Nursing and Residential Homes/Nursing Agencies:Authority to enter premises

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A decision made on 12 September 2018

Decision Reference: MD-HSS-2018-0033
Decision Summary Title :	Authority to Enter Premises, Quality Assurance Officer		Date of Decision Summary:	30 August 2018
Decision Summary Author:	Head of Professional and Care Regulation		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Authority to Enter Premises – Quality Assurance Officer		Date of Written Report:	30 August 2018
Written Report Author:	Head of Professional and Care Regulation		Written Report : Public or Exempt?	Public
Subject: Authority to enter premises, Quality Assurance Officer
Decision: The Minister authorised the following officer to enter and inspect premises registered or licensed under the following Laws and in accordance with the attached report – Nursing and Residential Homes (Jersey) Law 1994 Patrick Westwood, Quality Assurance Officer Nursing Agencies(Jersey) Law 1978 Patrick Westwood, Quality Assurance Officer to enter any and all premises for the purpose of his official duties in pursuance of the statutory provisions in the legislation listed above and in the report attached.

Reason for decision: Patrick Westwood has joined the Professional and Care Regulation Team as a Quality Assurance Officer and requires to possess a document authorising him enter premises in pursuance of the delegated duties under various health regulatory legislation.
Resource Implications: None
Action required: Issuing of signed authorisation documentation giving authority from the Minister for Patrick Westwood, Quality Assurance Officer, to enter and inspect premises registered under the above Laws
Signature:		Position: Minister for Health and Community Services
Date Signed:		Date of Decision (If different from Date Signed):

Nursing and Resdidential Homes/Nursing Agencies:Authority to enter premises

States of Jersey

DEPARTMENT FOR STRATEGIC POLICY, PERFORMANCE AND POPULATION

Report from the Head of Professional and Care Regulation to the Minister for Health and Community Services

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TITLE: Authority to Enter Premises – Quality Assurance Officer, Professional and Care Regulation Team

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1. Nursing and Residential Homes (Jersey) Law 1994

As part of the Minister’s statutory responsibility regulating Nursing and Residential Homes he can authorise inspectors to visit and inspect premises on his behalf. This is set out under Article 19 of the Nursing and Residential Homes (Jersey) Law 1994 which states:

“(1) ... any person authorised in that behalf by the Minister may at any time, after producing, if asked to do so, some duly authenticated document showing that he is so authorised, enter and inspect any premises which are used, or which that person has reasonable cause to believe to be used, for the purposes of a home to which this law applies,”

The Minister is recommended to authorise Patrick Westwood, recently seconded to the post of Quality Assurance Officer in the Professional and Care Regulation Team for this purpose.

2. Nursing Agencies (Jersey) Law 1978

The registration and inspection team are responsible for carrying out the inspection of Nursing Agencies on behalf of the Minister for Health and Social Services. Under Article 4 of the Law:

“(1) A registered nurse or other officer duly authorized in that behalf by the Minister may at all reasonable times, on the production of so required, of evidence of his or her authority –

(a) enter the premises specified in any licence or application for a licence under this Law or any premises which are or are to be used or which that officer has reasonable cause to believe are to are to be use for the purposes of or in connection with a nursing agency; and

(b) inspect those premises and records kept in connection with any such agency carried on at those premises.”

The Minister is recommended to authorise Patrick Westwood, recently seconded to the post of Quality Assurance Officer in the Professional and Care Regulation Team for this purpose.

Christine Blackwood

Head of Professional and Care Regulation

30 August 2018