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Letter - Minister for Infrastructure to HSS Scrutiny Panel re Mental Health Estate - 16 March 2022

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19-21 Broad Street | St Helier Jersey | JE2 4WE

Deputy Mary Le Hegarat

Chair

Health and Social Security Scrutiny Panel

16th March 2022 Dear Chair,

Mental Health Services Estate

  1. Is Jersey Property Holdings (JPH) the Corporate Landlord for the Mental Health Services estate (including Rosedale House, Clinique Pinel, Orchard House and La Chasse)?

Minister's response

The Island Public Estate Strategy 2021-35, specifically, 4.0 Developing a Corporate Landlord Model' explains the Government's commitment to adopting a Corporate Landlord model for all Government Owned property. This would include Rosedale House, Clinique Pinel, Orchard House and La Chasse.

a)  Please can you outline the framework for the management of these property assets with HCS?

Minister's response

The strategic framework is set out in the Island Public Estate Strategy 2021-35, Section 6.0 Delivering the Strategy'.

  1. Does IHE or JPH have any involvement with the property and engineering maintenance of the sites occupied by Mental Health Services, particularly, Rosedale House, Clinique Pinel, Orchard House and La Chasse?

Minister's response

JPH in its capacity as the corporate landlord has oversight for the maintenance of sites occupied and administered by the Health and Social Services Department.

a)  If so, please could you outline the process for any maintenance requests? Minister's response

The Island Public Estate Strategy 2021-35 sets out in section 1.6 the Maintenance provision and future direction'.

Building works at Clinique Pinel

  1. Please can you provide us with a timeline of the building works undertaken at Clinique Pinel since 2018?

Minister's response

A HCS paper entitled Orchard House Relocation (dated 12th May 2016) which sought to relocate the operational assessment and treatment activities undertaken at Orchard House to Clinique Pinel, was endorsed by the Health and Social Services Corporate Management Executive.

A subsequent Feasibility Study was undertaken by JPH in conjunction with HCS in 2017.

The outcome of the 2017' feasibility study was to extend and modify Clinique Pinel to create a single ageless' acute mental health facility.

At that juncture, it was proposed to keep the existing Beech Ward (Dementia Assessment Unit) within the same building (i.e. within Clinique Pinel).

In 2018, £2,000,000.00 of existing HCS Capital Funding was re-allocated to progress these works.

A review in early 2018 with the new HCS leadership (pertaining to mental health) resulted in significant changes to the scheme. These alterations reflected proposed changes to HCS's service delivery model (and expectations) for supporting functional illness moving forward. The main change was to relocate Beech Ward to Rosewood House.

At about the same time the Health and Safety Inspectorate (HSI) issued a formal Improvement Notice (ref: IN/TF/VA/04/18/03 dated April 2018) to make essential improvements to Orchard House.

A further updated feasibility study was agreed in February 2019. This was subsequently updated in July 2019 to include a Place of Safety.

The current / agreed scheme now seeks to provide a dedicated Acute Mental health Facility within Clinique Pinel that includes 26 en-suite (anti-ligature) bedrooms and a place of safety on the ground floor and eight overspill' bedrooms and a tribunal suite / training facility on the first floor.

As noted above, to facilitate these works Beech Ward (located in Clinique Pinel) required relocation to Rosewood House. This necessitated two small extensions and some internal alteration work to Rosewood House.

In the interim, and to address the urgency of the HSI Inspectorate's Improvement Notice a schedule of essential upgrade and refurbishment works were undertaking to the existing Orchard House. These works commenced in October 2019. The works were suspended due to lockdown and were completed by the end of 2020.

Works commenced on Clinique Pinel / Rosewood House on 21.09.20, with a completion date of 31.01.22.

  1. Please can you provide the Panel with details about the successful tender process for building worksat Clinique Pinel and a copy of the building contract (where necessary, on a confidential basis)?

Minister's response

The issuing of the HSI Enforcement Notice and the need for significant design changes prolonged the design and development process for this project. Further, owing to the urgency (both political and operationally) to get these new facilities ready for use, it was proposed to negotiate this tender with a single source supplier.

The procurement strategy was agreed and indorsed by the Director General/Group Director of IHE and HCS respectively.

The preferred contractor was AC Mauger Construction Limited,

AC Mauger Construction Limited are a local contractor who have undertaken many projects for the Government of Jersey and have a good track record.

At that juncture, the contractor were undertaking the refurbishment / redevelopment of St Ewolds Nursing Home for the Parish of St Helier. That project was openly tendered and won by the contractor. The contract had similarities to the type of works being proposed at Clinique Pinel/Rosewood House.

Accordingly, the proposed procurement approach was to negotiate the contract with the contractor on the basis of the above mentioned project/tendered rates (plus agreed inflationary increases).

A local Chartered Quantity Surveyor was appointed as cost managers for this project and have independently led on the negotiations.

  1. Please can you confirm what oversight the Government has of the building worksat Clinique Pinel?

Minister's response

A Quarterly P70 Project Management Group has been established which includes representative from HCS and Treasury, however, this Group hasn't met recently and needs to be reconvened and updated as soon as possible.

Site Meetings are held monthly and include representatives from the Design Team, Contractor and HCS (Lead Nurse). Informal technical meetings with the contractor take place 2 weeks after each site meeting,

Weekly catch ups' are informal meetings between the Architect, Contractor and Lead Nurse to discuss the works in the week ahead and to plan for noisy / disruptive activities.

  1. Who has political oversight? b. Where is the responsibility for executive oversight and management?

Minister's response

The Minister for Infrastructure

  1. Where is the responsibility for executive oversight and management? Minister's response

The Director for Property (JPH).

  1. We understand that there have been a number of delays to the building workat Clinique Pinel and handover from the contractor will not take place until September 2022. Please can you outline the reasons that have been given for the delay?

Minister's response

Since the works commenced two extensions of time has been granted due to exceptionally inclement weather, the need to relocate a JEC main, additional works (i.e. additional work instructed to remedy a legacy issues' relating to the existing building/structure (i.e. firestopping) and additional/essential upgrade works to address safeguarding issues that were only identified once the existing building was vacated (anti-ligature improvements), and the late receipt of an asbestos survey.

The contract completion date has therefore been extended to the 25.05.22.

On the 04.10.21 the contractor tabled a revised target completion programme (for discussion purposes) showing a completion date of 19.09.22. This is some 17 weeks behind above-mentioned contract completion date of 25.05.22.

JPH have independently had site progress assessed against the contractor's latest programme. Progress appears to be slipping

The contractor have been asked to review and updated their programme. This is awaited.

Under the contract the contractor are required to use his best endeavours to complete on time.

The current contract completion date has not been reached and it is hoped that additional resources will be provided to catch up.

  1. Are there any clauses in the building contract to address delays? Minister's response

The form of contract between the contractor and the Minister for IHE, is the JCT 2011 (Joint Council Tribunal) Standard Form of Building Contract With Quantities - 2011 Edition with local amendment, which is the Government of Jersey's standard form of contract for traditional construction projects.

The contract includes clauses that (i) permit the contract period to be extended (for permissible events), and (ii) for damages to be applied for non-completion.

  1. How was the delay communicated? Minister's response

The Lead Nurse attends the monthly site meetings and weekly updates dates and is aware of these revised completion dates.

The HCS Estate Manager receives a copy of the site meeting minutes.

  1. Construction work at Clinique Pinel has been undertaken whilst the site is still being used for clinical purposes. Please can you outline what consideration and mitigating measures have been put in place to accommodate that?

Minister's response

Cedar Ward is located on the first floor of Cedar Ward and provides operational beds for adult functional assessment. Such a provision is not available in the private sector and therefore has necessitated the Ward to remain operational throughout the works.

As such the works have been phased with planned access and escape routes. A Fire Consultant has been appointed who advises and monitors this aspect of the project. Protocols have been prepared and issued to both the contractor and the Ward .

The initial phasing has changed since the project started; however, the Lead Nurse has been made aware of this.

i)  How is it being managed on site by the contractor? Minister's response

The phasing requirement were included in the tender documentation. The Fire Consultant also attends the Site Meetings and monitors/inspects.

  1. What discussions have taken place between IHE / JPH and HCS in relation to the level of priority and importance of the building worksat Clinique Pinel?

Minister's response

As noted at item 3 above the current scope of work was based on an agreed feasibility study.

The scope of work has increased since the project begun. This relates to additional work instructed to remedy a legacy issues' relating to the existing building/structure (i.e. firestopping) and additional/essential upgrade works to address safeguarding issues that were only identified once the existing building was vacated (anti-ligature improvements).

i)  Has this project been considered as a priority? Minister's response

Yes, as noted above these works have been contracted and are under construction.

Other refurbishment works

  1. Please can you provide the Panel with an update relating to the refurbishment being undertaken at Sandybrook Nursing Home?

Minister's response

Two-bathroom areas located on the ground and first floor, as instructed by the Jersey Care Commission, will be refurbished by the end of the Q3 2022.

Thank you for your patience awaiting my response and I look forward to meeting with the panel on Monday 28th March.

Yours sincerely

Deputy Kevin Lewis Minister for Infrastructure

D +44 (0)1534 448394 E k.lewis@gov.je