Chief Minister Department
Ministerial Decision Report
Independent Inspection of Children Services – Article 38 Regulation of Care (Jersey) Law 2014
- Purpose of Report
To enable the Chief Minister to address the Independent Jersey Care Inquiry (IJCI) recommendation regarding independent external inspection of children services.
- Background
The final report of the Independent Jersey Care Inquiry into the abuse of children in the Island's care system over many years was published on Monday 4th July 2017. The Inquiry’s final report identified individual and systemic failings and made eight main recommendations, one of which was specifically regarding Inspection arrangements of children services.
We recommend that Jersey establish a truly independent inspection arrangement for its children’s services, which will have the confidence of children, staff and the wider pubic. We believe that it is vital that, within 12 months of our Report, a statutory basis for inspection is established. (Independent Jersey Care Inquiry 2017 p58).
The Jersey Care Commission was established at the beginning of 2017 under the Regulation of Care (Jersey) Law 2014 (“the Law”). The Law includes provision for the establishment of a Health and Social Care Commission, independent of the Minister for Health and Social Services, the Chief Minister and the States. The appointment of a Jersey Care Commissioner has already been made (MD-C-2017-0051). The Care Commission will become fully operational once the enabling Regulations come into force in early 2018.
The Jersey Care Commission has a number of statutory functions including, inter alia, responsibility for the regulation of children’s services, including independent inspection of residential care services for children and young people in Jersey. Its independence is protected by Law, which disqualifies any person who is or has worked for the Health and Social Services Department as either a contractor or employee and any person who has or has had any other interest in the provision of health and social care in the Island, to hold the position of a Commissioner.
The Chief Minister has received support from the Care Commissioner to make additional arrangements for the independent inspection of children services, as announced on 24th July 2017[1]. The inspection will be undertaken in accordance with Law and commissioned under article 38 (1) and (2) of the Law, which enables the Chief Minister ask the Commission to prepare and report upon an aspect of health and social care. Inspectors will be appointed in-line with article 24 of the Law. Any information obtained in the course of the inspection will be subject to the provisions of Part 6 of the Law.
- Recommendation
That the Chief Minister requests, in accordance with Article 38 of the Regulation of Care (Jersey) Law 2014, a report on children’s services that offers an updated assessment, by an external independent agency, and which addresses the concerns expressed by the Jersey Care Inquiry.
This would be in addition to the Care Commissions current work plan which currently includes establishing a schedule of external independent inspection of Children Homes.
Director, Children’s Policy
24th August 2017