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Children and Young People (Jersey) Law 202- : Law drafting instructions

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Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 21 February 2022

Decision Reference:  MD-CED-2022-101

Public

Subject: Law-drafting instructions: Children and Young People (Jersey) Law 202-

 

Report Title: Report - Amendment to the information sharing provisions of the Children and Young People (Jersey) Law 202-

Public

Decision(s): The Minister approved a number of amendments to the draft amendment to the Children and Young People (Jersey) Law 202- and decided to request the Legislative Drafting Section of the States Greffe to review the draft amendments and undertake the necessary drafting.

 

Resource Implications: Law drafting time.

 

Signature:

 

 

Signed By: Minister for Children and Education

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Children and Young People (Jersey) Law 202-: Law drafting instructions

Report - Amendment to the information sharing provisions of the Children and Young People (Jersey) Law 202-

Purpose

On the 8th February 2022, an issue was identified in relation to information sharing provisions in the lodged draft of the Children and Young People (Jersey) Law (the Law). The Law was passed by the States Assembly on 8th February 2022 on the understanding that the Minister for Children and Education ensures that the wording is corrected prior to the Law coming into force. 

Background

The Law provides for arrangements for co-operation between the responsible ministers and relevant providers, safeguarding partners and relevant providers and between corporate parents under Articles 4, 5 and 28 respectively which include arrangements for information sharing.  However, the wording of Article 5(4) does not support the intended policy outcome:

 

(3) Safeguarding partners must ensure that the arrangements under paragraph (2) include –

(a) arrangements to identify and respond to children or young people whose welfare appears to need safeguarding;

(b) arrangements for planning, reviewing and improving arrangements to safeguard the welfare of children or young people;

(c) arrangements for procuring professional advice on safeguarding the welfare of children or young people;

(d) arrangements for reviewing and learning from serious child safeguarding cases;

(e) arrangements as to the disclosure of information between safeguarding partners and relevant providers; and

(f) arrangements for scrutiny by an independent person of the effectiveness of the arrangements (other than the scrutiny of arrangements referred to in this sub-paragraph).

 

(4) Arrangements under paragraph (3)(e) must not –

(a) permit the disclosure of information that –

(i) relates to information obtained in the course of discharging functions which are for the purpose of safeguarding the welfare and promoting the wellbeing of children or young people, or

(ii) is ancillary to the discharge of functions mentioned in clause (i) or for the purposes of working together as mentioned in paragraph (2)(b); or

(b) require the disclosure of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings, or prevent any such disclosure if that claim is waived.

 

The current wording does not support the sharing of information obtained in the course of discharging or carrying out ancillary functions which are for the purpose of safeguarding the welfare and promoting the wellbeing of children or young people. This is in opposition to the policy intent and therefore needs amending. There are similar provisions in Article 4 and 28 so a review and redraft for a short amendment law should include a review of these articles for completeness. This should have the effect of ensuring that the wording of these provisions in the Law achieves the intended policy, which is to facilitate appropriate information sharing between providers of services for children and between corporate parents in order to ensure that children and young people’s wellbeing is supported, and their welfare safeguarded.

 

Senior Policy Officer 09/02/22

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