By Susana Rowles
IN a complex health and social care landscape, the need for robust regulation is more critical than ever. This was the message I got from an event I attended earlier this month organised by the Jersey Care Commission.
The session was called “Regulation in Jersey – do we get the balance right?” and I was pleased to hear talk of transparency, collaboration and proportionality.
I have written in the past about the lines that I think should be drawn between what is and isn’t up to the government to do. I have tried to articulate before that I think we have to be careful about “governmental scope creep” – where governments get involved with things they should stay clear of, and also about what I call “public expectation creep”, where the public think government has a role to play in everything.
In a week where another regulator, who was also represented at the event, has come under severe criticism, I think it’s important to avoid falling into the trap of believing that minimal regulation is inherently better for Islanders.
Particularly in the realm of health and social care, robust and thoughtful regulation is not a hindrance, it’s a necessity.
We need this protective barrier that ensures vulnerable individuals receive safe, high-quality care, and ensures that providers are held to the highest standards.
Our requirements in terms of health and social services are only ever going to increase, so it’s particularly important, from a public confidence point of view, that we have appropriate and effective regulation in place.
Regulation should be about creating a structured environment where best practice can flourish, risks are mitigated and standards are upheld. Embracing regulation is essential for maintaining public trust and upholding the integrity of the health and social care system.
Regulation is not just “red tape”. The Jersey Care Commission’s work is not about bureaucratic obstruction. It’s about protecting service users, often when they are at their most vulnerable, and working with care providers to enhance the overall quality of care.
Good regulation is there to set clear expectations for care providers, ensuring that all services meet minimum safety and quality standards which in turn not only protect service users but also helps providers by offering clear expectations of what good service provision is.
Since its inception, the JCC has been working in a phased approach. First regulating care homes, then children’s homes, and then children’s services as a result of the failings identified by the Independent Jersey Care Inquiry in 2017.
It is anticipated that regulation will soon be extended to other organisations such as the Hospital, Ambulance Service and mental-health services.
This phased approach was adopted in order to manage the complexity of the difference between the different services, from hospitals, care homes, domiciliary care, private clinics, ambulance, mental-health services, dental services – one size would not fit all.
Providers also need time to implement any necessary changes to meet new regulations, so they need to work with services to prepare them for regulation, hence why a phased approach makes sense.
While many still see regulation as a stifler of innovation, at least in the case of health and social care, it is absolutely paramount that we continue to expand the remit as intended.
Regulatory efforts must be aligned with governmental policies and resource allocation though. It requires assurance that care providers can meet regulatory standards without undue burden. And, at the same time, it must address the concerns and expectations of service users and their families.
This can only be achieved with continuous dialogue, flexibility, and a commitment to understanding the unique context of Jersey’s health-and-social-care landscape. Consideration must be given to interpretation and implementation of regulations in a way that satisfies the mandate, while remaining practical for providers, and meaningful for the public. This is not about box ticking.
Effective regulation cannot occur in a vacuum. It must consider the lived experiences of the community. In order to gain and maintain the trust of the community, government, regulators and service providers must demonstrate a willingness to listen and respond to feedback.
It’s important that Islanders understand and engage with the process.
Both regulators and service providers in this space battle with evolving care needs, with emerging challenges such as an ageing population or new health threats.
These challenges require the regulator to be strategic and adaptive, focusing on areas of highest impact and risk while advocating for the resources necessary to continue to fulfil its mandate effectively.
It plays a critical role in ensuring that health-and-social-care services in the Island are safe, effective, and responsive to the needs of the community.
With ongoing support from the government, active participation from care providers, and engagement from the public, we can continue to enhance the standard of our care. Regulation, in this context, is not a hindrance but a vital instrument for safeguarding health and fostering trust.
Adequate funding is essential for comprehensive regulation and frequent inspections. In a climate of budget cuts, it’s important that government understands and values the role of the regulator in this space. Islanders must demand that government continue to provide adequate funds so that more organisations, like the Hospital, Ambulance Service and mental-health services become regulated and are subject to regular inspections. We must not allow cans to be kicked down the road.
We must continue to move towards a health-and-social-care system that delivers exceptional care. It is important that Islanders recognise the work that is being done and see regulation as a collaborative endeavour, essential for protecting the most vulnerable and ensuring a high quality of life for all Islanders.
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Susana Rowles is an entrepreneur working in ed-tech. She was born in Portugal, spent most of her adult live in the UK and moved to Jersey in 2018. Susana is heavily involved in the local community and sits on the board of several Jersey charities. She has a keen interest in local politics and the impact it has on our community.
