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'Capacity Law' - Supplementary Policy Matters and Potential Financial Implications arising from the Appeals Process

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The Committee for Health & Social Care - P.2020/10

pdf icon P&RC Letter of Comment [727kb]

The States are asked to decide:-

Whether, after consideration of the Policy Letter entitled ''Capacity Law' - Supplementary Policy matters and potential financial implications arising from the appeals process', dated 20th January, 2020 they are of the opinion:-

1. To agree the supplementary matters of policy as described in section 3 of this Policy Letter and direct that the Projet de Loi entitled "The Capacity (Bailiwick of Guernsey) Law, 2020" is drafted accordingly.

2. To agree that legal representation at Mental Health and Capacity Review Tribunal hearings (primarily in relation to protective authorisations) is to be provided under the Legal Aid Scheme generally on a 'no means, no merits test'basis; whilst reserving the right for the Legal Aid Administrator to exceptionally apply a 'means test'to an application, where reasonable and in conformity with human rights obligations.

3. To agree that legal representation for appeals from a Mental Health and Capacity Review Tribunal to the Royal Court or Court of Appeal may be provided under the Legal Aid Scheme on a 'means and merit test'basis.

4. To note that, upon enactment of "The Capacity (Bailiwick of Guernsey) Law, 2020", there are anticipated to be additional ongoing funding requirements of:

i. £25,000 per annum for the Guernsey Legal Aid Service; and

ii. £75,000 per annum for the future Mental Health and Capacity Review Tribunal

and that requests for additional budget will be submitted as part of the annual budget process.

5. To direct the Committee for Health & Social Care to report back to the States with proposals for the introduction of an advocacy service.

The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.

 

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'Capacity Law' - Supplementary Policy Matters and Potential Financial Implications arising from the Appeals Process

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