Scrutiny publishes its findings on the Regulation of Jersey’s hospital and ambulance services
Scrutiny
7 November 2025
A Scrutiny Sub-Panel Review into the Draft Regulation of Care (Jersey) Amendment Law 202-. has found that while there is a need for the regulation of Jersey's hospital and ambulance services, there are some inconsistencies in the regulation of clinic services provided in the community. The Sub-Panel has also highlighted the importance of transitional arrangements and the need for sufficient ongoing resources and training to be in place to ensure the effectiveness of the proposals.The proposed changes will see the independent regulation of Jersey’s hospital and ambulance services, including mental health by the Jersey Care Commission (JCC). Following a Public Hearing, the Sub-Panel found that while the JCC feels well prepared and resourced to undertake its expanded remit, there could be a significant rise in the number of complaints it receives following approval of the proposed changes, and therefore ensuring a clear complaints policy and effective public communications plan going forward will be essential.
The rationale for including the hospital, ambulance service, hyperbaric oxygen providers and laser clinics in this phase of regulation is clear, however, there are inconsistencies regarding the regulation of other clinic services provided in the community; in particular community dental services and the prescribing of medicinal cannabis which will not be regulated if they take place outside of the hospital. Therefore, a timeframe needs to be produced which details when these will be regulated.
The Sub-Panel also sought to address public concerns about changes to the duty of candour, which requires health and social care providers to be open and transparent with individuals receiving care, notifying them of unintended or unexpected serious incidents affecting their health and wellbeing. In particular, the clause that states that any apology issued under duty of candour, cannot be used as evidence of liability in legal proceedings.
Following the Public Hearings with the Minister for Health and the Environment Minister, the Sub-Panel understands that the proposed duty of candour will likely produce more evidence for a potential claimant to refer to, however, submissions to the Sub-Panel highlighted the importance of creating a culture that permits staff to fully engage with the duty of candour process.
Chair, Deputy Tom Coles said: ‘Whilst we can see that this is clearly a positive step towards public safety in regulating these health care services, and that a great deal of effort has gone into preparing and consulting for the change, we caution about the need for continued training and engagement with staff as well as clear communications as to the nature of the JCC’s role, to the public. It is also absolutely essential that we have a timeframe in place for the regulation of other health service providers, such as community medicinal cannabis prescribing and dentistry which will not be regulated under the current proposals.”
SUB-PANEL RECOMMENDATONS
Recommendation 1: The Minister for the Environment should continue to engage with key stakeholders, to ensure awareness about the changes proposed under the Draft Regulation of Care (Jersey) Amendment Law 202-, and that the detail of this is communicated publicly.
Recommendation 2: The Minister for the Environment should produce a timeframe for the regulation of other clinic-based healthcare services, including the provision of medicinal cannabis, the regulation of community-based care services and community-based medical and dental services and complete the regulation of adult social care, prior to the end of the current term of Government.
Recommendation 3: The Minister for Health and Social Services should review the provision of duty of candour training, to ensure Health and Community Services Department staff are prepared for the formal implementation of the duty of candour requirement under the Draft Regulation of Care (Jersey) Amendment Law 202-, by 30th June 2026.
The Sub-Panel of the Environment, Housing and Infrastructure Scrutiny Panel held Public Hearings with the Jersey Care Commission, the Minister for the Environment, and the Minister for Health and Social Services.
The Review also received submissions from the British Medical Association, the Royal College of Physicians, Professor Hugo Mascie-Taylor who previously undertook expert clinical reviews of health and care services in Jersey, and various providers of services in Jersey, which will fall under the new JCC regulation.
Further information about the Review can be found on our website.
