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Health and Social Security - Approved Panel Minutes - 21 March 2018

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Health and Social Security Scrutiny Panel

Record of Meeting

Date: 21st March 2018

 

Present

Deputy R. Renouf , Chairman

Deputy G. Southern , Vice-Chairman [Item 2] Deputy J. Hilton

Deputy T. McDonald

Senator S. Ferguson

Apologies

 

Absent

 

In attendance

Senator A. Green, Minister for Health and Social Services [Item 2]

Mr I. Dyer, Head of Policy and Quality Improvement, Health Department [Item 2]

Mr F. Le Gros, Legal Adviser, Law Officers' Department [Item 2]

Mr T. Leveridge, Scrutiny Officer

 

Ref Back

Agenda matter

Action

15/03/18 Item 4

1. Organ Donation

The Panel discussed a draft of its report including draft key findings and recommendations. The Panel agreed to agree a final draft of its report by email on Monday 26th March. It agreed to publish its report on Tuesday 27th March.

 

20/02/18 Item 1

2. Mental Health Regulations

The Panel met with the Minister for Health and Social Services and his officials.

The meeting was held following concerns raised by the Independent Advocacy Jersey (IAJ) – a part of MIND Jersey - about the ability of independent mental health advocates ("MHAs") to act in relation to and on behalf of qualifying patients.

The Head of Policy and Quality Improvement explained what consultation the Department had undertaken on the draft Law and the subsequent Regulations. He explained that the Department had held a "dialogue day" in  2014  at  which  IAJ  were  present.  The  Department  conducted  a consultation  on  the  draft  Law  in  2015.  Following  this,  a  report summarising the consultation responses was published.  The Official reported that the Department had been in dialogue with MIND Jersey throughout the consultation period.

During the consultation period, discussions were had about whether statutory advocacy should be provided to  voluntary or  non-detained patients. The Department decided that this was not necessary as other safeguards would be built in for these patients. In the Law, qualifying patients were, therefore, defined as a patient liable to be detained in an

 

 

 

approved establishment and a patient subject to guardianship. This would not include voluntary patients.

The safeguards for voluntary patients included the provision of a "nearest person" who could represent the patient. This could be anyone from a family member to an advocate.

The Official explained that voluntary patients would not have access to a statutory advocate because the patient could leave the establishment if they chose to do so.

The Official said that a review group had been set up to review the Law and the Regulations and suggest amendments to the Minister should they be required.

Following the meeting the Panel requested a meeting with MIND Jersey.

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