Children (Jersey) Law 2002: Enable Amendment of Schedule 2 Definition of Person: Law Drafting Instructions

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A decision made on 15 December 2021

Decision reference: MD-ESC-2021-0021
Decision Summary Title :	Children (Jersey) Law 2002 – enable amendment of Schedule 2 definition of person		Date of Decision Summary:	13/12/21
Decision Summary Author:	Private Secretary		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Children (Jersey) Law 2002 – Law Drafting Instructions		Date of Written Report:	13/12/21
Written Report Author:	Senior Policy Officer		Written Report : Public or Exempt?	Public
Subject: Decision to prepare drafting instructions to enable amendment of Schedule 2 definition of person in the Children (Jersey) Law 2002
Decision(s): The Minister instructed officers to prepare law drafting instructions to enable the definition of person in Schedule 2 (4)(ii) the Children (Jersey) Law 2002 to be amended
Reason(s) for Decision: There has been an urgent issue identified in placing children out of jurisdiction under the Children (Jersey) Law 2002 (The Law). Article 20 of the Law provides for provision of accommodation and maintenance by the Minister for children whom the Minister is looking after. Article 20 (3) provides for a Schedule to make further provision for arrangements for children looked after by the Minister including placement outside of Jersey if certain conditions are met. There is a lack of clarity as to whether Article 4(2)(ii) solely allows for the child to live with a natural person or whether it allows for placement in residential care. A recent Royal Court judgement found that a placement of this nature was legitimate, but the issue remains open to further challenge and interpretation, requiring an amendment to the Law as soon as possible in order to clarify the meaning of person in this instance. It is proposed this be done by drafting a new short amendment law to clarify the Schedule 2 meaning of person.
Resource Implications: None except internal BAU
Action required: Senior Policy Officer to prepare law drafting instructions for LDO
Signature:		Position: Deputy Scott Wickenden, Minister for Children and Education
Date Signed:		Date of Decision (If different from Date Signed):