Role of the Jersey Care Commission

1. Role

The Jersey Care Commission ('the Commission') regulates and inspects services including care homes, home care services (including registered individual carers), and day care services for adults. The Commission is also responsible for maintaining a register of health and care professionals and tattooing and piercing practitioners and their premises in Jersey.

The Commission is responsible for providing the people of Jersey with independent assurance about the quality, safety and effectiveness of health and social care services. The Commission promotes and supports best practice in the delivery of health and social care by setting high standards and in challenging poor performance. The Commission has a responsibility to respond effectively and appropriately on occasions where there are concerns relating to the safety and welfare of people who use a regulated service.

One of the functions of the Care Commission is to carry out inspections of regulated activities such as care homes, adult day care services and home care services as specified in the Regulation of Care (Standards and Requirements) (Jersey) Regulations 2018. Regulation provides assurance that care receivers are receiving services that meet the requirements of standards which are underpinned by regulations.

2. Responsibilities

When the Commission receives information that could indicate safeguarding concerns, that information will be brought to the attention of one of the Regulation Officers or a Senior Member of the team. On review of the information, if there appears to be a safeguarding adult concern, the Commission must share this information with HCS Safeguarding Adults Team (SAT). If there is an indication of potential criminal activity, a referral must also be made immediately to the States of Jersey Police.

The Commission must always be made aware of any safeguarding adult concern within a regulated service. If the concern is reported to the SAT they must notify the Commission in order for information sharing purposes and background checking. In addition, the Registered Manager of a regulated service has a duty (under the Regulation of Care Law) to notify the Commission of all safeguarding concerns raised by or about that service.

When a referral or concern is received relating to a regulated service there should be an initial discussion between the SAT and the registered manager (or registered provider) of the regulated service and this will be an opportunity to:

• Initially assess current and on-going risks;
• Consider the well-being of the Adult at Risk and other service users;
• Consider the risks to the wider public;
• Contribute to and agree a safeguarding Risk Management plan (if required);
• Address any immediate action required to reduce risk.

Following the initial discussion with the registered manager, the Commission should then be informed about the concerns, to establish if there are any current regulatory actions or concerns. The Commission will consider if it has a further role to play in any ensuing safeguarding adult intervention, or meeting.

The outcome of any adult safeguarding assessment, enquiry or investigation carried out by any multi-agency partner must be shared with the Commission when it relates to a regulated service. This is particularly important since evidence gathered may also be used to support any of the Commission's enforcement or regulatory action. Copies of minutes of safeguarding adult meetings and discussions relating to a regulated service are to be shared with the Commission, whether they have attended or not.

Where the allegation suggests breaches of regulation and standards, the Commission may investigate or initiate an unscheduled inspection, in which case they will inform the SAT of their findings. This activity may take place in addition to investigations being undertaken by another organisation.

The decision on whether the Commission inspects, investigates or considers any other action, rests solely with the Commission. The Commission will share this decision with the SAT in timely manner. In circumstances where a formal allegation is substantiated and indicates a breach of regulation or care standards, the Commission will consider whether any further regulatory activity is required and will inform the SAT of their decision. In circumstances that relate to organisational or institutional abuse within a regulated service, the Commission will attend any formal planning meetings.
Website: https://carecommission.je/