissions for Assessment, Treatment, etc. role of the Authorized Officer

Article 14 - Voluntary admissions

Article 15 - Emergency admissions

Article 16 – Approved practitioners

Article 17 - Detention by nurse

Article 18 - Application for admission of patient: general requirements

Article 20 - Effect of admission application

Article 21 - Assessment authorization

Article 22 - Treatment authorization

Article 24 - Leave of absence from Approved Establishment

Part 4 - Guardianship

Part 5 - Other Forms of Legal Custody: Place of Safety, etc.

Article 35 - Powers of search, entry and removal of persons to place of safety

Article 36 - Urgent removal of persons found in public places

Part 6 Treatment Requiring Consent

Second Opinion Approved Doctors

Article 40 - Treatment requiring both consent and a second opinion

Article 41 - Treatment requiring either consent or a second opinion

Article 44 - Emergency treatment

Case Law – EWCOP 7 [2019] – Best interest decision for physical health treatment

Mental Health Review Tribunal (and Schedule)

Part 7 – Mental Health Review Tribunal

Schedule Part 1 - Constitution and Proceedings of Mental Health Review Tribunal

Schedule Part 2 - Applications to The Tribunal

Part 12 - Transfer of Patients Between Jersey and Other Jurisdictions

Part 8 -Criminal Justice: Incapacity of Defendant

Part 9 Criminal Justice: Powers of Court in Relation to Accused Persons Suffering Mental Disorder

Part 10 Safeguarding: Offences Against Those in Receipt of Care Etc.

Article 73 - Wilful neglect

Articles 74-77 - Sexual offences

Part 11 Safeguarding: Patients’ Rights

Article 78 - Information

Articles 82 – 84 - Restrictions to electronic media and postal correspondence

Part 13 Regulation and Orders

Mental Health (Miscellaneous Provision and Prescribed Forms) (Jersey) Order 2018

Mental Health and Capacity (Review Tribunal) (Procedure) (Jersey) Order 2018

Patient / carer perspective
Questions
Assessment paper