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Jersey Care Commission Annual Report 2023

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2023

 

Contents

 

 

 

Forward

 

04

 

Our 2023 Highlights

 

06

 

About the Jersey Care Commission

 

08

 

Our Vision

 

09

 

Our Purpose

 

09

 

Our Values

 

09

 

What we do

 

10

 

How we work

 

10

 

Our Structure in 2023

 

11

 

Performance Report

 

12

 

Chief Inspector s Report

 

14

 

Our Strategy

 

16

 

Performance Analysis

 

17

 

Accountability Report

 

41

 

Corporate Governance Report

 

42

 

The Commissioners

 

52

 

Staff Report

 

63

 

Sustainability Report

 

67

 

Finance Report

 

70

 

Appendix

 

73

 

 

 

 

3

2


Forward

by the Chair of the Board of Commissioners

Our fifth Annual Report provides a detailed overview of the work of the Jersey Care Commission (the Commission) for 2023. It describes the Commission's activities and

the impact of its work on the regulation of Jersey's

health and social care provision.

The Commission was established by the  the Standards and our inspection handbook Regulation of Care (Jersey) Law 2014 as an  and methodology, surveying people who use independent arm s-length body with perpetual  children's services and those who work in the succession. It came into being in January 2019.  sector and reviewing strategic and managerial The Commission is accountable to the people of  oversight of these services. The first inspections Jersey through the Minister for the Environment.  of CAMHS, and Social Work Services and

Independent Reviewing Officers took place in Our Commissioners are people with lived

2023. Other inspections, including fostering and experience of health and social care.

adoption, will follow in 2024.

Some are experienced professionals with

successful careers in senior managerial  The Commission has commenced preparations positions, including experience in delivering  to extend regulatory reach further, including

and regulating health and social care in other  the hospital, ambulance and adult mental jurisdictions. One Commissioner lives on Island  health provision. It has developed a partnership and was appointed specifically because of her  arrangement with the Care Quality Commission experience of being a carer. (CQC) to facilitate this work.

Our remit was extended in 2023 to include  The Commission held an engagement

the regulation of care for children and young  event with care sector representatives in people, including Child and Adolescent Mental  May 2023. This was an opportunity to hear Health Services (CAMHS). The preparations  directly from care providers on the receiving for inspections of children's services continued  end of inspections, and we look forward throughout the year. This included developing  to another similar engagement in 2024.

4


Commissioners visited care providers on  In 2023 two Commissioners, Alison Allam and  the Island and found it beneficial to see how  Sian Walker -McAllister, who each made a  front-line services are being delivered in various  significant contribution to our work, ended their  care settings. second successive terms in office, and we bade  

them farewell.  

Throughout the year, the Board met with people  

at the highest levels of Government, including  This year, we welcomed two new Commissioners,  Ministers and senior officers. These informative  Kathryn Chamberlain OBE and Gordon Pownall,  sessions allowed Commissioners to hear about  appointed following an open recruitment  significant policy developments in Jersey.  process overseen by the Jersey Appointments  

We continued to meet quarterly with Government  Commission. Three Commissioners whose  representatives through the Strategic Policy,  first terms in office ended in December 2023  Planning and Performance (SPPP) department.  have each been appointed by the Minister for  These meetings provided an opportunity to  the Environment for a second three-year term,  discuss performance and to provide assurance  providing much-needed continuity at a significant  as to the appropriate use of public funds. time in our development.

The Commission's work is ably led and facilitated  by Becky Sherrington, Chief Inspector,  

" The Commission  assisted by a team of regulation officers and  undertook workshops  administrative support staff. The Commission  

throughout the year to  relies on the team to deliver robust, agile and  effective regulation in Jersey. Throughout 2023,  

delve into matters that  Regulation officers delivered more than one  directly impact the work  hundred inspections of regulated activities,  

including care homes, children's homes, home  of the Commission. "  care and day care services. The reports of these  

inspections are published on the Commission's  website.

The Commission undertook workshops  

As you read this report, I trust you will be  throughout the year to delve into matters that  

assured by the evidence of the Commission's  directly impact the work of the Commission.  

work promoting best practice, challenging  In September, we looked at our governance  

poor performance and driving up the quality  arrangements and devised a single assurance  

of health and social care provision in Jersey. framework to improve governance and  

accountability.  

Glenn Houston

Chair of the Jersey Care Commission

5


6


                     

7


About the Jersey Care Commission

The Commission was established by the Regulation of Care (Jersey) Law 2014. The Law sets out our functions, powers, duties and responsibilities, along with detailed provisions about the Commission's appointment, resources, and funding.

A Board of Commissioners oversees the work of the Commission. The Commissioners appoint officers to carry out the duties of the Commission. The Executive Team structure is shown on page 11. The Commission engages independent contractors to deliver specific projects requiring additional skills and expertise.

8


Our Vision  

Providing independent assurance, promoting best  practice and improving health and social care outcomes  for the people of Jersey.

Our Purpose

We were appointed as a Health and Social Care Commission to:

provide the people of Jersey with independent assurance about the quality,  safety and effectiveness of their health and social care services

promote and support best practice in the delivery of health and social care  by setting high standards and challenging poor performance

work with service users, families and carers to improve their experiences of  health and social care and to achieve better outcomes

register a range of health and social care professionals and take steps to  assure ourselves and the people of Jersey that all registered professionals  are fit to practise.

Our Values

A person-centred approach we put the needs and the voices of people  using health and social care services at the heart of everything we do

Integrity we are objective and impartial in our dealings with people  and organisations

Openness and accountability we act fairly and transparently and are  responsible for our actions  

Efficiency and excellence we strive to continually improve and provide the  best possible quality and value from our work

Engagement we work together with, and seek the views of, those  using, providing, funding and planning health and social care services in  developing all aspects of our work.

9


What we do

We regulate and inspect services for adults and children to ensure that people receive high-quality, safe, and effective care.

The services we regulate include care homes providing nursing and personal care, care provided to people in their own homes, adult day care services, and residential and other services for children and young people.

We are also responsible for:

registering health and social care professionals

protecting the public from infection risks by regulating piercing and tattooing businesses

registering and inspecting premises which use lasers for cosmetic purposes

registering and inspecting Yellow Fever Centres.

How we work

We embrace the "Right-touch" regulation principles outlined by the UK s Professional Standards Authority. These state that regulation should be:

Proportionate:  regulators should only intervene when necessary. Remedies should be appropriate to the risk posed, and costs identified and minimised

Consistent: rules and standards must be joined up and implemented fairly

Targeted: regulation should be focused on the problem and minimise unintended consequences

Transparent: regulators should be open and keep regulations simple and user-friendly

Accountable: regulators must be able to justify decisions and be subject to public scrutiny

Agile:  regulation must look forward and be able to adapt to and anticipate change.

10


   

Board of Commissioners Chair and x6 Commissioners

 

   

 

Business Support Team Leader

Business Support Regulation  Pharmacist  Team Admin x2 Officer x8 Inspector

11


Performance Report

The Commission is an independent organisation partly funded by fees, but much of the Commission's income is received from the Government.

As a public regulator, the Commission has a role in helping the Government deliver its objectives. The long-term aims of the Government of Jersey are set out in the Jersey Performance Framework and the Island Outcome Indicators, which measure progress towards the Government's

sustainable wellbeing goals.

Sustainable wellbeing is a way of measuring the progress of a society. It is a holistic concept and uses different tools to measure how well society is doing across the key areas contributing to human wellbeing. The Government of Jersey focuses on three key areas set out in the Jersey Performance Framework.

Community wellbeing Environmental wellbeing Economic wellbeing

the quality of   the quality of the   how well the economy  people s lives natural world around us is performing

12


TAL

N

E Built Children M environment

N

Health & O wellbeing

R

I

V Natural

N environment

E

Safety & security

JERSEY'S

PERFORMANCE  

Sustainable FRAMEWORK

resources Vinclusive ibrant & community

Affordable Jobs & living growth

Business environment

OMIC

The Commission directly contributes to community wellbeing, and the Government has set out  specific objectives for the Commission:

  1. people are provided with independent assurance about the quality, safety and  effectiveness of Island services through the Commission
  2. all providers deliver high standards of care, and where  care is poor, this is readily identified so that services  can be supported to improve or are subject to  appropriate interventions
  3. there is public confidence in the Commission,  that it is seen as effective, relevant and provides  value for money.  

13


Chief Inspector s Report

In 2023, the Commission took on responsibility for a much wider remit across children's social care, including CAMHS, Social Work Services, Secure Children's Homes, Care in Special Schools, Contact Centres, Family and Community Nursing Services, and Independent Reviewing Officer (IRO) Services.

Expanding its responsibilities to oversee  safety of care delivered in care homes

children's social care represents a significant  and in the community is generally good,

step forward since the publication of the  with some examples of providers delivering Independent Jersey Care Inquiry report in 2017.  exceptional care. Where we have concerns

This has been a crucial and demanding aspect  that care is below the required standards,

of the Commission's work in 2023. Despite the  we have challenged providers by highlighting considerable challenges, we remained dedicated  underperformance and have followed up to

to our core mission and principles, using our  establish the provider s progress in making the influence and authority to enhance the wellbeing  necessary changes.

of Islanders.

Throughout the year, we acknowledged the

The Commission has effectively implemented  efforts of registered providers and managers thorough inspections of registered care providers  involved in the Commission s work. In addition to of particular aspects of children s health and  our inspection programme, we initiated regular social care, using the published standards and  and routine dialogue with the sector. This has regulations and continues to publish its findings.  included several in-person and online events, These efforts will positively impact and enhance  which were well attended and have received children's and young people's lives. positive reviews.

Adult Social Care also remains a large part of  We also launched a communications campaign our role; people in Jersey expect to receive  #CareConversation, inviting care receivers and safe and effective social care, now and for  providers to share their views of what regulation future generations. In 2023, we carried out  has meant to them. This was then shared on

117 inspections and subsequently published  social media as part of the Care Conversation the inspection reports. Throughout 2023,  on the Commission s LinkedIn, Facebook,

the Commission established that the quality and  and X (formerly Twitter) channels.

14


This includes the recruitment of a pharmacist  

into the team, which has already seen a positive  impact. Staff recruitment has also included  people with specialist skills in inspecting  children's social care. We have also benefited  from a positive partnership with the Royal College  of Psychiatrists in the inspection of CAMHS.  

We have invested in international, and UK-based  

training for our permanent regulation officers  

and will continue to build on external support for  

the next phase of our regulatory transformation  

work. This is one part of our workforce strategy  I would like to acknowledge and thank the  which seeks to mitigate the most significant risk  following, including providers who took part  to progress in this area, that is recruitment and  

in the campaign: retention of staff.  

A service user from Positive Steps We are committed to improving inspection quality  while ensuring our resources are used effectively.  

Chief Executive Officer from  

Over the past year, our financial performance  Family Nursing & Home Care

has been well managed. Despite considerable  

Chairman of Sanctuary Trust uncertainty, we have delivered our business  

Home Manager from  plans and objectives within budget.  

St. Joseph s Care Home

As you will see from this report, the Commission  

Chief Officer from Children, Young People,  is making great strides both in consolidating Education and Skills (CYPES). its core activities and stretching to meet new  

We also hosted several online events in  and ever more challenging objectives.  collaboration with the Disclosure and Barring  It will be challenging not only for us but  

Service (DBS) and Jersey Office of the  for those new to inspection and regulation.  Information Commission (JOIC), both of  However, the Commission will continue to

which were well attended. ensure that Islanders are provided with  

independent assurance as to the quality and  

As our remit expands, any inspection  safety of the services provided on their behalf.  arrangements introduced will only be as Like those we inspect, we are accountable to  effective if we ensure high quality and the  Islanders. As the Commission continues its  

right skills within the inspection workforce.  development, our rolling business plan for  

This annual report points to the important changes  2024 2027 will continue to show our  

being made in this area. For example, we have  commitment to a person-centred approach,  successfully recruited new staff members with  openness, accountability, efficiency  

diverse professional skills and backgrounds, on  and engagement.

both a permanent and temporary basis.  

Becky Sherrington

Chief Inspector  

19 April 2024

15


Our Strategy

Our strategic aim is to develop a comprehensive and effective regulatory infrastructure that protects and promotes the rights of people who use the services we regulate.

To achieve our aim in 2023, we identified six strategic objectives:

1 drinee glJiuvelreasrte iayonn eafnfedc itnivsep seycstitoenm o off  4 moinf arJieenlrtesaveiaynn at nh eaaclctuhr aanted r seogciisatel r

health and social care services  care professionals working 2 erkenepgyra segtsaee kneefthfaetocilvtdieveser olsy ft otwh dieteh v elop the  5 icamanpdpa riconivtteyel lttihog eeg nCactohem errem,g iainsrtsdeiorinpngr se t

Government of Jersey and other  and respond to information

regulations, standards and robust  regulated activities and

methodologies for inspection  registered persons

of services new to regulation

3 rCwaohismoe umthsiees sapinordonfi pbleryo ocvfoi dntheseu s letrinvgic es  6 egthnreos uwprlteah nfi fnnoerad nt hceiexa tCle snotsmaibomnili iotsysf itaohnnod ts oe

and engaging with people  deliver its core functions and and other stakeholders in all  functions to other health

aspects of our work  and social care services.

16


Performance  Analysis

Our Performance Framework comprises six business priorities  to bring operational focus to our strategy along with Key  Performance Indicators (KPIs) which align to our priorities.

Regulation   Professional  & Inspection Registration

Public & Stakeholder  Information Management  Engagement & Responsiveness

Governance   Planning Framework

The performance analysis looks at the Commission s performance against these priorities.

17


Performance Analysis

Priority 1 - Regulation and Inspection

Develop and implement a growth plan alongside the approved associated budget build to enable the expansion of the core team to deliver an effective regulatory regime for Jersey which supports best practice and drives continuous improvement.

HOW SUCCESSFUL  These changes to our workforce and structure HAS THIS BEEN? are underpinned by a budget plan to ensure the

Commission has the necessary resources to

In anticipation of the Commission's expanding remit,  deliver its remit.

we made structural changes to the leadership team

towards the end of 2022, replacing the Head of  WHAT MORE NEEDS

Governance, Policy and Standards role with two new  TO HAPPEN?

posts: Deputy Chief Inspector and Head of Business

and Performance.  The Commission has made excellent progress in

developing the team to meet the expanded workload In 2023, these posts provided effective and focused

in 2023 and in preparation for introducing new areas operational and corporate support to the Chief

of regulatory activity throughout 2024 and 2025. Inspector. They enabled the Commission to deliver

To support new staff, the Commission reviewed

on its ambitions of improving operational delivery

and improved its induction process, making sure and introducing robust and structured corporate

it prepares staff for the Commission's new roles. governance processes to support the Commission

This programme of induction and orientation has

in its expanding role.

evolved throughout 2023 and will continue into The Government Plan 2023-2026 included funding  2024 as new staff are appointed.

for changes needed to enable the Commission to  Some recruitment of regulation officers has been fully deliver on its commitments. In implementing our  deferred, partly to ensure new staff can be supported growth plan, in 2023 we were successful in recruiting  appropriately and partly to ensure the Commission two additional regulation officers and a Pharmacist  recruits staff with the right skills and experience. Inspector. The Pharmacist Inspector enables the  The Commission understands the need to continue Commission to directly undertake inspections of  to increase the team's scope and range of skills and medicines management, administration,  expertise, especially in areas new to regulation.

and disposal. Given the challenges of drafting

and consulting on the Standards for areas new to

regulation, and reviewing and revising the existing

standards, the Commission recruited an experienced

professional to lead this work.

18


Maintain an effective system of regulatory oversight by undertaking a  planned annual programme of announced and unannounced inspections  of all regulated services and activities for adults and children in Jersey,  with the associated inspection findings published on our website.  

HOW SUCCESSFUL  Failure to comply with an Improvement Notice  HAS THIS BEEN? is an offence which could result in prosecution.  

The Commission did not issue any Improvement  

The Commission has delivered its annual programme  Notices in 2023 but on five occasions the Commission  and completed all scheduled inspections in 2023.  imposed discretionary conditions to help manage the  In total, 105 regulated services were inspected during  risks where issues of compliance with regulations and  2023. An additional 12 Inspections were carried  standards were identified.  

out, bringing the total to 117. Additional inspections  

are usually those scheduled to check progress on  WHAT MORE NEEDS  

recommendations but can also include inspections  TO HAPPEN?

of unregistered services where it is believed a  

regulated activity is being to be carried out.  The Commission will continue to carry out its planned  

annual inspection programme to maintain an effective  When the Commission identifies a service that is not  regulatory system. Additional inspections beyond the  

fully or consistently meeting the required standards,  scheduled programme will be completed as and when  areas for improvement are recorded in the inspection  required. The Commission will face the challenge in  report. The regulation officer usually agrees a specific  2024 of continuing the programme of inspections  timescale for delivery to ensure that the provider has  of children's services that are new to regulation and  sufficient opportunity to make the required changes.  preparing the way for hospital, ambulance service,  

Depending upon the type and seriousness of the  and adult mental health service inspections in 2025.  breach or shortfall, the Commission may undertake  The process of planning and preparation has already  further inspections to ensure the provider addresses  commenced to meet this challenge.  

the issues. The Commission has the power under the  

Law to impose discretionary conditions on a provider.   TinhcereCaosmedmaiss ss iuor na nisc ae l  sthor eo xu pg lh o  ri in ns gp wec at yio s n tos, p in roc vlu idd ein g  

It can also issue a formal Improvement Notice which  developing methods to measure the effectiveness of  sets out the exact action a provider must take along  inspections and processes to monitor outcomes.

with a timescale for compliance.  

19


Performance Analysis

Key Performance Indicator (KPI) 1 Regulation and Inspection

KPI 1.1  The Commission will complete 100% of

inspections in respect of each of the regulated activities, as required in Law:

TARGET  In 2023, 117 inspections were carried out; 105 were annual inspections 100% of registered providers required by the Law. Ten services relating to

Children's social services were required to register for the first time in 2023. OUTCOME They had until 30 June to register, and the Law requires the Commission

to ensure they are inspected within 12 months of this deadline.

100%

KPI 1.2  Twahtilelle e Cansostmu 8r0me%tishsoaitfon  80%

its inspection  INSPECTION

TARGET  reports are  REPORTS ARE

80% COMPLETED

completed in

OUTCOME draft form within

28 93% 28 days of an

inspection having  DAYS concluded.

KPI 1.3 The Commission will publish 100% of its inspection reports within seven working days of reports being considered final.

A total of 95% of inspection reports were published on the Commission's TARGET  website within seven working days of being finalised. The 5% gap was

caused by technical and process issues. The Commission is reviewing the 100% measure to consider if the 100% target is achievable in future.

OUTCOME

95%

20


Performance Analysis

Apply the Regulations and Standards for all regulated activities as a  framework to measure the quality, safety and effectiveness of these services.  

HOW SUCCESSFUL  WHAT MORE NEEDS  HAS THIS BEEN? TO HAPPEN?

The Commission applied the Regulations and  The main challenge in 2024 will be to expand our  Standards throughout 2023 and provided narrative  capacity to cope effectively with the increasing range  findings on quality, safety and effectiveness in the  of services subject to regulation. We successfully  inspection report. In most cases, any improvements  launched new standards and an inspection handbook  identified were resolved through the 'Areas for  for Children's Health and Social Care services.

Improvement' section at the end of the relevant  We will now need to do the same for acute hospital,  inspection report. On five occasions the  ambulance, and adult mental health services.  Commission imposed discretionary conditions  We are working with the Care Quality Commission  which are applied to help mitigate risks.  to help develop these new standards and inspection  

Failure to comply with an Improvement Notice  methodologies.  

is an offence which could result in prosecution.  As happened in 2023, with services new to regulation,  The Commission did not issue any Improvement  the Commission will need to engage with and  Notices in 2023 but on five occasions the Commission  support services that are due to become regulated  imposed discretionary conditions to help manage  to enable them to prepare effectively for regulation  the risks where issues of compliance with Regulations  and inspection.  

and Standards were identified.  

Review the effectiveness of the existing standards, incorporating the  views of people who use and provide services.  

HOW SUCCESSFUL  WHAT MORE NEEDS  HAS THIS BEEN? TO HAPPEN?

The Commission recognises the importance of  Once the new standards and inspection  reviewing the existing standards and incorporating  approaches have been embedded, the  

the views of people who use and provide services.  Commission will set a revised timeframe for  In 2023, as it implemented one set of new standards  reviewing existing standards alongside  

for children s social work services and began to  a review of the effectiveness of the  

develop another set for the regulation of the hospital,  new approaches. This will enable a  ambulance and adult mental health services,  robust and informed analysis to  

the Commission decided to delay the review of  be carried out.

standards. This is so that it can undertake a proper  

comparison of the benefits of different approaches  

and to learn from other regulators.  

21


Performance Analysis

Work with the Government of Jersey and operational leads in implementing new Regulations and Standards relating to children's social work and associated activities and Child and Adolescent Mental Health Services, ensuring the Commission can absorb the additional developmental work relating to these activities.

HOW SUCCESSFUL  WHAT MORE NEEDS HAS THIS BEEN? TO HAPPEN?

The new Regulations relating to children s social work  The children s services inspection programme is

and other areas new to regulation were enacted on  underway and scheduled to continue into 2024.

1st January 2023. The Commission successfully  All services new to regulation will undergo their first introduced the new regulatory framework. It carried  inspection by the end of June 2024, with those who out the inspections of children's social work services  were inspected for the first time in 2023 having an including the Independent Reviewing Officer service,  annual inspection in the second half of the year.

and CAMHS in 2023, working with the Royal College

of Psychiatrists and other experienced independent

regulators to deliver these inspections.

Develop new inspection methods to deliver robust annual inspections of the services new to regulation across children s social care.

HOW SUCCESSFUL  WHAT MORE NEEDS HAS THIS BEEN? TO HAPPEN?

In consultation with providers and working with  Now that the initial inspections have been completed, contractors with experience of conducting these  the Commission has contacted providers for feedback inspections, the Commission developed specific  so that areas for improvement are identified and

sets of standards, and an inspection methodology,  addressed. This will continue throughout 2024, supported by an inspection handbook. These were  and any lessons learned will be fed back into successfully applied during the initial inspections of  developing standards for hospital, ambulance, children's services.  and adult mental health services.

Develop new standards and consider inspection methods for acute hospital, ambulance and adult mental health services.

HOW SUCCESSFUL  WHAT MORE NEEDS HAS THIS BEEN? TO HAPPEN?

The Principal Standards Officer (PSO) has been  We will continue working with providers and appointed and has begun developing the new  experienced partners to develop standards, inspection standards. The PSO is working closely with the CQC in  methods, and an inspection handbook. We will ensure England in developing our standards but has ensured  that learning from introducing new standards in 2023 that these are designed specifically for use in Jersey. is used to inform our regulatory practice going forward.

22


Performance Analysis

KPI 1.4 Inspections  KPI 1.5 Identified Areas  and Inspection  for Improvement  

reports to meet  have an agreed  TARGET  100% of quality  TARGET  action plan  100% assurance  100% and agreed  criteria. timescales for  

OUTCOME OUTCOME delivery.  

100% 100%

KPI 1.6 Improvement  and action  

plans are  

TARGET  reviewed by the  100% Commission  within agreed  

OUTCOME timescales.

100%

KPI 1.7  Consult directly with care receivers, relatives/

carers, staff members and external professionals  in 100% of inspections.

TARGET  In some cases, a regulation officer may have valid concerns about the  100% appropriateness of seeking feedback from family members. In these  circumstances the regulation officer can decide not to consult with  

OUTCOME relatives. In all other cases, consultation was carried out.  

100%

KPI 1.8  Seek post-inspection feedback on annual inspections  

with providers and managers of regulated activities.  Publish a summary of responses.

TARGET  A feedback survey is issued to all registered providers following all  30% inspections. Over 55% of care providers submitted feedback.  

Results are available on our website.

OUTCOME

55%

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Performance Analysis

Registration of Regulated Services

A significant part of the Commission s function is managing the registration and changes to registrations for regulated services. The Commission has set challenging targets to ensure that all registrations and changes are made promptly.

A requirement of making an application is that all necessary information and supporting documents are submitted. The target timeframe for completion of the registration process begins once the Commission receives a completed, fully documented application.

Key Performance Indicator (KPI) 2 Registration of Regulated Services

KPI 2.1 Finalise  KPI 2.2 Finalise requests

applications  for changes

for registration  to registration TARGET  of providers  TARGET  (for example 100% of regulated  100% Directors, activity within  registered

OUTCOME four weeks  OUTCOME manager, type 100% of receiving  100% of service, or

all required  numbers of documentation. care receivers)

for providers

of regulated activities within four weeks.

KPI 2.3 Finalise  KPI 2.4 Undertake requests for  annual

changes to  reviews and TARGET  conditions of  TARGET  registrations

100% registration  100% of designated within four  Yellow Fever

OUTCOME weeks. OUTCOME Centres, as 100% 100% required by Law.

24


Performance Analysis

Priority 2 - Engagement with  the public and stakeholders

Revise the Communications Plan to support the Communications Strategy.

HOW SUCCESSFUL  This was only completed towards the end of the year  HAS THIS BEEN? and the results will be analysed once sufficient data is  

available.

The Commission's communications plan has been  

kept under regular review both for its effectiveness  WHAT MORE NEEDS  

and to id entify any additional required initiatives  TO HAPPEN?

throughout the year.  

The Commission remains committed to seeking  

In 2023 the Commission launched its  

further opportunities to engage with the public  #CareConversation campaign. Its success in  

and professionals and to enabling them to provide  engaging with service users and providers  

feedback. It is currently considering the opportunities  exceeded our expectations.  

to improve engagement by working with a range of  Another prominent initiative was enabling users to provide  community groups.

feedback on their experience of using the website.

Ensure that the voices of people who use and provide services, their carers  and representatives, are heard throughout the Commission's work.

HOW SUCCESSFUL  It has exceeded expectations and provided  

HAS THIS BEEN? measurable data about the effectiveness of  

our engagement.  

The Commission mainly engages directly with care  

receivers and their families through the inspection  WHAT MORE NEEDS  

process. Regulation officers speak to a range of  TO HAPPEN?

people at each inspection, and their feedback is  

included in inspection reports where appropriate.  Following on from the success of the  

This is not always possible; feedback often includes  #CareConversation campaign, the Commission  highly personal or sensitive data.  will continue to seek new ways to engage with the  

public, and especially with care receivers and their  The #CareConversation campaign is part of our  families. We are also continuing to explore other  

communications strategy which aims to broaden the  more traditional options to increase engagement  ways we engage with care receivers and providers.  through surveys and through the website.

25


Performance Analysis

Provide the public with access to relevant information about the Commission's activities on the Commission's website and, for those who cannot use a website, provide access to other appropriate methods of contacting the Commission.

HOW SUCCESSFUL  WHAT MORE NEEDS HAS THIS BEEN? TO HAPPEN?

All inspection reports, policies and guidance are  Enhancing engagement with the public remains a available to the public through the Commission's  key objective, and with this in mind, the Commission website. Minutes and agendas of Board meetings  is keen to understand what else it can do to provide are also available, in keeping with the requirements of  members of the public with the information they

our publication scheme. The Commission provides  require. To do this, we continue exploring options for alternative methods to access documents on request. improving our feedback channels and mechanisms.

Following the introduction of a limited amount of

TtehleepChoomnemqisuseiorine so  pa erera atnesswae dreudty p or ffiomcep stl oy. t hIna ta ddition,  information in child-friendly and plain English

formats, we will be increasing the range of information especially in complex matters, the Commission is

available and providing more information in an always ready to engage directly with the public by

easy-to-read format.

appointment in face-to-face meetings. This is actively

encouraged when resolving complaints. In 2023,

the Commission also began to make some key

information available in Easy Read formats.

PUBLIC ACCESS

TO RELEVANT INFORMATION

26


Performance Analysis

Key Performance Indicator (KPI) 3  Public Engagement

KPI 3 The Commission will improve and expand engagement  

with the public by introducing new channels to engage  with the public and seek feedback.  

OUTCOME

Achieved

KPI 3.1 The Commission will work with the supplier to enhance  

the use of website statistics and consider feedback  mechanisms to understand public engagement.

TARGET  This was implemented in 2023, and towards the end of the year we began  100% to receive feedback, Early indications are that while most users easily  

find the information they require this is not the case for all users. Once we  OUTCOME have collected more data, we will seek to ensure all users can finds the  

information they need.

100%

KPI 3.2 Engage with care receivers and families during  

inspections and provide an opportunity for them  to give feedback on their experience of inspections.

TARGET  This was achieved in all instances where the Regulation Officer deemed it  100% appropriate to seek engagement. Anonymised comments received from  care receivers and their families are included in inspection reports where  

OUTCOME consent is given, and where this can be done without infringing privacy.

100%

27


Continue to raise the profile

of the Commission with the organisations it regulates and with

those who receive services and their carers/representatives, through a planned programme of engagements.

HOW SUCCESSFUL  WHAT MORE NEEDS HAS THIS BEEN? TO HAPPEN?

The Commission has continued to engage directly with  The Commission will continue to hold further providers and organised a successful engagement  sector-wide engagement events in 2024 and explore event in May 2023. Feedback confirmed that  other meaningful ways to engage care providers attendees found the event valuable and would  and service managers. This will enable providers to welcome similar events. share experiences of regulation and will offer further

opportunities to provide feedback about the work of The Commission organised two online seminars for  the Commission.

care providers with key partners. The Disclosure

and Barring Service (DBS) and the Jersey Office of  Following the success of the seminars with key

partners, the Commission will consult with providers to the Information Commissioner (JOIC) spoke about

ensure we continue to identify other subjects

their work and provided guidance and support to

of interest.

participants. Both seminars were well received

by attendees.

Establish effective links with other UK regulatory bodies with shared responsibilities for overseeing professional regulation in Jersey, including developing Memoranda of Understanding.

HOW SUCCESSFUL  WHAT MORE NEEDS HAS THIS BEEN? TO HAPPEN?

During 2023 the Commission worked with  The Commission will continue to work with UK several regulatory bodies to agree Memoranda  professional regulatory bodies to agree and regularise of Understanding (MOUs) and working practices  working practices so that the public can be assured focussed on keeping the people of Jersey safe.  that health and social care professionals working in Two MOUs were finalised in 2023 with the Nursing  Jersey are appropriately registered and regulated. and Midwifery Council (NMC) and with the Health  Work with UK professional regulators will also seek Care Professions Council (HCPC). Other MOUs are  to ensure the necessary agreements are in place being progressed. Discussion so far has enabled  so that outcomes of fitness to practise committee

investigations are communicated and taken into

the Commission and other professional regulatory

consideration in maintaining an accurate register bodies to agree effective working practices and clarify

in Jersey.

the lawful basis for data sharing. This has promoted

effective joint working, pending the agreement of

formal MOUs.

28


Performance Analysis

Work with the Government of Jersey policy leads to prepare for the  implementation of the new Registration of Professionals Law.  

HOW SUCCESSFUL  WHAT MORE NEEDS  HAS THIS BEEN? TO HAPPEN?

The Commission has worked closely with the  The Commission will continue to prepare for any  Government of Jersey in its drafting of the proposed  changes in the law to ensure the transition to a new  Registration of Professionals Law. In preparation the  regulatory framework is as smooth as possible.  Commission has undertaken the Digital Registration  The Commission will also publicise the changes  project to ensure it can handle any increase in the  and new requirements for professional registrants.

volume of registrations following any legislative  

changes. The Commission supports the Government  

of Jersey plans to replace existing laws with a single  

registration law that standardises requirements across  

all health and social care professionals.

Work with Policy Leads within the Government of Jersey on developing  regulations and standards for assisted dying.

HOW SUCCESSFUL  Should the Government of Jersey enact legislation,  HAS THIS BEEN? the Commission will be prepared to fulfil any  

consequential additional regulatory requirements. The Board receives regular updates from the  

Government of Jersey policy lead on the Government s  WHAT MORE NEEDS  

intentions regarding assisted dying. As part of the  TO HAPPEN?

European Partnership for Supervisory Organisations  

in Health Services and Social Care (EPSO), the  The Commission will continue to work with the  Commission has sought advice and information from  Government of Jersey to ensure that a system of  other regulators with experience in this specialist area. effective regulation will be implemented to support  

any changes in the law. The Commission will  

The Chief Inspector now chairs an EPSO working  also continue to work with international partners  group on regulatory issues around assisted dying and  to ensure that regulation of Assisted Dying in  provides relevant information to the Government of  Jersey follows international best practice and  Jersey for its consideration and, where appropriate,  takes into consideration experiences of other  

to incorporate into its plans.  jurisdictions where Assisted Dying is lawful.

29


Performance Analysis

Key Performance Indicator (KPI) 4 Stakeholder and professional engagement

KPI 4 The Commission will increase engagement with the sector and stakeholders such as States and Government of

Jersey departments, Jersey based arm s-length bodies, OUTCOME and UK regulators.

Achieved

KPI 4.1 Consult with the sector to organise a sector-wide

engagement event for providers

The Commission organised a sector-wide engagement event OUTCOME using feedback from providers about previous events.

Achieved

KPI 4.2 Facilitate engagement events or training events on specific

subjects relevant to providers

Two such events were held with the Disclosure and Barring Service and OUTCOME the Jersey Office of the Information Commissioner.

Achieved

KPI 4.3 Develop additional feedback mechanisms to enable a

greater range of feedback to be provided by the sector

In 2023, the Commission made significant changes to its post-inspection OUTCOME feedback process to improve the information received and the ability to analyse

responses. In addition, the Commission introduced an annual survey of registered Achieved providers to capture feedback about other aspects of the Commission's work.

KPI 4.4 Use Website traffic and feedback surveys to monitor use

and satisfaction with the website and information provided

Towards the end of 2023 the Commission deployed a survey to enable users to OUTCOME provide feedback. In addition, the Commission enhanced the data it collects

about website use to help it better understand what information and documents Achieved users access most frequently and so that we can ensure users can access the

information they require.

30


Performance Analysis

Priority 3 - Professional Registration

The Commission will complete professional registrations and renewals within  agreed timeframes, subject to receipt of completed applications that include  all required documentation.

HOW SUCCESSFUL  WHAT MORE NEEDS  HAS THIS BEEN? TO HAPPEN?

The Commission operates a successful registration  The Commission has been developing a digital online  programme for health and social care professionals  registration system to prepare for a possible increase  who are required to register with the Commission to  in activity and to future-proof the registration process.  work in Jersey. There are currently 3,637 registered  While much of the work to develop the new system  professionals permitted to work in Jersey.  took place in 2023, the system is expected to go live  Proposed changes to the legislation underpinning  in 2024.  

professional registration could increase the volume  

of registrants, particularly with respect to renewals,  

as currently not all professionals need to re-register  

every year.  

" The Commission has been  developing a digital online  professional registration  system for health and  social care professionals"  

31


Performance Analysis

Key Performance Indicator (KPI) 5 Professional Registration

KPI 5.1 Creogmisptrlaettieon  KPI 5.2 Complete renewal

applications applications

from health from health

TARGET  TARGET  and social care

and social care

100% 100% professionals

professionals

within seven OUTCOME within three  OUTCOME

100% days of

working days  100%

receiving a

of receiving

completed

a completed

application. application.

KPI 5.3 Complete  registration  

applications  

TARGET  from piercing  100% and tattooing  

practitioners  OUTCOME within three  

100%

working days  of receiving  a completed  application.  

3 DAYS

COMPLETE  

REGISTRATION  APPLICATIONS

32


Performance Analysis

Priority 4 - Information Management  and Responsiveness

The Commission is committed to ensuring its internal systems are robust, fit for purpose  and capable of managing the complexity and volume of information it handles.

Strengthen the Commission's internal administrative systems to ensure  they are sufficiently robust to manage and process the complexity of  information received from the public and from regulated activities.

HOW SUCCESSFUL  the Commission detected two data incidents, which  HAS THIS BEEN? were notified to the relevant data subjects and to the  

Jersey Office of the Information Commissioner (JOIC).  The Commission processes a broad and complex  JOIC investigated the incidents and took no further  

range of information from care providers, individual  action, confirming they were satisfied with the actions  professionals, and the public. In 2023, it introduced  taken by the Commission to manage the incidents.  new ways to gather and manage that information using  All Commission staff and Commissioners have  existing technologies. These improvements simplified  received data protection training, and are supported  

the process for those submitting information and for  by an experienced Data Protection Officer.

Commission staff managing and analysing data.

The Commission's Business Support team ensures a  WHAT MORE NEEDS  

prompt response to all enquiries, with a duty officer to  TO HAPPEN?

deal with any complex inquiries requiring knowledge  

of the Regulation of Care (Jersey) Law 2014 or the  Aansdth me arannaggee da nbdy cthoemCpolemximtyi sosfi oinnfo inrmcr ae taios ne s re, wcee i  va ered   associated Regulations and Standards.  looking at options to improve our data processing  Complaints are managed in line with our complaints  functions to make it easier to submit information  

policies. This includes meeting face-to-face with  and for the Commission to receive and process that  complainants where requested. While we have targets  information appropriately.  

for responding and keeping complainants informed,  We plan to introduce an online registration system  we do advise complainants that complex issues can  allowing professionals to register, renew, and make  take time to resolve. payments online. Following this, we will identify  

further opportunities to strengthen our systems to  The Commission also takes seriously its responsibility  

make the submission of information by providers,  to uphold data subject's rights under the Data  

professionals, and the public easier, and to ensure  Protection (Jersey) Law. During the year,  data protection compliance.

Continue to provide prompt and detailed responses to consultations,  correspondence from the Chief Minister, Ministers, and States of Jersey  departments, as required.

HOW SUCCESSFUL  WHAT MORE NEEDS  HAS THIS BEEN? TO HAPPEN?

The Commission responds to all requests for information  The Commission will continue to work closely with  from the States of Jersey and to consultations on a  the Government and States of Jersey to enable the  case-by-case basis, accepting that a neutral position  Government s planned legislation programme to  

is appropriate as an independent regulator in some  be delivered. Improvements in data collection and  cases. In 2023 the Commission responded to the  management will enable more detailed and quicker  Government s public consultation on assisted dying. responses to some consultations.

33


Performance Analysis

Key Performance Indicator (KPI) 6 Information Management

KPI 6.1  Number, outcome, and time to respond to duty

calls and public enquiries.

Due to a change in telephony systems during the year, the Commission lost the TARGET  ability to fully measure all aspects of this KPI. A call management system that

could provide data is not considered cost-effective, considering the volume of 80% calls received. The current process means calls and enquiries are answered by

the duty officer on the day they are received unless it is considered appropriate

OUTCOME to pass them to a specific regulation officer. In this case, if the regulation

100% officer is unavailable, the enquirer is informed when they will be contacted.

All calls relating to specific care providers are logged and outcomes noted.

KPI 6.2  Number of notifications received.

No target is set for this indicator.

The Commission recorded 4231 notifications from registered providers during 2023. We are currently exploring options for tracking notifications and to provide more data about the type of notifications received and how they are managed.

KPI 6.3  Number of complaints and percentage managed

within timescales set out in complaints policies.

In 2023 the Commission received three formal complaints about the provision TARGET  of regulated services and one formal complaint about the Commission itself.

The Commission has a separate policy for managing and responding to each 100% type of complaint. All complaints have been managed in line with the policies

and the timescales set out.

OUTCOME

100%

KPI 6.4  Number of data incidents and percentage managed within

timelines set out in data breach handling guidance.

The Commission managed two data incidents in 2023. Both were TARGET  acknowledged, reported, and managed within required timeframes.

In both cases, the initial investigation to identify causes, mitigation, 100% and prevent recurrence was completed within five days

OUTCOME

100%

34


Performance Analysis

Priority 5 - Maintain an effective  governance framework

Continue to make sure that the Commission's Governance Framework and  financial oversight are robust.

HOW SUCCESSFUL  The Framework covers the full range of governance  HAS THIS BEEN? areas and has significantly enhanced controls.  

More information about the Commission's governance  The Commission's key accountability and governance  is provided in the Corporate Governance Report  

arrangements are set out in its Constitution and in the  in the Accountability Section of this Annual Report. Framework Agreement with the Government of Jersey.  

Following a request from the Board of Commissioners,  WHAT MORE NEEDS  

an external assurance audit of the Commission's  TO HAPPEN?

governance framework was undertaken in 2021

by BDO on behalf of Internal Audit.  As the Commission's remit has continued to expand,  

we recognise that we must ensure that our  

All remaining outstanding recommendations  governance framework remains sufficiently robust within the direct control of the Commission were  and well-developed to mitigate new risks, and to  

fully implemented by the end of 2023. Others  support effective decision making.  

recommendations for example, would require changes  

to the Regulation of Care (Jersey) Law 2014 and these  In addition, the Commission intends to benchmark  

are being considered by the Government of Jersey. its governance arrangements against similar  organisations and regulators and review best  

The Board undertakes an internal review of its  practices for arm s-length organisations.  

effectiveness on an annual basis, and this review  

The Commission's accounts are currently audited  identifies opportunities to strengthen governance  

controls. In 2023, the Commission implemented an  aasc cpoaurtnotsf, t dhees wp hit oe l  eth oe f  Rthe eg Gul oa vti eo rn n omf eCnat r oe f  ( JJ ee rr ss ee yy )  Integrated Assurance Framework to provide assurance  Law 2014 requiring the Commission to separately  

that all necessary controls are in place, or that there publish audited accounts. The Commission has  

is an appropriate plan in place to address any gaps  worked with the Government of Jersey to review these  or areas where weaknesses in controls are identified. arrangements. Current proposals are that is expected  

to be addressed by a change in the Law in 2024.  

35


Performance Analysis

Key Performance Indicator (KPI) 7 Governance Framework

KPI 7.1 Ensure that the Board of Commissioners meets at least six times per year and that papers are produced to the

appropriate standards and promptly to enable the Board OUTCOME to discharge its responsibilities.

Achieved

KPI 7.2 Undertake a review of the effectiveness of the Board of

Commissioners annually.

The Board conducted a review of its effectiveness during the September OUTCOME 2023 workshop.

Achieved

KPI 7.3 The Commission will ensure a monthly review of risks is undertaken by Commission staff with oversight from the

Board at each meeting. A review of the effectiveness of OUTCOME the risk framework will be conducted annually.

Achieved The Commission's Executive Team reviews risks at least monthly. The Board

receives a report on risks and reviews risks at each Board meeting. The annual review of the effectiveness of the risk framework takes place each January.

KPI 7.4 Develop a performance framework and monthly dashboard to

assist the Executive Team and Board to manage performance.

A new performance dashboard was developed in 2023 for use by the OUTCOME Board and the Executive Team. This has helped the Executive Team regularly monitor progress towards delivering key objectives and has

Achieved provided assurance about performance to the Board.  

KPI 7.5 Undertake a review of all corporate policies and ensure a

robust schedule is in place.

The Integrated Assurance Framework sets out the review schedule for OUTCOME all key policies and documents. In 2023 reviews were undertaken of all

policies and documents as scheduled.

Achieved

36


Performance Analysis

Priority 6 - Planning

Having undertaken a comprehensive review of internal infrastructure,  devise a revised organisational structure and workforce plan and formulate  a detailed business plan based upon the approved budget.

HOW SUCCESSFUL  WHAT MORE NEEDS  HAS THIS BEEN? TO HAPPEN?

The Commission reviewed its organisational structure,  We remain committed to improving business planning  implemented a new structure, and developed a  and organisational development. In 2023, the new  workforce plan to support the expansion of the  structures were embedded; however, with further  Commission s remit. Planned recruitment to key  plans to expand the Commission's remit in 2024  posts such as the Principal Standards Officer,  and 2025, the structures will be kept under review to  Pharmacist Inspector and additional regulation  ensure they continue to enable the Commission to  officers took place successfully. For some roles such  deliver its core objectives.

as regulation officers, recruitment has been phased  

to help manage staff onboarding and to align with  

expected workloads from areas new to regulation.  

The budget to support this expansion was agreed in  the 2023-2026 Government Plan.

37


Performance Analysis

Risk Management

An essential part of delivering the  its Risk Management Framework with that of Commission's objectives is managing risks.  the Government of Jersey. This enables the The Commission has a robust Risk Management  Commission to escalate complex risks which Framework, which is reviewed annually.  go beyond its ability to manage entirely.

The Framework describes how the Commission

The Board is ultimately responsible for ensuring identifies, assesses and manages strategic

risks are effectively managed. The Board

and operational risks impacting the delivery

discusses risks, controls, and mitigation at

of its mission and purpose.

every meeting. Commission staff discuss risks The Framework identifies the four most common  monthly to ensure all staff are aware of existing risk categories: public protection, financial,  risks and to facilitate early identification of any reputational and delivery. It details the risk  emerging risks.

appetite the Commission has in each category.

Analysis shows a healthy turnover of risks

It also describes the roles and responsibilities

and active progress on controls, mitigation,

of the Board and officers in managing risks.

and risk ratings.

Although independent of the Government,

as a public body, the Commission has aligned

Summary of key risks, mitigation actions and progress during 2023

 Risk Controls  Progress and  Rating

and Mitigation change during year and Trend

WORKFORCE, CAPACITY    Phased rollout of new    Taking on new areas of regulation

AND CAPABILITY legislative changes to take  is a key risk for the Commission. In

risks into account. 2023, this was related to Children's

Increasing demands, especially  social care, but the risk remains

from areas new to regulation    Planned growth of team  with further new regulatory areas.

and where the Commission  and skills required set out in

needs to develop additional  workforce plan.   However, planned recruitment

expertise, could impact the    Relationships being built  is progressing well, and the

Commission's capacity and  with UK-based regulators  Commission has forged effective  High capability to conduct its core  to provide access to  strategic partnerships with

delivery programme, potentially  additional inspection  organisations  

causing it to fail to conduct  resources and to help  such as the CQC.

statutory inspections. develop additional skills.   Overall, the risk remains stable.

DIGITAL

The Commission has mainly

manual processes for

managing registrations,    Systems and business processes

registering providers, and    A programme is in place to  must be changed or risk significant

collecting fees. These  address underlying issues  impacts on the Commission's

processes must be  regarding professional  objectives and legal obligations.

strengthened to meet the  registration.   A digital solution is underway to

expected annual demand    Discovery planned for early  address professional registration,

from proposed changes to  2024 to identify options  and a Discovery is planned to

professional registration and  and priorities for business  identify options to address wider  Medium regulations, which could impact  transformation to make  issues. However, whether the

the delivery of objectives.  sure the Commission  Commission can secure the

In addition, expanding the  can successfully meet  resources necessary to address

Commission's remit creates  challenges.  the additional issues identified

an additional requirement for  needs to be clarified.

data and analysis capability

to deliver the core inspection

programme effectively.

38


Performance Analysis

 Risk andC Monittirgoaltsi on chanPgroe gdruerssin agn yde ar anRda Ttirnegn d  

   Following the initial assessment,  

a full data governance review  

DATA GOVERNANCE  occurred in 2023. Several  

AND CYBER SECURITY   Npreowc eITs s se ys s  twei mll fso allnodw data  strengthening actions were  

A partial assessment of  identified and undertaken.

protection by design  

the Commission s data  principles.   Scheduled reviews are in place to  

governance provided limited  ensure controls remain adequate  

assurance of the effectiveness    A comprehensive review  and effective and are followed as  

of controls. of data governance took  expected.

place in 2023.

Data governance controls    The digital registration project  

must be strengthened to    A schedule is in place  will address additional areas of  

ensure that data is fully  to ensure all existing  concern.   Medium protected and that controls  Data Protection Impact  A planned digital Discovery will  

comply with the highest  Assessments,  identify further areas where  

standards and best practices.  Data Sharing Agreements  improvements could be made.  

and Memoranda of  

The Commission could be  Understanding are  

   Some risks have been mitigated  

effectively, and there are likely to  

exposed to broader data  reviewed regularly and  be opportunities to strengthen  

rsiuskbsjeacntsd' rriisgkh tbsr.eaching data  updated. systems further. However, the risk  

remains extant and may increase  

with further digitisation of services.

FUNDING ALLOCATION   The Commission has  

The Growth Plan agreed  sound financial controls  

in 2022 to enable the  and monitors expenditure  

Commission to undertake a  as closely as possible to    This was a risk that the Commission  

broader regulatory remit had  identify any   had expected to reduce during  

no contingency. issues promptly. 2023 following the allocation of  

While the Commission    All expenditure undergoes  funding in  

a rigorous value for  the 2023-2026 Government Plan to  

scuhcaclleenssgfeusll yo fn avigated the  money assessment, and  enable the Commission to deliver  

new areas of regulation in  alternatives are considered. its expanded remit.

2023, those areas coming    In 2024, with the    However, in the 2024-2027  

under regulation in 2024 and  recruitment ongoing, there  Government Plan debate, changes  High 2025   are opportunities for non- were made to the funding allocation  

are even more challenging. recurring cost avoidance  which must be managed in 2024  

Reductions to the funding  measures. and beyond.  

allocation mean this is    The Commission will need  This is expected to remain a  

even more challenging and  to consider the impact  challenge.

could impact the inspection  of funding reductions on  

programme or other Business  delivery plans for 2025 and  

Plan objectives. beyond.

39


40

Performance Analysis

Risk Profile Changes in 2023

The Commission uses a four-point overall  Agreement on the funding to be allocated as part risk rating from Extremely High to Low.  of the 2023-2026 Government Plan to enable the There were no Extremely High risks during 2023.  Commission to deliver its expanded role initially Overall, the risk landscape has been mostly  led the Commission to assess its financial risk stable, and the key risks for the Commission  as reducing. However, following the 2024-2027 remain around resourcing and managing the  Government Plan debate, the Commission was expanding role and remit. notified of reductions to departmental budgets

and a consequent reduction to the Commission s A comprehensive, properly informed and

budget. The financial section of this Annual implemented workforce plan is critical to

Report shows that the Commission reported a mitigating the Commission s key risks in the

surplus of income over expenditure at year end. medium term. However, to manage the demand

The Commission has identified opportunities

in the short term and to ensure that key skills

to make non-recurring savings in 2024 that will are available when needed, the Commission has

not adversely impact on its core activities. The successfully partnered with organisations such

Commission will keep under consideration the as the CQC in England. It has also secured the

impact of this budget reduction on the ability to services of independent inspectors. These two

deliver the planned programme of inspections initiatives help manage the risk.

and to achieve break even.

Another significant risk is not having the

The Board also carefully considers the overall appropriate systems and processes to deal with

exposure to risk. While there are risks from additional work, especially the additional data

the expansion of the Commission's remit,

the Commission expects to process and analyse.

the Board has been appropriately cautious

This has been summarised as the Digital Risk.

and delayed taking on additional risk where The key mitigation is a digital Discovery to

possible and sensible. For example, where help develop a Digital Strategy in 2024.

requests have been made to support partners However, while addressing some existing

in other jurisdictions the Board decided to defer risks, the Commission is mindful of the

support at a time of uncertainty.

new risks that digitisation creates.

The data governance and cyber security

risk captures some of these additional risks. While there are risks, there are opportunities to introduce systems with built-in enhanced privacy and security, which could reduce the risk over time. Furthermore, the Commission has conducted a detailed assessment of its data governance controls and introduced a new Integrated Assurance Framework, which has helped reduce the risk in 2023.


 

       

   

                       

         

                     

       

                   

     

41

Corporate Governance Report

Chair of the Board of Commissioners Report

The Jersey Care Commission was established  The Commission came into being in January

in statute by the Regulation of Care (Jersey)  2019 and is celebrating five years of continuous Law 2014. The Law states there shall be a  operation. The Commission exists to preserve Health and Social Care Commission, a body  the integrity of independent regulation of health corporate with perpetual succession, consisting  and social care services in Jersey, to identify

of not less than four and not more than eight  and address poor practices and to drive up the Commissioners. There are currently seven  quality of services. The Board of Commissioners serving Commissioners, including the Chair.  supports the team in discharging its duties and

responsibilities under the Law, Regulations and The Jersey Appointments Commission oversees

Standards, such as registering and inspecting Board-level appointments, but the authority

regulated activities in Jersey. The Commission to appoint the Chair and other Commissioners

must undertake annual inspections of all

rests with the Minister for the Environment.

regulated activities and regulated health and

The profiles of the existing Commissioners

social care provision. The Commission must

are included elsewhere in this report and are

also maintain a register of health and social care available on the Commission's website.

professionals employed in Jersey.

42


Commissioners have significant experience  and Business Plan; monitoring progress against  working in the wider health and social care  strategic and business objectives, including  context in the UK, and some have previous  KPIs; providing support and encouragement  experience working in systems of regulation,  to the Chief Inspector, regulation officers, and  including at the Chief Executive level. They bring  the wider staff team in exercising its duties and  

an essential challenge function in terms of how  responsibilities.

the Commission can account for how it uses its  

Other essential functions include protecting  resources and how it conducts  

its business. All are required to  " The Commission  independence of thought, action, and decision- abide by the Seven Pof Public Life (also known as rinciples  exists to preserve  making, particularly around  the Nolan Principles). These  the integrity of  complex or contentious  

are selflessness, integrity,  independent  issues. Commissioners  objectivityopenness, honesty and , accountability,  regulation of health  bring their perknowledge, skill, and sonal  

leadership. and social care  experwork of the Commission, tise to bear on the  The Commission is responsible  services in Jersey." ensuring that the  

for ensuring that a robust  Commission always acts  corporate governance system  in the best interests of  exists and operates effectively. The Commission  the people of Jersey and providing strategic  

has a governance framework centred on its  oversight, scrutiny, and accountability for the  Constitution, the Framework Agreement with  work of the Commission in general.

the Government of Jersey, and its Scheme  

The Commission excels when the Board and  

of Delegation. In addition, it maintains a  

the team work effectively together. The Chief  corporate risk register and a suite of policies and  

Inspector and the Head of Business and  

procedures which describe how the Commission  

Performance attend all Board meetings and  conducts its affairs. In 2023, the Commission  

make important contributions to the business  began working towards an Integrated Assurance  

of the Board. During 2023, the team grew  Framework, bringing together the various strands  

significantly in strength in keeping with the  

of accountability into a single matrix.

milestones set out in the Workforce Strategy.  

Each year, Commissioners participate in a  

The Board meets six times each year. In 2023,  self-evaluation of Board effectiveness.  

this included four on-island meetings, with  The Commission has also been open to  

two conducted remotely. Additional time is  independent scrutiny by the Comptroller and  

invested in workshops centred around  Auditor General. It is referenced in published  

the on-island meetings and an annual  

'Think Piece' reports. In September 2023, the  

engagement event with the care  

Commission convened a workshop to conduct an  

sector. Board meetings are  

in-depth review of its governance arrangements.  

held in public. Agendas,  

Commissioners identified core functions that  

minutes, and other Board  

fall specifically to the Board to deliver and those  

papers are published  

delegated to the Chief Inspector and others  

on the Commission's  

within the team.  

website, as set  

The Board's functions include: making sure  out in the  

the organisation fulfils its statutory duties  publication  

and responsibilities without exceeding its  scheme.  

legal mandate; setting the strategic direction,  

approving the Commission's Corporate Strategy  

43


Throughout 2023, the Board addressed a range  of important topics, including the preparations  for extending regulatory responsibility to  include ten areas of children's services new  

to regulation. This included the development  

of the new Standards, the publication of an  Inspection Handbook, a survey methodology  devised and administered in conjunction with the  Picker Institute and developing partnerships with  off-island bodies such as the Royal College of  Psychiatrists and other independent experts to  assist and support the process.  

The Board had strategic oversight of an IT  project to improve and simplify the professional  registration and renewals process. This new  system is subject to user acceptance testing,  after which it will be rolled out to health and  social care professionals in 2024.  

Throughout the year, the Board received  

regular updates on inspections carried  

out by regulation officers and on associated  escalations and enforcements.

There were several changes to the profile of

The Chair and the Chief Inspector meet weekly  the Commission in 2023. Two long-serving

to discuss matters affecting the regulation of  Commissioners, Alison Allam and

health and social care in Jersey, ensuring a  Si n Walker -McAllister left the Commission after clear line of accountability to the Board  completing two consecutive terms in office. concerning operational and other issues that

The Minister appointed Gordon Pownall and may have an impact on the Commission.

Kathryn Chamberlain OBE for three-year terms In addition, the Chief Inspector provides a  starting in July and in September 2023. The comprehensive report to each Board meeting.  remaining Commissioners, Jackie Hall , Noreen Commissioners receive updates via briefing  Kent and Angela Parry were offered, and

notes from the Chair between scheduled Board  accepted, second successive terms for three meetings and a Chair's Report at every meeting. years in January 2024.

Glenn Houston

Chair  

17 April 2024

44


Statement of Responsibilities of the  Chair of the Board of Commissioners

The role of the Chair of the Board of Commissioners is to provide leadership and direction to the  Commission to ensure, through a process of registration and inspection, that the quality of all  regulated activities in Jersey is independently assessed and assured and to deliver improved  outcomes for service users. The Chair works with Commissioners, the Executive Team,  

and representatives of the Government of Jersey to ensure the effective operation and  performance of the Commission.

The Chair is required to:

 

1

assemble an effective and complementary Board

of Commissioners and encourage members to work together as a team

2

chair all meetings of the Commission, set the agenda, style and tone

of discussions to promote effective decision making and constructive debate

3

provide effective leadership by maintaining a focus on strategy and performance

4

work in partnership with the Chief Inspector to achieve the aims of the Commission

5

provide strategic direction, including setting and monitoring operational objectives for the Commission, taking into consideration the context and needs of the Island

6

set and maintain the

values for the organisation, ensuring that its obligations to all stakeholders, including people who use services, are understood and met

7

ensure that resources are allocated to strategic objectives

8

ensure governance arrangements for the Commission s executive function are effective and kept under review

9

ensure the highest levels of probity and integrity are upheld in the way the Commission carries out its functions and for the use of public funds

10

ensure the promotion of best practice across the sectors overseen.

45


Statement of Responsibilities of the Chair of the Chief Inspector

The Chief Inspector is responsible for the day-to-day work of the Commission and, in doing so, works closely with the Chair and Commissioners to provide strategic leadership and expert technical knowledge and skills to ensure the effective and efficient delivery of the Commission's statutory, regulatory and inspection functions, in accordance with legislation.

The Constitution makes clear that the Chief Inspector is not a member of the Commission, or the Board of Commissioners, but is an executive officer of the Commission and is expected to uphold the decisions of the Commission, except where they contradict any requirement or stipulation of the Public Finances Manual or States Employment Board policies and procedures.

The Chief Inspector s duties are to:

 

4

ensure that the

Commission s overall governance framework and controls assurance structure, including risk management, financial management and policies and procedures are appropriate and effective

5

provide regular reports and management information

to assure the Commission that it is fulfilling its statutory responsibilities

6

lead and manage the Commission s executive functions, including business planning, data protection obligations, performance management, risk management and audit systems, responses to Freedom of Information requests and complaints, individual staff review and appraisal, training and continual professional development to secure continuous improvement in the Commission s performance

lead and develop the Executive Team in delivering the Commission's corporate plan, ensuring effective regulation of health and social care services

1

and registration of care professionals

build and sustain credibility with the public and registered service providers by promoting a regulatory approach that ensures compliance with Regulations and Standards, challenges poor performance and supports continuous improvement

2

in consultation with the Chair and Commissioners, prepare:

- a Corporate Strategy setting

out the Mission, Vision and Values of the organisation

3 -tohbaejBe Ccuotsimvinemess,i ssos pPioelanrnastsinkeegttyminbgou dsoeiunlt,ess

and performance indicators

- a corporate risk framework, including a risk strategy and risk registers

- an annual report describing progress against the objectives in the Corporate Strategy and Business Plan

46


7

ensure sound financial management and monitoring of budgets and advise Commissioners on budget planning, income generation and actions needed to maintain expenditure within budget

8

lead and develop a team

of specialist and generalist regulation officers to ensure the effective regulation

of health and social care services to protect, improve and safeguard the health, care and welfare of the local population

9

ensure consistent, high-quality regulatory practice, with a focus

on supporting service improvement, monitoring compliance and, where necessary, taking effective enforcement action

10

lead and develop the Commission's business and administrative staff

to ensure efficient and effective administration of the Commission's regulatory responsibilities

11

build capacity and develop staff, ensuring the Commission acquires the necessary skills and resources to respond effectively to the projected extension of the Commission s regulatory reach

12

take a lead role in working with the States, Government departments, and other key stakeholders in matters related to the regulation of health and social care services and professional regulation

13

positively promote the work of the Commission and act as a focal point of contact to enquiries from Ministers, Government officers, care providers, the public, the media and others, as appropriate

14

develop and facilitate relationships with people who use services and

their families and carers to improve their experiences of health and social care and achieve better outcomes

15

lead and support consistent, high-quality practice within the staff team, promoting employees' health, safety and welfare, managing performance, monitoring work standards for all staff and promoting diversity and equality of opportunity.

47


The Commission and the Board of Commissioners

The Commission is a body corporate with perpetual succession. The Regulation of Care (Jersey) Law 2014 states that the Commission shall consist of not less than four and not more than eight Commissioners. There are currently seven serving Commissioners, including the Chair.

In 2023, two Commissioners completed their terms of appointment, and two new Commissioners were appointed. Therefore in 2023, the Board consisted of:

 

Glenn Houston

Chair of the Board of Commissioners

Lesley Bratch

Commissioner

Kathryn Chamberlain OBE

Commissioner (from September 2023)

Jackie Hall

Commissioner

Noreen Kent

Commissioner

Angela Parry

Commissioner

Gordon Pownall

Commissioner (from July 2023)

Alison Allam

Commissioner (completed term May 2023)

Si n Walker -McAllister

Commissioner (completed term May 2023)

Kathryn Chamberlain OBE was appointed in July but was unable to take up the appointment until September 2023. The Minister for the Environment appoints Commissioners in line with the arrangements set out in the Law.

48


Governance Framework

The Law states that the Commission is  Chief Inspector and Executive Team and those  independent of the Minister for Health  reserved for the Board. This ensures there are  and Social Services, The Chief Minister,  appropriate boundaries between operational  and the Government of Jersey. Although  decision-making and corporate governance.  

independent of the Government of  Good relationships between the Chair,  

Jersey, the Commission is funded by a  Chief Inspector and Commissioners are crucial  combination of public funds and fees  for the smooth functioning of the Commission.  levied on providers and professionals. The Chair and Chief Inspector meet weekly to  

maintain a close working relationship between  The Commission is accountable for its  the Board (the Commissioners) and the  performance and use of public money.  Executive Team (regulation officers and  

The Commission's Framework Agreement  administrative support staff) and to ensure  

and Constitution set out the arrangements to  effective oversight and delivery of the  

ensure the Commission is accountable. Commission's core functions.

The Cabinet Office is responsible for providing  The Governance Framework and Scheme of  adequate financial resources to the Commission.  Delegation ensure that policies and procedures  The Chief Officer for the Cabinet Office is the  are approved by the Board and brought back to  Accountable Officer and is accountable to the  the Board for regular review, in line with  Government of Jersey for the appropriate use  best practice.

of public funds allocated to the Commission.  Each year, the Commission approves an  

The Accountable Officer is appointed in  annual Business Plan and associated budget.  accordance with the Public Finances (Jersey)  This ensures a clear link between Government  Law 2019. The Accountable Officer is  policy on the regulation of health and social care  responsible for ensuring the Commission  and the strategic direction of the Commission. represents value for money.

The Commission receives regular reports on  The Accountable Officer delegates the  income and expenditure from the Treasury  

management of funds to the Chief Inspector in  and Exchequer department. It has established  accordance with the Department s Scheme of  an effective working relationship with the  Delegation and the Public Finances Manual.  Government of Jersey through quarterly  

The Board of Commissioners provides support  governance and liaison meetings with the  

to the Chief Inspector as well as scrutiny of  Cabinet Office. This is the forum in which  decisions and oversight of financial performance. discussions regarding fee income and financial  

The Constitution and Framework Agreement are  support take place.  

available on the Commission's Website and are  Each year, the Commission must publish an  reviewed regularly. They are due to be reviewed  Annual Report, which is laid before the States  again in 2024. Between them, they set out  Assembly. This provides a public account of  how the Commission discharges its functions  the Commission s overall performance  described in the Law and how it is governed. regarding its strategic objectives and key  

In addition, a Scheme of Delegation sets out the  performance indicators.

decisions the Commission has delegated to the  

49


Framework Agreement

The Corporate Governance Framework for the Commission is described in the Framework Agreement with the Government of Jersey. The agreement sets out:

the responsibilities of the Chief Minister and the Minister for Treasury and Resources in providing the necessary resources, services and support to the Commission to ensure its effective operation in accordance with the intentions of the Government

the Commission s responsibilities in demonstrating its accountability to the Government, and to the people of Jersey

the four key principles that underpin the partnership between the Commission and Cabinet Office. These principles mirror those of the UK Cabinet Office's Code of Good Practice relating to departments and arm s-length bodies: Purpose, Assurance, Value, and Engagement.

Government of Jersey s objectives

The Government of Jersey is committed to improving health and social care outcomes for people in Jersey. It seeks to ensure that:

people are provided with independent assurance about the quality, safety and effectiveness of Island services by the Commission

all providers deliver high standards of care, and where care is poor, this is readily identified so that services can be supported to improve or are subject to appropriate interventions. This is in relation to services directly delivered by the Government, as well as other registered providers

there is public confidence in the Commission that it is seen as effective, relevant and provides value for money.

The Framework Agreement sets out the current  accountability arrangements. The accountability  arrangements reflect the independence of the  Commission and the need for the Commission to  be accountable to the Minister. It also confirms  that the Accountable Officer is ultimately  accountable for the use of public funds and fees levied by the Commission.

50


Governance Responsibilities  of the Accountable Officer  and the Commission

The Accountable Officer is responsible for providing the Government with  assurance as to the performance of the Commission and for demonstrating  the linkage between Commission and departmental objectives.  The Commission supports the provision of this assurance.

The Accountable Officer provides the Government with assurance as to:

achievement of the objectives of the Government of Jersey in relation to the Commission

good governance and value for money.

The Commission prepares an annual Business  Where the Commission may require a deviation  Plan that reports on performance against the  from the requirements of the Manual, the decision  previous year s objectives and targets and sets  and rationale will be documented, and appropriate  out objectives, targets, and KPIs for the coming  approval obtained from the Accountable Officer. year. The Business Plan is discussed and agreed  

The Accountable Officer requires assurance from  with the Accountable Officer.  

the Commission regarding financial propriety  

The Accountable Officer is accountable for the  and regularity, that funds are being used  

public funds that flow from the Government to the  economically, efficiently and effectively, that there  Commission. The Accountable Officer delegates  is effective stewardship of any assets controlled or  management of these funds to the Chief Inspector  safeguarded, and that appropriate systems are in  in accordance with the Department's scheme  place to identify and manage risks.  

of delegation.

The Chief Inspector prepares an Annual  

The Chief Inspector ensures that the standard  Financial Assurance Statement, approved by the  of financial management complies with the  Commission, and included in the Annual Report  provisions of the Public Finances (Jersey) Law  and Accounts.

2019 and the Public Finances Manual.  

Appointment of Chair and Commissioners

The Minister for the Environment appoints Commissioners and the Chair of the  Commission and within the Law decides the duration of that person's appointment.

The current Chair was initially appointed for a three- The Law states that a term of appointment shall  year term from 01 May 2017 until 30 April 2020.  be at least three years and not more than five  The Chair was reappointed for a second three- years and that a person may be appointed more  year term, which expired on 30 April 2023. In the  than once. Changes to the Law to set a limit on  interests of consistency and stability, the Minister  the maximum duration a person may serve as a  extended this appointment for a further two years. Commissioner are currently under consideration.

51

 

Glenn Houston - The Chair

Lesley Bratch

52


   

Kathryn Chamber lain OBE

Jackie Hall

53

   

Noreen Kent

   

Angela Parry

54


   

Gordon Pownall

     

     

   

     

55

Functions and Duties of the Board of Commissioners

The key responsibilities required of the Board of Commissioners (the Board) are set out in the Constitution. These are to:

ensure that services are regulated and inspected in accordance with the law so that all care receivers and their families benefit from good quality services that meet their needs

oversee a regulatory regime which supports continuous improvement, as opposed to one which focuses purely on compliance monitoring

provide strategic direction, including setting and monitoring operational objectives for the Commission, taking into consideration the context and needs of the Island

set and maintain the values of the organisation and ensure that its obligations to all stakeholders, including people who use services, are understood and met

ensure that resources are allocated to strategic objectives

ensure governance arrangements for the Commission s executive function are effective and kept under review

ensure the highest levels of probity and integrity are upheld in the way the Commission carries out its functions

promote best practice across the sectors it oversees.

The Board discharges its functions by formally meeting as a Board, by participating in Board workshops and other events, and through the weekly meetings between the Chair and the Chief Inspector.

Frequency and  Nature of Board Meetings

The Constitution states that the Board must  meet a minimum of four times a year.  

The Commission has established a pattern of  meeting formally on six occasions each year.  

In addition to the formal Board meetings,  the Commission meets in workshop format,  delving more deeply into issues that are  

of significant value or importance to  

the Commission.

56


Corporate Governance Report

Attendance at Board Meetings

 

Glenn Houston (The Chair)

6 out of 6

Alison Allam

3 out of 3

Lesley Bratch

6 out of 6

Kathryn Chamberlain OBE

2 out of 2

Jackie Hall

6 out of 6

Noreen Kent

6 out of 6

Angela Parry

6 out of 6

Gordon Pownall

3 out of 3

Si n Walker -McAllister

3 out of 3

Board Meetings

Board meetings are scheduled in advance,  with Commissioners providing both support and  and the agenda and Board Papers are shared  appropriate challenge.  

with Commissioners one week before the  

A confidential session at each Board meeting  stated date of the meeting. Meetings are  

allows members to consider any sensitive  

open to the public and are advertised on the  

matters, including items considered under  Commission's website. Agendas and approved  

legal privilege, or anything confidential or of a  minutes are published on the Commission's  

commercially sensitive nature that cannot be  website along with papers specified in the  

shared openly.

Publication Schedule.

The Commission does not operate a committee  The standing agenda items include review of  

structure. There is no requirement to have an  minutes and actions of the previous meeting,  

Audit and Risk Committee or Remuneration  

a report from the Chair and an update from the  

Committee. The Board currently deals with  Chief Inspector on any significant operational  

matters that would come within the purview of  matters since the previous Board meeting.  

such committees. However, the Commission  This includes any enforcement action taken  

keeps its governance structure under review,  regarding regulated activities.

especially considering its increasing remit  Sufficient time is allocated to other important  and budget, and may decide in future that  matters, including financial reporting and risk  committees are required to support the  management. Minutes show the Commission  Board in discharging its statutory functions. has had detailed discussions on these issues,  

57


Work of the Board in 2023

The Board met, as planned, on six occasions throughout the year. Over the year, the Board's achievements include:

approved an inspection method and  working with the Policy Lead in respect of handbook for services new to regulation the changes to legislation, consultation, and the proposed regulation of acute

approved the workforce plan and recruitment  hospital services, the ambulance service plans to increase the workforce to take on  and adult mental health services

new areas of regulation

regular meetings between the Chair

reviewed the Risk Management Framework  and the Minister for the Environment

and introduced changes to manage risk

more effectively  discussions with senior executives of the

Isle of Man Government to discuss common

considered whether and how the  issues around regulation

Commission could assist health and social

care regulators in other jurisdictions  reviewed project updates concerning a range

of operational and transformational work,

considered the Commission s role and  ensuring progress was satisfactory and that response to the Assisted Dying proposals appropriate risk mitigation was in place

reviewed key policies such as the publication  approved the 2023 Annual Report and schedule, the Scheme of Delegation, the  2024 Business Plan and Budget Complaints Policies and the Enforcement

and Escalation Policy  ensured Commissioners played an

essential role in the sector engagement

reviewed the Commission s Business  event, chairing round table discussions Continuity Plans to ensure they were robust with representatives of regulated services

analysed the Strengths, Weaknesses,  at an event in the Town Hall Opportunities, and Threats facing the  undertaking visits to care settings in order

Commission and reviewed the governance  to engage directly with providers arrangements to ensure they were adequate,

especially considering the Commission's  approved a new Integrated Assurance expanding remit Framework as part of ever more robust

governance arrangements

invited to the Board or otherwise met with

the Minister for Health and Social Services,  approved new monthly dashboards to

the Minister for Children and Education,  improve in-year performance reporting. and the Government of Jersey Policy

lead for assisted dying

58


Corporate Governance Report

Effectiveness of the Board

One of the principal responsibilities of the Chair is to oversee the  Commission's effectiveness, especially the work of the Board.  The Chair conducts annual appraisals with each Commissioner  and reports the outcome to the Accountable Officer.  

The Accountable Officer appraises the performance of the Chair.

Commissioners evaluate Board effectiveness  (particularly bearing in mind the increased  using a structured survey as part of the annual  complexity of the Commission's work as it  appraisal process. Overall, Commissioners were  regulates new areas) these will happen more  positive about the conduct of business and the  often in 2024.

impact of the Board on key decisions.  

Commissioners felt the Board had the  

There is consensus that the Board broadly  

appropriate strategic focus and maintained the  has an appropriate combination of skills and  

correct balance of supporting and challenging  experience and works well. Commissioners  

operational delivery. Commissioners stated that  identified opportunities to expand the skill set  

in general the Board agendas cover the issues  of the Board, particularly in areas where the  

that need to be addressed.

Commission is expanding its remit.  

Commissioners who attended, greatly valued  Commissioners identified that the Board  

the engagement session with service providers  workshops allowed them to explore complex  

and the opportunity to visit providers to engage  matters in greater detail and, as a result  

directly with them.  

" The Chair conducts  annual appraisals with  each Commissioner and  reports the outcome to  the Accountable Officer."

59


Remuneration of Chair and Non-Executive Board Members

Commissioners, including the Chair, are not full-time employees. The Chair is contracted to work up to 40 days each year. In the case of Commissioners, while there is no set number of days, attendance and travel for all Board meetings and workshops, including remuneration for travel time, requires 12 days per year.

 

Name

Date Appointed

Remuneration

Expenses

 

Total Cost 2023

 

 

(bands of £5,000)

(Travel, accommodation, and subsistence)

 

(Remuneration + Expenses)

Glenn Houston  (The Chair)

1 May 2017

£20,000 - £25,000

<£5,000

 

£25,000 - £30,000

Alison Allam

10 May 2017 (until May 2023)

<£5,000

<£5,000

 

<£5,000

Lesley Bratch

1 October 2021

<£5,000

<£5,000

 

<£5,000

Kathryn Chamberlain OBE

1 July 2023

<£5,000

<£5,000

 

<£5,000

Jackie Hall

16 December 2020

<£5,000

<£5,000

 

£5,000 - £10,000

Noreen Kent

16 December 2020

<£5,000

<£5,000

 

£5,000 - £10,000

Angela Parry

16 December 2020

<£5,000

<£5,000

 

£5,000 - £10,000

Gordon Pownall

1 July 2023

<£5,000

<£5,000

 

<£5,000

Si n Walker - McAllister

10 May 2017 (until May 2023)

<£5,000

<£5,000

 

<£5,000

60


Corporate Governance Report

Register of Interests  

The Commission's Constitution requires that Board Members ensure that  no conflict of interest arises, or could reasonably be perceived to arise,  between their public duties and private interests.

To assist with discharging this requirement, the Commission maintains a Register of Interests for  Commissioners. This lists all outside interests, whether paid or unpaid, and whether held by a  Commissioner or a close family member.

Commissioners complete a fresh declaration of interest every year and must provide details of any  changes during the year. In addition, at the start of each Board meeting, the Chair asks if there are  any additional declarations or conflicts of interest that are relevant to the agenda.

The Register is maintained on the Commission s website. It can be found by searching for the  register of interests or at this link:

https://carecommission.je/wp-content/uploads/2024/04/Register-of-Board-Members-Interests-January-2024.pdf

Statement of Assurance

The Commission is taking on a more complex range of duties and responsibilities.  Regulation of health and social care has already been extended to cover aspects  of social work services for children and young people, such as fostering and  adoption, and Child and Adolescent Mental Health Services (CAMHS).  

It is expected that during 2024, key elements of healthcare, including acute hospital services,  ambulance services, and adult mental health services, will become regulated, with inspections  due to take place in 2025.  

The Commission needs to be ready and capable for the new inspection regime. Much of this  depends on the Commission expanding its direct workforce of skilled and experienced regulation  officers whilst forging strategic partnerships with UK regulatory authorities such as CQC and  appropriate use of experienced contractors, where necessary, to bolster the Commission's skills  and experience.

These developments form part of the regular discussion the Board holds about risk and assurance.  As the Commission's role expands, meeting the requirements becomes more complex. To manage  this, the Board approved a new assurance framework to ensure controls remain fit for purpose and  are regularly reviewed.  

As Chair, and informed by the processes described above, my assessment is that current controls,  including assurance, planning and risk management, are adequate to manage risks effectively.

61


Financial Assurance

The Commission relies on the timely and accurate financial reports drawn from the States of Jersey's financial systems. These systems are subject to review and scrutiny by the Cabinet Office and by the Treasury and Exchequer department. Since our inception, our accounts have been included in the audit of the whole of Government of Jersey accounts but not separately identified.

The Regulation of Care (Jersey) Law 2014 requires that the Commission include a statement of independently audited accounts in its Annual Report. This is the subject of ongoing discussion with the Accountable Officer. The information in the Finance section has been quality assured by the Treasury and Exchequer department and is accurate and complete.

As Chair of the Board of Commissioners, I am satisfied that appropriate financial controls are in place, value for money is being achieved, and public funds are being used for the purpose intended.

Internal Controls

As Chair, I am responsible for reviewing the effectiveness of the overall internal control system. I carry out my own assessment, research and enquiries. I am assisted by the Board, the Chief Inspector and staff employed by the Commission, as well as through quarterly review meetings with the Cabinet Office, especially about our finances, risks and propriety.

Based on my assessment, the support I received, and the information in this report, I am satisfied with the arrangements for governance, risk, assurance, and internal control.

Significant internal control weaknesses

Other than the discrepancy with the independent auditing of the accounts, there were no significant weaknesses in the Commission's internal controls in 2023 that affected the achievement of

our objectives.

The Corporate Governance Report has been signed on 19 April 2024.

Glenn Houston

Chair of the Board of Commissioners, Jersey Care Commission

19 April 2024

62


Staff Report

As part of the Framework Agreement, staff working for  the Commission are appointed to the Commission but are  employed by the States Employment Board (SEB).  

Commission staff are on SEB standard terms and  In 2023, there was a total of fifteen permanent  conditions for Civil Servants, including matters  members of staff. Two new regulation officers  relating to pension, pay and associated pay  were appointed in 2023 along with a Principal  increments, and flexible working policies.  Standards Officer to oversee the development  Staff are paid via standard Government of  of new standards and the review of existing  Jersey payroll arrangements. standards, and a Pharmacist Inspector.

Staff remuneration policy

Staff are paid in accordance with the Civil Service  the lower quartile pay and 1.4 times the median  pay scales. Pay scales range from Civil Service  pay. Views on established benchmarks for fair  Grade 6 to Civil Service Grade 15. The Chief  pay ratios vary. The Hutton Review of Fair Pay in  Inspector is a Grade 15, which in 2023 had a  the Public Sector 2010 declined to set a cap or  pay range from £96,657 to £106,770.  recommended any specific target ratio.  

Civil Service pay scales for 2023 can be  

However, the report stated that public sector  viewed on the Government of Jersey website.  

organisations should be transparent about pay  The total cost of staff in 2023 was £1,082,155.

differences. The same report found that typically  Using pay scales to consider fair pay ratios, the  most public sector organisations had a pay highest-paid staff member received 2.85 times  ratio from lead executive to lowest paid staff  

the pay of the lowest grade of staff, 2.5 times  of around 12:1.  

63

Gender Pay Gap

The Commission is a relatively small organisation.  As the Commission follows Civil

Its gender pay gap is calculated at 7% for the  Service policies, staff with similar roles Commission's staff. The small number of staff  and responsibilities receive equal pay.

can cause issues when compared with large

An analysis for the Board of Commissioners was scale analysis of gender and pay data.

also conducted following the 2023 changes to However, the average Jersey gender pay gap

the Board.There are only seven commissioners, is 12% according to the Earnings and Statistics

which makes the analysis sensitive to slight Gender Pay Gap Report published in February

differences, with the Chair being one of only 2024 by Statistics Jersey. The Government s

two male Commissioners. Other than the Chair, own Gender Pay Gap 2022 report published in

all Commissioners are remunerated at the December 2023 gives a 15% gender pay gap

same daily rate. The gender pay gap for the across the public sector in Jersey.

Commissioners is 44%.

Gender balance

Gender balance in the Commission tends to  As Commission staff are employed by the States favour female staff at all levels. Of seven  Employment Board (SEB), the Commission members of the Board of Commissioners,  follows all SEB policies, including those

five are female. As at the end of 2023, of the  concerning fair and open recruitment of staff. fifteen permanent staff members, thirteen  The Commission is committed to increasing the including those holding the two most senior  diversity of its staff. However, it is mindful that this positions are female.  can be difficult for small organisations to evidence.

64


Use of Contractors and Consultants  

Where it is considered that they offer expert knowledge and advice, the Commission aims to  effectively use contractors and consultants. Its guidelines for using consultancy and temporary  staff mirror those of the Government. This means that use of contingent labour is considered:  

where the Commission does not have the skills set required

where the requirement falls outside the core business of the Commission

where an external, independent perspective is required

where there are sound business reasons, for instance, where a contractor is the  most cost-effective and efficient way of getting temporary, skilled, or external input.

In 2023, the total cost of contractors was  Other significant use of contractors is for project  £174,232. These costs include contracted  delivery, communications, developing inspection  organisations as well as individual contractors.  methods and conducting inspections in areas new  For instance, the Picker Institute surveyed staff  to regulation. In each case, the additional support  and families that were using certain Children's  required was time-limited and required specialist  Services. This was considered an effective use  skills. Recruiting permanent staff to undertake the  of resources as the Picker Institute also conducts  work would not be cost-effective or practical.  similar work in the UK, allowing responses to be  

compared to established benchmarks.  

65

Staff Engagement

In 2022, the Commission undertook a Pulse Survey to establish staff engagement and seek feedback about the organisation. The exercise was repeated in 2023. However, the results of several arm's length bodies were combined in the 2023 survey, meaning a comparison with the 2022 results cannot be made. The Commission has requested its results be disaggregated for future surveys. The 2022 results placed the Commission in the top category.

The Commission has continued to build on this positive baseline to help it meet the challenges associated with regulating new areas of activity. Staff are actively engaged in the Business Planning process especially around delivering the new regulatory frameworks.

New staff have been recruited to help managed the expanded role, and in 2023 and into 2024, the Commission has continued to focus on developing its induction programme and sourcing training for regulation officers and other staff to ensure it has the required skills.

Employee Wellbeing

As an arm's-length body with staff employed by the SEB, the Commission benefits from the Government's wellbeing arrangements, including access to Occupational Health, the health surveillance offer, and the Employee Assistance Programme.

In addition, Commission staff undertake a variety of local initiatives to promote wellbeing among staff such as training staff to be mental health first aiders.

66


Sustainability Report

This is the Commission s third report covering Environmental, Sustainability, and Governance (ESG) issues. In 2019, the States Assembly declared a climate emergency and, in doing so, recognised that climate change could have profound effects in Jersey.

As a result, the Carbon Neutral Strategy was developed and was agreed by the States Assembly in February 2020. The Commission therefore considers the impact on the environment of its staff and their vehicles, the office accommodation and the services it delivers.

To manage its environmental performance and to reduce the impact on the environment caused by its day-to-day operations, the Commission mirrors the Government of Jersey s objectives, as set out in its annual report. Specifically, the Commission has committed to the following:

complying fully with the requirements of environmental legislation and approved codes of practice

reducing pollution, emissions and waste arising from our activities

reducing the use of all raw materials, energy and supplies

raising awareness among its staff of environmental matters

encouraging similar environmental standards from all regulated activities

participating in discussions about environmental issues.

67

 

Sustainability Report

 

 

 

 

Transport and

 

 

 

 

carbon emissions

 

 

 

 

The Commission does not own or lease any

 

 

 

 

vehicles. Staff members use their cars to

 

 

 

 

visit regulated activities for inspections and

 

 

 

 

associated work. In 2023, the team continued to

 

 

 

 

consider ways to reduce the number and length

 

 

 

 

of journeys undertaken by staff. This included

 

 

 

 

virtual meetings, combining visits to minimise

 

 

 

 

trips, vehicle sharing, and, where practical,

 

 

 

 

conducting visits on foot, using public transport,

 

 

 

 

and using bicycles. The location of the care settings we visit means these methods are not always practical.

The Commission did consider whether measuring progress on these issues was possible. However, the lack of baseline data and difficulties recording every visit meant this was not yet considered feasible.

The most significant impact in terms of carbon emissions arises from Board meetings. Six of the seven Commissioners live off Island.

The current restrictions on Commissioners previous employment, and the requirement

to ensure that Commissioners have the requisite skills, means this is unlikely to change significantly.

Two meetings a year are held virtually to reduce emissions, which has successfully reduced the Commission's carbon footprint. The Commission will continue with the blended approach, having a mix of in-person and virtual Board meetings.

The International Civil

Aviation Organisation (ICAO)

has developed a methodology to

calculate the carbon dioxide emissions

from air travel, enabling the CO2

emissions per passenger to be calculated online by searching for and using the:

ICAO Carbon Emissions Calculator (ICEC)

This was previously used to help determine this aspect of the Commission's carbon emissions. A comparison has been made with the previous years, including a pre-pandemic year.

Comparing 2023 to 2019, the most recent pre-pandemic year, both air kilometres covered by the Commission and emissions have increased. This is because of additional travel not undertaken in previous years to facilitate the recruitment of two new Commissioners, attendance on courses, other development

of staff such as shadowing CQC inspectors, and attendance at the EPSO conference.

Consumption Utilities

Currently, the Commission has not been able to determine an effective method for baselining consumption; this is something the Commission will continue to seek to address.

Consumption Paper and Resources

The Commission has continued to reduce its use of paper by printing as little as possible and promoting electronic production and sharing of documents. The Commission's Board no longer uses printed documents. In future, digital transformation initiatives will enable online completion of forms and reduce the need for applicants for registration to print and submit paper documents.

Recycling

The Commission increased the range of materials collected at its office for recycling to the full range of recycling available in Jersey.

 

 

2023

2022

2021

2020

2019

Other ESG Initiatives

 

29,418

 

22,864

14,646

7,614

 

 

 

CO2 (Kg)

3,962

 

3,477

1,967

943

3,228

The Commission is particularly aware of the human rights of care receivers and their families, especially its obligations under the United Nations Rights of the Child. In addition, towards the

 

 

 

 

end of 2023, the Commission focused on the need to raise awareness of Modern Slavery issues

 

 

 

 

Another ESG activity of note is that Commission staff support Every Child Our Future (ECOF),

 

 

 

 

an educational charity to further the chances of children in Jersey - staff volunteer to help

 

 

 

 

children through the Book Buddies programme.

 

68

 

 

 

69

Finance Report

Under the provisions of the Regulation of Care (Jersey) Law 2014, the Commission is required to:

  1. keep proper accounts and proper records  The Commission prepares an Annual Business about the accounts, and Plan and associated budget, setting objectives,
  2. prepare accounts for each financial year and  targets and KPIs for discussion and agreement

a report on its operations during the year. with the Board and Accountable Officer.

The Commission determines areas of

The arrangements governing the use of the  expenditure in accordance with its priorities Commission s financial resources are set out in  and commitments, as described in its

paragraphs 19-36 of the Framework Agreement  Annual Business Plan.

between the Jersey Care Commission and the

Government of Jersey. The Commission can only commit to any new

expenditure if it can be met from within available The accountability and assurance arrangements  funds or from an additional recurring or

in the Framework Agreement are intended to  non-recurring allocation approved by the

reflect the Code of Practice Principles and  Government of Jersey.

accord with the Government of Jersey's

Public Finances Manual. The Chief Inspector drafts an Annual Financial

Assurance Statement, which the Board approves Income forecasts and the expenditure budget  before submitting to the Accountable Officer.

are agreed at the beginning of each financial

year with the Accountable Officer, the Chief  The Government of Jersey provides a financial Officer of the Cabinet Office. The duties and  management service to the Commission, responsibilities of the Accountable Officer  including in relation to its core budget and concerning the Commission are set out in  fee income.

paragraphs 25-29 of the Framework Agreement.

70


Finance Report

Income Sources Expenditure and Support Services  

Income is received from two sources.  The main components of expenditure consist  Fees are derived from healthcare professionals,  of pay, including staff salaries and pension  regulated activities, individuals, and premises.  contributions, and non-pay, including  

The Commission also receives a budget  professional fees, rent, goods and services.  allocation from the Government of Jersey which  

Essential support services, including information  in part is intended to meet the costs of regulating  

technology (IT), payroll and legal services,  services provided by the Government.  

are provided directly to the Commission  

In 2022, the Government Plan was updated  

by the Government of Jersey at no cost.  

to reflect the increased budget allocation from  

This represents part of the Government of  

2023 to 2026 to enable the Commission to  

Jersey's contribution in kind to the overall  

take on its required expanded remit.  

operation of the Commission.

Fees include:

The Commission is required to complete an  

initial application for registration as a  Annual Financial Assurance Statement.  provider or a manager (Article 4  The Commission's accounts for 2023 are  Regulation of Care (Jersey) Law 2014) audited and published as part of the whole  

replacement of registration  of the States of Jersey accounts.  certificates (Article 8)

annual fee for continued  registration (Article 9)

variation of conditions of  registration (Article 17)

professional registration.  

 

Statement of Compr Net Expenditure

ehensive

2023 Budget  

£'000

2023 Actual  

£'000

2023 Variance  

£'000

2022 Actual

£'000

REVENUE

 

Earned through Operations

 

(364)

(371)

7

(400)

Total Revenue

 

(364)

(371)

7

(400)

 

 

 

 

EXPENDITURE

 

Staff Costs

 

1,344

1,082

262

770

Other Operating Expenses

 

615

546

69

235

Total Expenditure

 

1,959

1,628

331

1,005

 

 

Operating Net Revenue Expenditure /(Income)

 

1,595

1,257

338

605

* Income is shown as a negative number indicated by brackets ()

71


Finance Report

Performance against budget

The Commission s spend and budget have  The underspend on staff costs was because increased since 2022 when the Government  budgets for staff were set while scheduling for Plan 2023-2026 included additional money for  onboarding of staff was still being confirmed. the Commission to prepare for and implement  Onboarding of staff was planned to ensure staff inspection of services new to regulation.  were in post and fully trained at the right time to This included inspections of Children s Services  begin inspections of services new to regulation. in 2023 and will include preparation for  This also had some impact on administrative inspections of acute hospital services,  expenses which include Information Technology adult mental health services and the ambulance  provision for new staff. It was recognised early service during 2024 and 2025.  in 2023 that there would be underspends in

these areas and it was planned to use these The main 2023 budget variances were:

to offset some of the costs of the Digital

additional income from  Registration project.

fees of £6,982

The overspend on travel was due to travel

an underspend on staffing  which was not expected at the start of

costs of £261,844 the year. This was to facilitate the recruitment

an overspend on  of new Commissioners, travel to training and travel of £15,324 development such as attendance on courses

a slight overspend on conference  and shadowing UK based partners on

and course fees of £1,344 inspections such as the CQC, and attendance

an underspend on administrative  at the EPSO conference.

expenses of £18,167 A significant part of the underspend on

an underspend on professional  professional fees was because the budget fees of £73,463 includes an allocation of £50,000 to enable

an overspend on premises  the Commission to procure independent

and maintenance of £6,318. legal advice. This was not required in 2023.

Further information about how professional fees are used is provided in the Staff Report

on page 65 in the section on the use of contractors and consultants.

" Onboarding of staff was planned to ensure staff were in post and fully trained at the right time to begin inspections of services new to regulation."

72


Appendix - Registrations by type (Professionals and Services)

Registrations by type (Professionals and Services)

Health Professionals 2021 2022 2023 Ambulance Paramedic 47 67 64 Art Therapist 3 3 5 Biomedical Scientist  145 62 64 Chiropodist 17 13 13 Chiropractor 31 29 27 Clinical Scientist 3 1 1 Clinical Psychologist 19 36 38 Dietitian 7 13 15 Midwife 125 86 92 Midwife Prescribing Practitioner 1 0 0 Nurse 1811 1337 1372 Nurse Independent Prescriber 22 40 39 Occupational Therapist 55 55 52 Operating Department Practitioner 85 42 48 Orthoptist 4 7 5 Osteopath 6 10 9 Paramedic Independent Prescriber 0 1 4 Physiotherapist 110 124 115 Podiatrist 14 17 17 Psychotherapist 13 31 29 Radiographer 113 71 66 Social Worker 417 211 202 Specialist Community Public Health Nurse 46 40 35 Speech and Language Therapist 22 33 29 Totals 3,116 2,329 2,341

73


 

Appendix - Registrations by type (Professionals and Services)

Appendix - Registrations by type (Professionals and Services)

 

 

 

Dental Professionals

2021

2022

2023

Children s Social Care Services

2021**

2022**

2023

 

 

 

Clinical Dental Technician

1

2

1

 

 

Adoption

-

-

1

 

 

 

 

Dental Hygienist

11

17

14

 

 

Fostering

-

-

1

 

 

 

 

Dental Nurse

26

68

62

 

 

Children s Home Service

-

-

11

 

 

 

 

Dental Technician

4

4

4

 

 

Care in Special Schools

-

-

1

 

 

 

 

Dental Therapist

3

6

6

 

 

Children and Family Community Service

-

-

2

 

 

 

 

Orthodontic Therapist

0

3

3

 

 

Social Work Service for Children and Young People

-

-

2

 

 

 

 

Totals

45

100

90

 

 

Independent Monitoring and Review Service

-

-

1

 

 

 

 

 

Child Contact Centre

-

-

1

 

 

 

Medical Practitioners

2021

2022

2023

 

Children and Young People Mental Health Service

-

-

1

 

 

 

 

 

 

Residential Family Centres

-

-

0

 

 

Responsible Officer

0

1

2

 

 

 

 

 

 

 

 

 

 

States Employee

88

188

246

 

 

Totals

-

-

21

 

 

 

 

Performer

63

105

157

 

 

 

 

 

 

 

**Note 2 Other than Children s Home Services which were previously registered as Care Services, other Children s Social Care Services were not registered before 2023.

 

 

Independent Practitioner

8

14

25

 

 

 

 

 

 

UK Connected Practitioner

302

618

698

 

 

 

 

 

 

Totals

461

926

1,128

 

 

Laser Services & Yellow Fever Centres

2021

2022

2023

 

 

 

 

 

Laser Services

8

10

10

 

 

 

 

Care Services

2021

2022

2023

 

 

Yellow Fever Centres

9

9

9

 

 

 

 

 

 

Totals

17

19

19

 

 

 

 

Children s Homes

7

7

*See Note 1

 

 

Totals

17

19

19

 

 

 

 

Care Home

55

57

46

 

 

 

 

 

 

Daycare

5

5

5

 

 

Piercing & Tattooing (P&T)

2021

2022

2023

 

 

 

 

Home Care

34

37

36

 

 

 

 

P&T Practitioners

83

87

78

 

 

 

 

Individual Care Worker

27

23

34

 

 

 

 

P&T Premises

53

67

60

 

 

 

 

Totals

128

129

121

 

 

Totals

136

154

138

 

 

 

*Note 1 There was an amendment to the regulations for 2023.

 

 

 

 

From 2023 Children's Homes are included in registrations now recorded as Children's Social Care Services.

 

 

 

74

 

 

 

75