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WQ.80/2025
WRITTEN QUESTION TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES
BY DEPUTY M.B. ANDREWS OF ST HELIER NORTH
QUESTION SUBMITTED ON MONDAY 3rd MARCH 2025
ANSWER TO BE TABLED ON MONDAY 10th MARCH 2025
Question
"Further to the adoption of Assisted Dying' (P.18/2024), will the Minister –
- state what legislation and policies are currently in place for adult safeguarding;
- advise whether, in his assessment, these existing protections are sufficient for the safeguarding of vulnerable adults; and
- advise whether any consideration has been given, or is being given, to the introduction of adult safeguarding legislation and, if not, why not?"
Answer
- There are a number of Laws currently enacted that contain provisions that safeguard adults, these include the: Capacity and Self-Determination (Jersey) Law 2016, Mental Health (Jersey) Law 2016, Human Rights (Jersey) Law 2000 and the Data Protection (Jersey) Law 2018 and the Domestic Abuse (Jersey) Law 2022 as well as a range of customary law offences that could result in the prosecution of actions that would be directly contrary to the safeguarding of adults.
There are also multiple, well established, published policies and procedures in place that facilitate the safeguarding of adults. These are not limited to: Health and Care Jersey – Safeguarding Children, Young People and Adults at Risk Policy, Safeguarding Partnership Board – Adult Safeguarding Policy, Adult Safeguarding Procedures, Self Neglect Policy, Information Sharing Protocols in respect of Safeguarding Cases and Serious Case Review Procedures. Furthermore, the States of Jersey Police actively provide intelligence in the form of Adult Protection Notices to the Single Point of Referral (SPOR) that are followed up and investigated in line with the published policies.
- There is a strong policy basis that underpins the safeguarding of adults in Jersey with a culture of multi-disciplinary cooperation among all services involved. Providing for statutory duties in relation to adult safeguarding matters would, however, further strengthen protections for the safeguarding of vulnerable adults in Jersey.
- Recognising the requirement for strengthened protections the Council of Minister has prioritised, in its 2025 legislation programme, the development of Adult Emergency Protection Orders which are largely akin to Emergency Protection Orders for Children. This legislation will also place a number of statutory duties on services, in respect of safeguarding matters, these include: a duty to cooperate, a duty to carry out enquiries, a duty to share information and a duty to report safeguarding concerns. The policy work to develop these legislative provisions is active and ongoing. Post-implementation of Emergency Protection Orders, further consideration will be given to the requirement to introduce other legislative provisions, for example, requiring needs assessments for potentially vulnerable adults
In addition to all of the above, the Assisted Dying Law, will bring forward specific measures to protect any potentially vulnerable adults who may request an assisted death. The details of these safeguards are set out in (P.18/2024) and are further expanded on in the published assisted dying law drafting instructions.