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States of Jersey Complaints Board: Findings – Complaint by Mr. and Mrs. A. against a decision of the Minister for Education regarding an appeal in respect of the student grant for their son (Mr. A. (Junior)): Response of the Minister for Education

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 20 November 2017:

Decision Reference: MD-ESC-2017-0017

Decision Summary Title:

Formal response to Complaints board hearing on 26 July 2017

Date of Decision Summary:

30 October 2017

 

Decision Summary Author:

Director of Careers and Student Finance

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Formal response to Complaints board hearing on 26 July 2017

Date of Written Report:

30 November 2017

 

Written Report Author:

Director of Careers and Student Finance

Written Report :

Public or Exempt?

Public

Subject: The Minister’s formal response to the Complaints Board report on the public hearing held at Morier House 26 July 2017.

Decision(s): The Education Minister wishes to allow the Complaints Board to make this response available to the public.

Reason(s) for Decision: In this particular case, the Board did not find against the Minister for Education, but made some comments on the way in which applications for grants were considered. There is no statutory requirement for the Education Minister to comment, which is why the comments are by way of a Ministerial Decision, rather than being routed through PPC.

 

 

Resource Implications: There are no resource implications to this decision.

Action required: none

Signature:

Position: Deputy Rod Bryans

Education Minister   

      

Date Signed:

Date of Decision:

 

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