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STATES OF JERSEY
INCOME SUPPORT MEDICAL APPEAL TRIBUNAL: REAPPOINTMENT OF MEMBERS
Lodged au Greffe on 13th February 2025 by the Minister for Social Security Earliest date for debate: 18th March 2025
STATES GREFFE
2025 P.13
PROPOSITION
THE STATES are asked to decide whether they are of opinion
to appoint, in accordance with under Article 15 of the Income Support (General Provisions) (Jersey) Order 2008 and further to a process overseen by the Jersey Appointments Commission, the following persons as lay members of the Income Support Medical Appeal Tribunal for a 4-year period –
Mr. Robert Douglas Ms. June Summers-Shaw
MINISTER FOR SOCIAL SECURITY
REPORT
- Background
Article 15 of the Income Support (General Provisions) (Jersey) Order 2008 provides for the composition of the Income Support Medical Appeal Tribunal ("ISMAT") and the terms of appointment of its members.
The ISMAT hears appeals on the award of the Impairment Component under the Income Support system and any other decisions made on medical grounds. It may also hear appeals regarding care requirements for Home Carer's Allowance and the care assessments for Long-Term Care. The Tribunal will review all facts placed before it by the Appellant and the Minister for Social Security and may confirm, reverse or vary the decision made by Determining Officers.
The ISMAT consists of a Chair (or a Deputy Chair) holding a qualification in law, a medical practitioner and a lay member.
Medical practitioners appointed to the ISMAT must be currently licensed to practice medicine with the UK's General Medical Council. The role of the medical practitioner is to help the Tribunal interpret and understand specific clinical information and its relevance or not in the determination.
The lay member must have experience either through their work, from having cared for someone, or because of their own situation, of the needs of someone with a disability. Panel members use this experience to interpret the information provided and consider whether a reasonable assessment has been made.
This report recommends the reappointment of 2 lay members.
- Tribunals
The Minister is responsible for the constitution of 3 different Tribunal Panels, the Social Security Medical Appeal Tribunal ("SSMAT"), the Social Security Tribunal ("SST") and the Income Support Medical Appeal Tribunal ("ISMAT"). Where appropriate, Panel members are appointed to other Tribunals, ensuring a stronger pool available for each Tribunal.
- Terms of appointment
The Income Support (General Provisions) (Jersey) Order 2008 provides that members of the Tribunal are appointed by the States on the recommendation of the Minister, after consultation with the Jersey Appointments Commission.
The Minister therefore recommends the re-appointment of Mr. Robert Douglas and Ms. June Summers-Shaw as lay members for a further term of 4 years. Both appointments comply with the Appointment Commission's guidance to provide for a maximum period of 9 years served.
The Minister is confident that both individuals have the skills necessary to uphold the fairness and integrity of the tribunal system.
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P.13/2025
- Lay members proposed for re-appointment
Mr. Robert Douglas was previously a Director of a leading Trust Company, where he was mainly employed as a Trustee, a position he held for approximately 12 years. Prior to that, Mr. Douglas worked in law, banking and finance in Jersey since 1988, including undertaking a 5 year period as a Greffier Substitute with the Royal Court. In addition, Mr. Douglas is one of the founders of the Jersey Marathon, and he continues to serve as a Trustee.
Mr. Douglas has been a lay member of the Income Support Medical Appeal Tribunal since 2020.
Ms. June Summers-Shaw is a qualified and experienced lecturer and employment law adviser working in the public and private sectors. As a lecturer she worked within the area of Special Educational Needs.
In 2001 she established, with a colleague, the Jersey Advisory and Conciliation Service ("JACS"), and as a result is an experienced mediator.
Ms. Summers-Shaw was for many years an Assessor/ Verifier for management qualifications for the States of Jersey, sat on the Health and Safety Committee within the Social Security Department, and was the representative for the Education Department on the Human Rights Advisory Panel.
As a former foster-carer, she sat from 2012 until 2016 as a member of, and then the Chair of, the Fostering Panel, also sitting occasionally on the Adoption Panel.
Ms. Summers-Shaw has been a lay member of the Income Support Medical Appeal Tribunal since 2020.
Financial and staffing implications
There are not additional financial or staffing implications for Government as a result of this proposition.
Children's Rights Impact Assessment
A Children's Rights Impact Assessment (CRIA) screener has been prepared in relation to this proposition and is available to read on the States Assembly website.