PLACING psychotherapists and counsellors under statutory regulation in Jersey could mislead Islanders into a “false sense of protection” and drive vital professionals away at a time of “huge demand for mental health support”, the Health Minister has warned.
Deputy Tom Binet rejected an amendment from Deputy Tom Coles to add psychotherapists – along with counsellors, therapists and other related titles – to the Island’s list of regulated professions.
The Reform Jersey politician’s proposed amendment to the Draft Health and Social Care Professionals Register (Jersey) Law comes a year after he lodged a proposition calling for all counsellors to be legally required to register with the Jersey Care Commission and a recognised UK governing body. States Members rejected it 26 votes to 18 last April.
Now, the Health Minister has warned that requiring psychotherapists to register in law risks creating the impression they are subject to the same robust oversight as UK-regulated health professions, when in reality no equivalent statutory safeguards exist.
Without major new investment in specialist expertise, investigative powers and enforcement systems, the Jersey Care Commission would have “no viable mechanism” to regulate them to that standard.
That mismatch between perception and reality would create a “false sense of protection” for service users – potentially leaving vulnerable Islanders believing they are covered by statutory safeguards that, in practice, do not exist.
Deputy Binet explained that the draft law was intentionally designed to align Jersey’s system with professions that are already statutorily regulated in the UK.
“The UK government considers that the risk posed to the public of malpractice does not warrant the cost and administrative burden of statutory regulation and mandatory registration, a decision reflected in the draft law,” he said.
The minister also raised concerns about workforce resilience.
Introducing regulatory requirements beyond those in place in the UK could have “unintended consequences”, particularly in a small jurisdiction like Jersey, said Deputy Binet.
If the Island were to become the only place in the British Isles to impose statutory regulation on psychotherapists and counsellors, it could “overburden that profession in Jersey with regulation, deterring professionals from working here”.
The potential outcome, the minister suggested, would be fewer practitioners and reduced access to services at precisely the wrong moment – amid “huge demand for mental health support”.
Deputy Binet explained the draft law has been structured so that, should the UK introduce statutory regulation for psychotherapists in future, Jersey could quickly follow suit.
The Health Minister urged States Members to reject the proposal and back the draft law unamended, concluding: “At a time when public confidence in healthcare standards matters more than ever, Jersey cannot afford to weaken its regulatory framework or introduce complexity without compelling evidence of the benefit of doing so.”
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