Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Children (Jersey) Law 2002: Law Drafting Instructions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 July 2020

Ministerial decision reference: MD-H-2020-0010

 

Decision summary title: Children’s Law Reform – Instructions for Law Drafting

 

Decision summary author

Senior Policy Officer, Strategic Policy, Planning and Performance

Is the decision summary public or exempt? 

Public

Report title: Children’s Law Reform

 

Report author or name of

person giving report

Senior Policy Officer, Strategic Policy, Planning and Performance

Is the report public or exempt?

Public

Decision and reason for the decision: The Minister authorised officers in Strategic Policy, Planning and Performance to instruct the Law Draftsman to draft legislation to amend the Children (Jersey) Law, 2002 to allow for the amendments proposed in the attached policy paper. The policy proposals described in the paper will form an omnibus amendment to the Children (Jersey) Law, 2002. Taken together these proposals will:

 

  • enable earlier assessment, support and intervention to promote and protect children’s wellbeing
  • establish a duty on government and key partners to deliver and plan services together
  • identify and define the role of the corporate parent
  • confer an entitlement for children to independent advocacy
  • further embed key principles set out in the UNCRC 

Resource implications: None as a consequence of this Decision.

 

Action required: Officers to instruct the Law Draftsman as required.

 

Signature

 

 

Position

Senator Sam Mézec

Minister for Children and Housing

Date signed

 

 

 

 

 

Effective date of the decision

 

 

 

 

 

Children (Jersey) Law 2002: Law Drafting Instructions

 

 

 

Children’s Law Reform

 

Final Policy Position Paper

 

 

24 June 2020


List of Abbreviations

CLTP   Children’s Legislation Transformation Programme

CSP  Common Strategic Policy

IJCI  Independent Jersey Care Inquiry

OFSTED Office for Standards in Education, Children's Services and Skills

SPPP  Strategic Policy, Planning and Performance

UNCRC United Nations Convention on the Rights of the Child


1

 

Introduction

 

The Independent Jersey Care Inquiry Report (2017) found that the Government of Jersey had failed to keep step with many of the developments made elsewhere, for example in the UK’s legislation[1]. In December 2018 the Minister for Children announced a significant and far reaching programme of legislative change. The Children’s Legislation Transformation Programme[2] (CLTP) covers thirty-nine different areas of policy development and will propose wide-ranging changes to laws that will have a shared ambition of improving outcomes for children. This policy proposal is one part of the Children’s Legislation Transformation Programme

Background

 

The central policy challenge identified is that the Children (Jersey) Law 2002 does not contain statutory provision to assess and offer support to children and families before the point at which the family situation has escalated into a child protection issue. The resulting delay often means that interventions arrive too late, often in the context of crisis and family breakdown. This is compounded by the absence of a duty on relevant services to co-operate and a poorly defined corporate parenting role for government and wider public authorities.

Taken together these factors contribute to the numbers of children coming into care and some of those being placed off island; the current attainment gap for children in care where only 4% of looked after children over the past three years have attained 5 A-Cs at GCSE (including English and Maths)[3] and the poor experience of young people as they leave care[4] with 67% of care leavers in education, employment or training.   

The policy proposals described in this paper represent an omnibus amendment to the Children (Jersey) Law, 2002. For the purpose of this paper they are described in three sections (i) establishing early help for wellbeing; (ii) corporate parenting; and (iii) integrated planning. Taken together these proposals will:

  • enable earlier assessment, support and intervention to promote and protect children’s wellbeing
  • establish a duty on government and key partners to deliver and plan services together
  • identify and define the role of the corporate parent
  • confer an entitlement for children to independent advocacy
  • further embed key principles set out in the UNCRC  

The proposed amendments are consistent with this Government’s strategic policy direction (as set out below) whilst also enabling additional broader government commitments:

 

  • Common Strategic Policy 2018-2022
  • Government Plan (2020-2023)
  • Pledge to Jersey’s Children and Young People (2018)
  • Children and Young People’s Plan 2019-2023
  • United Nations Convention on the Rights of the Child (UNCRC)
  • Independent Jersey Care Inquiry Report (2017)
  • Independent Jersey Care Inquiry Report: Two Year Review (2019)
  • Care Commission Independent Inspection Report (2019)
  • Children and Young People Education and Skills – Target Operating Model Consultation

 

 

Policy Ambition - Establishing a Framework to Support All Children

 

The principal policy ambition is to improve the wellbeing of all children and young people in Jersey, and this is the central consideration behind the proposed amendments.

The biggest influence on a child’s wellbeing in most cases will be the immediate family. In supporting children and their families, it is anticipated that the promotion and assessment of wellbeing will drive the provision of support to all children regardless of where they may be on the continuum of need (see Figure 4).

The policy presumption is that children, families and public bodies will, wherever possible, work together to understand, assess and meet the wellbeing needs of children. This shared endeavour will establish timely preventative support to prevent escalation and reduce the human costs of family crisis and poor childhood mental health. 

The proposals recognise in particular the wellbeing needs of children and young people in care and leaving care. Where children require the Government to become their parent, a clear framework of corporate parenting duties, including published entitlements for children in care and for care leavers, will ensure that wellbeing needs are identified and met. This entitlement is designed to address the known issues that can improve outcomes for children with care experience.

The policy proposals look to create a default towards integrated planning and service delivery by bringing forward a duty on Government and key partners to work together to plan and deliver services. This will also be included in the responsibilities of a Corporate Parent, and will require the same public bodies to make arrangements to safeguard children. 

The Government’s performance framework will monitor progress against the agreed outcomes through the Children and Young People’s Plan[5]. The Plan monitors four outcomes - that all children and young people will be able to grow up safely, learn and achieve, live a healthy life and be valued and involved - each of which have four indicators.

Figure 1 Children’s Plan on a page, outcomes and indictors

 

Section 1. Establishing Early Help and Wellbeing

 

Key Proposals

 

It is proposed that the Children (Jersey) Law (2002) is amended to enable a philosophy and model of early help to be established. This will support the provision of more timely and coordinated support to children and families whenever it is needed (and not just – as now – when there is a child protection consideration).

 

Amendments to existing regulation will be supplemented by statutory guidance to ensure a consistent approach to how and when early help is offered. The key features are likely to include:

  • A graduated service response based on principles of early intervention
  • A single plan for children and families based on the assessment and promotion of wellbeing
  • A duty to plan, co-operate and promote wellbeing across services for children, and to provide services to meet assessed need
  • Emphasis on co-production, including setting goals jointly with children and families
  • A duty to assess, in situations where the level of unmet need indicates that the child will be unable to maintain a reasonable level of health and development
  • Continued statutory intervention when the Minister ‘has reasonable cause to suspect that a child is suffering or is likely to suffer significant harm’.  

 

 

 

 

Key Considerations during Policy Development

 

Promoting Wellbeing

 

The Children and Young Persons (Scotland) Act 2014 defines wellbeing as every child having the right to be safe, healthy, achieving, nurtured, active, respected, responsible and included. 

Over the last decade there has been a growing policy interest in incorporating wider social, cultural and environmental influences into social policy. This has led to the emergence of different models outside that of a traditional economic framework. The “Better Life Index” developed by the Organisation for Economic Co-operation and Development (OECD) is just one example of reporting across a number of wellbeing indicators.

In Children’s Policy concepts such as wellbeing are increasingly being used as an outcome that can reflect the breadth of influences relevant to children’s everyday lives. A particular strength is the ability to successfully show the impact of preventative approaches (access to green space, good housing, active travel) on outcomes for children. Definitions of wellbeing vary but at the very least it is composed of objective factors (e.g. relative poverty, family structure, educational achievement, health status; diet and exercise) and subjective factors (how the person feels). In Jersey under the Public Finances (Jersey) Law, 2019 a duty has recently been imposed on the Council of Ministers to take into account the sustainable wellbeing of the inhabitants of Jersey over successive generations.

The Children and Young Persons (Scotland) Act 2014 defines wellbeing in relation to its assessment and the extent to which the young person is Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible and Included (SHANARRI[6]). It is often depicted as a wheel. While each indicator is separately defined, in practice they are connected and overlapping. Taken together the eight indicators offer a holistic view of each child or young person, identifying strengths as well as barriers to growth and development. Jersey’s Children First practice model has adopted this model for Jersey.

 

 

 

Adverse Childhood Experiences

 

Recent national research[7] into Adverse Childhood Experiences (ACE’s) strengthen the case for prevention activity which aims to improve population wellbeing by preventing, reducing and mitigating levels of adversity experienced by children, young people and adults. Findings support a ‘whole society’ approach whilst also recognising that the consequences of adversity experienced in childhood may not be immediately apparent, so consideration needs to be given to the immediate risk to children and ongoing child protection; as well as the impacts of broader experiences and longer-term consequences

 

Adverse Childhood Experiences can be described as highly stressful and potentially traumatic events or situations that occur during childhood and adolescence. An ACE can be a single event, or can be experienced over time and can directly affect the person and their environment.

 

A typical list of ACEs was used by Public Health Wales in a 2017 survey investigating the childhood experiences of approximately 2,500 Welsh adults[8] ACEs included verbal abuse; physical abuse; sexual abuse; physical neglect; emotional neglect; parental separation; household mental illness; household domestic violence; household alcohol abuse; household drug abuse; and incarceration of a household member. The number of ACEs experienced has a very strong relationship with outcomes and this has been found in the UK and US[9].

 

There are strong links between ACE exposure and experience of wider social problems and longer-term poor outcomes such as reduced educational attainment, worklessness, diminished social mobility and socioeconomic status[10]. Preventing ACEs should be seen within the wider context of tackling societal inequalities. While ACEs are found across the population, there is more risk of experiencing ACEs in areas of higher deprivation. Research shows that parents facing financial hardship are more likely to experience stress, depression, and conflict in their relationships and family, all of which compromise parenting and increase the risk for violence and other ACEs. Parents facing financial hardship also have fewer resources to invest in their children and face difficult choices when trying to balance work and family responsibilities[11].Policies that strengthen household financial security and family-friendly work policies, such as paid leave and flexible and consistent work schedules, can prevent ACEs by increasing economic stability and family income and improving parents’ ability to meet children’s basic needs and obtain high-quality childcare. A child and family centered early help approach addresses the needs of parents and children so that they can succeed and achieve lifelong health and well-being.

 

Early Intervention and Early Help

 

Across jurisdictions, policy is being developed in response to the growing body of research that shows the importance of early help[12]. Studies reference how early help can offer children the support needed to reach their full potential (EIF, 2018); support a child to develop strengths and skills that can prepare them for adult life (EIF, 2018). It can improve the quality of a child’s home and family life, enable them to perform better at school and support their mental health (EIF, 2018).

 

In Scotland ‘Getting it Right for Each Child’ (GIRFEC) has been developed as an approach to multiagency practice based on the key principle of early intervention to prevent later crises with the aim of improving outcomes for all children and young people. Fundamental to GIRFEC is the provision of a continuum of support, based on an assessment of perceived wellbeing and built around the individual child's needs.

 

It is widely accepted that the Scottish approach is at the leading edge of best practice. A report published by the Nuffield Trust[13]  found that the GIRFEC approach to promoting and improving wellbeing is leading the way in the UK. A number of other jurisdictions are now looking to learn from GIRFEC and the progressive measures set out in the Children’s & Young People (Scotland) Act 2014.

 

The Government of Jersey has already reviewed the Scottish Policy when considering a similar practice model of help for children and families. The Jersey’s Children First (JCF) Practice Framework has now been established locally using the wellbeing model. It is designed to enable timely and flexible provision of early intervention and preventative work to safely reduce the number of cases held and referred to children’s social care and other specialist services for children and young people in need of support.

 

Continuum of Need – Coordinating Services

 

Practice experience shows that children’s needs are dynamic and ever changing. For the majority of children these needs are met by parents in a family context. However, for some children unmet needs represent a significant challenge to their wellbeing and flexible and timely support from services in response to changes in need are required. A central tenant to assisting in this task is the continuum of need which enables practitioners, parents and children towards timely appropriate responses. 

The Illustration below sets out a continuum of need and the corresponding level of service response. Children and families are supported most effectively and efficiently when services are planned and delivered in a co-ordinated way and are seamless at the point of delivery. The continuum of need and service response is a framework that provides a shared model and language to help professionals across the system ensure the child is at the centre of planning, decision making and service delivery. It reflects the dynamic and changing status of children’s needs and how they may change at different periods of time.

The policy proposals will bring new obligations on Government and relevant agencies to work together to ensure a joined-up approach by services across the continuum of need. A summary of how the proposed amendments will support a system wide framework for improving children’s wellbeing is set out in Appendix 1.

 

Figure 4 The Continuum of Need

 

 

 

 

 

 

 

 


1

 

Section 2 Corporate Parenting

 

Key Proposals

 

When a child or young person comes into care the state becomes their Corporate Parent. This responsibility continues to apply to those young people when they leave care. Just like any good parent a Corporate Parent will safeguard the wellbeing and uphold the rights of a child or young person they are responsible for and promote their physical, emotional, spiritual, social and educational development.

It is proposed that the Children’s (Jersey) Law (2002) will be amended to identify a (modifiable) list of public authorities who will be identified as corporate parents. Inclusion criteria will be based on the remit, context and scope of influence of the body in relation to children in care and care leavers and the degree of interaction with and extent of their (possible) impact on the lives. The amendment will also include a list of duties with clear guidance to the named authorities describing how these duties of corporate parents are enacted.

 

As part of its Corporate Parenting duties the Government of Jersey will be required to publish an entitlement for children in care as well as those leaving care. The amendment will reflect those known pillars of support which have been evidenced as pre-requisite to achieving good outcomes.

They include;

 

  • Health and development
  • Relationships and social life
  • Finances and money
  • Accommodation and home life
  • Education, training and employment
  • Staying safe
  • Rights and participation

 

 

Key Considerations during Policy Development

 

Poor Outcomes

 

There is a breadth of evidence that shows outcomes for children in care and care leavers are often very poor when compared with children in the general population[14].

 

What many children have in common is that many have experienced abuse or neglect; experiences which are associated with poorer outcomes for children (Wilkinson et al, 2017).

The reasons for and legacy of the reasons they entered care in the first place (including abuse, neglect, disability and behavioural problems) compound this disadvantage.

 

Research on key outcomes for care experienced children in UK that shows the scale of the disparity when compared to children in the general population[15]:

 

         Children in care are much more likely to be excluded from school. They are also much more likely to be not in education, employment or training (NEET) compared with other 19-year olds

         1 in 4 young women leaving care are pregnant or mothers; 1 in 2 are mothers by age 24

         It is estimated that around 7 in 10 sex workers have been in care, over 1 in 4 of the adult prison population has been in care and approximately 1 in 4 homeless have been in care at some point in their lives

         Half of looked after children have a mental health issue and care experienced children are 4 or 5 times more likely to self-harm in adulthood

 

These young people are uniquely vulnerable and are disproportionately over-represented in some dimensions -  poor physical health, homelessness, the prison population, young parenthood and sex work and under-represented in others - higher education, higher socio-economic attainment. 

 

We do not have longitudinal data on local outcomes. However, these outcomes are unlikely to be materially different in Jersey than they are in the UK.

 

Legislating for Corporate Parenting

 

A brief review of other countries’ policies in this area (including Scotland, England, New Zealand, USA and Canada[16]) shows a common evolution in the development of care leaver legislation and provision. This has been introduced from what was initially a very low baseline in some countries, in response to what were often poor outcomes for children who have been in care, and then more recently under the driver of corporate parenting principles.

 

Policy development is characterised by increasing the upper age threshold and universality of support through varied care provision, which underpins stable relationships with caregivers: the policy intent being to close the gap between the help a young person living within their family might expect and what a young person leaving care receives. An international comparison of policy[17] by Professor Mike Stein found that the UK countries have opted to develop a strong legal framework compared to the legislation in many other jurisdictions.[18]

 

In England and Scotland twenty years of measures to improve subjective experiences of care and objective outcomes for children and young people in care and care leavers has resulted in, most recently, legislative provision for Corporate Parenting itself. A review of policy and legislation in this area (including in Scotland, England, Northern Ireland, Wales, New Zealand, Canada) found that, to date, England (through the Children and Social Work Act 2017) and Scotland (through the Children and Young People (Scotland) Act 2014) are currently the only jurisdictions that have placed Corporate Parenting principles and responsibilities in law.

 

Building an Entitlement Approach

 

At the heart of ‘Corporate Parenting’ is a simple message; those who have responsibility to care for young people who cannot live with their families should have the same aspirations as parents do for their own children, and they should work together to parent them.

 

There is robust international evidence that care experienced young people who do well in later life have had had some common experiences during their time in care and on leaving care. These include but not limited to:

 

  • stability in care
  • success at school
  • leaving care gradually and later
  • well supported beyond transition into adulthood

 

In other jurisdictions, entitlements or care offers for children in care or leaving care have been incorporated in to a wider policy framework of corporate parenting, underpinned by the foundation of graduated and extended transitions, stable placements and continuing care and consistent, loving and nurturing relationships.

The illustration below shows how a corporate parenting framework will include the pillar of support for children in care and care leavers. As for all children and young people, the core needs of children and young people in care and leaving care (and therefore the support required) are wide ranging. In Jersey work to draft a Local Offer[19] for care leavers, was recently endorsed by the Corporate Parenting Board, and is consistent with the policy direction being proposed here.

 

 

 

 

Section 3 Integrated Planning and Joint Working

 

Key Proposals

 

The proposed policy will create a legislative framework that requires integrated strategic and operational planning and provision to improve children's outcomes, and will include:

  • The introduction of a legal duty for government and key partners to co-operate to improve the wellbeing of children and to make arrangements to safeguard children
  • A requirement for government (and relevant partners) to plan together for the delivery of services for children and to publish information about the services provided to meet need, and to report on progress made
  • A requirement for corporate parents to plan together for the delivery of services for children and to publish information about the services provided to meet need, and to report on progress made
  •  A requirement for government (and key delivery partners) to provide services to meet the assessed wellbeing needs of children
  • A requirement for service development and commissioning (and decommissioning) to be based on needs assessment (and gap analysis)
  • The introduction of a mechanism for the Minister to issue statutory guidance under the Law
  • Embedding the General Principles of the UNCRC in the Law (Article 2, Article 3(1), Article 6, Article 12)

 

Key Consideration during Policy Development

 

The importance of co-operation and integration of services around the needs of children and families cannot be over-estimated.  It is necessary for service providers to work together and co-operate at the individual child and family level and at a corporate and strategic level in order to:

  • To promote wellbeing
  • To shift resource to prevention and early intervention
  • To be integrated from the perspective of children, young people and families; and
  • To make best use of available resources

 

We also want to take steps to ensure that children enjoy their rights by embedding some key principles in the legislation. Jersey had the United Nations Convention on the Right of the Child (UNCRC) extended to it in 2014. The following articles in the UNCRC have been identified by the Committee as general principles:

 Non-discrimination (Article 2): The obligation of States to respect and ensure the rights set forth in the Convention to each child within their jurisdiction without discrimination of any kind. This non-discrimination obligation requires States actively to identify individual children and groups of children the recognition and realisation of whose rights may demand special measures.             

  • Best Interests of the Child (Article 3 (1)): The best interests of the child as a primary consideration in all actions concerning children. Every legislative, administrative and judicial body or institution is required to apply the best interests principle by systematically considering how children’s rights and interests are or will be affected by their decisions and actions.
  • Survival and Development (Article 6): The child’s inherent right to life and States parties’ obligation to ensure to the maximum extent possible the survival and development of the child. The Committee expects States to interpret “development” in its broadest sense as a holistic concept, embracing the child’s physical, mental, spiritual, moral, psychological and social development. Implementation measures should be aimed at achieving the optimal development for all children.
  • Right to express views freely (Article 12): The child’s right to express his or her views freely in “all matters affecting the child”, those views being given due weight. This principle, which highlights the role of the child as an active participant in the promotion, protection and monitoring of his or her rights, applies equally to all measures adopted by States to implement the Convention. Listening to children should not be seen as an end in itself, but rather as a means by which States make their interactions with children and their actions on behalf of children ever more sensitive to the implementation of children’s rights.  

 

Right to Independent Advocacy

 

Article 12 of the UNCRC makes very clear that every child has the right to say what they think in all matters affecting them, and to have their views taken seriously. One of the four outcomes of the Children’s Plan is that children and young people are valued and involved. Advocacy helps to make that right a reality for those children and young people who, for whatever reason, might not otherwise feel able to share their thoughts and feelings. Advocates can provide children and young people with the knowledge, confidence and support that they need to influence the decisions which affect their lives and navigate the system.

In England the Children Act 1989 gives looked after children, children in need and care leavers a statutory right to advocacy when they are making, or wishing to make, a complaint or representation to a local authority. According to the Scottish Government, the need for high quality advocacy for children and young people is being increasingly recognised across Scotland as well[20]. Listen Louder, a locally commissioned report released this year provided a vital insight into the experiences of people with experience of care and helps us to understand what ‘being heard’ means for those with care-experience; what enables this and what stands in the way[21]. It is proposed that here in Jersey children who are assessed as having a health and development need, looked after children and care leavers should be given a statutory right to independent advocacy when they are making, or wishing to make a representation to Government.

 

 

 

 

 

 

 

 

 

 

Financial and operational implications

 

The Government Plan[22] describes the additional investment required to successfully deliver on the policy objectives described in this paper. Table 1 below describes the annual and total investment over the Government Plan period.   

CSP 1: Putting Children First

Additional Investment Required (£000)

 

2020

2021

2022

2023

Total

Children in Need

1,560

1,760

1,760

1,760

6,840

Care Leavers

   206

   206

   206

   206

   824

 

Children Young People Education and Skills are establishing a ‘commissioning minded’ approach to improving services and outcomes for children. This will enable the Department to be better positioned to deliver high impact changes against the policies and outcomes set out in this paper as well as initiatives in the Children’s Pledge, the Common Strategic Policy, the Government Plan and the Children’s Plan.

Conclusion

 

The policy proposals described in this paper represent an essential set of omnibus amendments to the Children (Jersey) Law, 2002. The promotion and protection of the wellbeing of all our children is the central consideration behind the proposed amendments. Where children require the government to become their parent a clear framework of corporate parenting duties, including published entitlements for children in care and for care leavers, will ensure that wellbeing needs are identified and met. The proposed policy will also create a legislative framework that requires integrated strategic and operational planning in order to ensure that services are joined up around children, young people and families, and to improve children's outcomes.

Next Steps

 

The Minister will authorise officers in Strategic Policy, Planning and Performance to instruct the Law Draftsman to draft legislation to amend the Children (Jersey) Law, 2002 to allow for the amendments proposed in the attached policy paper. The law amendment is due to be presented to the Assembly for debate in the 4th Quarter of 2020.

 

 

 

 


Appendix 1 Strategic Context

 

How the proposed amendments will support a system wide framework for improving children’s wellbeing

Need

 

Legal Provision

What children and families can expect

Universal

 

Parents and carers are meeting child’s needs with the support from universal services

Duty on Minister and relevant partners to co-operate and promote wellbeing

 

Duty on Minister and relevant partners to plan services for children

 

Families have access to information about what is available to support them, and they know where to go to get that support

 

Universal +

 

Child assessed with some low risk unmet wellbeing need(s)

 

 

Duty on Minister and relevant partners to co-operate and promote wellbeing

 

Duty on Minister and relevant partners to plan services for children

 

Duty on Minister and relevant partners to provide services to meet identified needs

 

Practitioners will use the same wellbeing assessment

 

There will be a single plan co-produced with the family and the child

 

Entitlement to support offered on an opt-in basis (consent)

 

Universal partnership +

 

Child assessed as having higher levels of unmet wellbeing need and emerging risk.

 

Child unlikely to achieve or maintain a reasonable level of health or development, or their health and development is likely to be significantly or further impaired, without the provision of services; or a child who is disabled or a child who is adversely affected by the disability of someone else in the family.

 

Duty on Minister and relevant partners to co-operate and promote wellbeing

 

Duty on Minister and relevant partners to plan services for children

 

Duty on Minister and relevant partners to provide services to meet identified needs

 

Duty on Minister to assess the needs of children with a health and development need

Practitioners will use the same wellbeing assessment

 

There will be a single plan co-produced with the family and the child

 

Entitlement to support offered on an opt-in basis (consent)

 

 

 

 

 

 

 

 

 

Child has access to independent advocacy when they are making, or wishing to make their views heard

Child Protection

 

Child is assessed to having significant unmet wellbeing needs.

 

The high level of risk likely to require need for protection

Child has a need for protection if they are experiencing or are likely to experience significant harm in terms of ill-treatment or impairment of health and development

 

Powers under Part 4 and 5 of the existing Children's (Jersey) Law 2002 Law apply

 

Duty on Minister to investigate if there is reasonable cause to suspect likely or actual significant harm under Article 42.

 

Minister must make the necessary enquiries in order to decide if action needs to be taken to safeguard or promote the child’s welfare, including any reasonably practicable steps to obtain access to the child

 

Minister may (has the power to) make an application for an Emergency Protection Order, an (interim) Care Order, a Child Assessment Order or a Supervision Order

A single plan based on wellbeing with an emphasis on safety and protection

 

If appropriate every effort will be made to secure co-operation and work with of families on a voluntary basis.

 

If necessary, child protection measures can be implemented even if the family does not consent

 

Child will have access to independent advocacy when they are making, or wishing to make their views heard

 

 

 

 

Appendix 2 Policy Development Approach

 

Policy Development Activity / Milestones

Date

Desk based research and evidence gathering

Nov - Dec 2018

Exploratory discussions with stakeholders

Dec 2019 - Feb 2020

Policy options papers presented to Children’s Legislation Programme Board

Mar 2019; May 2019; June 2019

Consolidated policy position paper presented to Children’s Legislation Programme Board

August 2019

Early briefing Office of the Children’s Commissioner

September 2019

Early Directions Ministerial Briefing 

October 2019

Fact finding visit with representatives of Scottish Government

October 2019

Practitioner workshop 1

October 2019

Practitioner workshop 2

October 2019

Final policy position paper presented to Children’s Legislation Programme Board

November 2019

Policy paper presented to CSB

November 2019

Public Consultation including consultation with children and young people and people with care experience

December 2019 – February 2020

Publication of consultation findings

June 2020

Ministerial Decision to instruct law drafting

June 2020

 

 

 


[1] Independent Jersey Care Inquiry, Report of the IJCI, Vol.3, p.59, paragraph 13.31

[2] Children’s Legislation Transformation Programme Published Dec 20, 2018 - The Minister for Children and Housing, Senator Sam Mézec

[3] Jersey Virtual School Head Annual Report, Children Young People Education and Skills, 2019

[4] Listen Louder Report, Children Young People Education and Skills, Nov 2018

[5] The Children’s Plan represents the strategic priorities for children in Jersey and was coproduced with key partners including children.

[6] Safe – protected from abuse, neglect or harm at home, at school and in the community.

Healthy – having the highest attainable standards of physical and mental health, access to suitable healthcare and support in learning to make healthy, safe choices. Achieving – being supported and guided in learning and in the development of skills confidence and self-esteem, at home, in school and in the community. Nurtured  - having a nurturing place to live in a family setting, with additional help if needed or, where possible, in a suitable care setting.  Active – having opportunities to take part in activities such as play, recreation and sport, which contribute to healthy growth and development, at home in school and in the community. Respected – having the opportunity, along with carers, to be heard and involved in decisions that affect them.  Responsible – having opportunities and encouragement to play active and responsible roles at home, in school and in the community, and where necessary, having appropriate guidance and supervision and being involved in decisions that affect them. Included – having help to overcome social, educational, physical and economic inequalities and being accepted as part of the community in which they live and learn.

 

[7] Adverse Childhood Experiences in Context, NHS Health Scotland, August 2019,

[9] Preventing Adverse Childhood Experiences (ACEs): Leveraging the Best Available Evidence, National Center for Injury Prevention and Control, 2019

[10] Evidence-based early years intervention, House of Commons, Science and Technology Committee,  November 2018

[11] Preventing Adverse Childhood Experiences (ACEs): Leveraging the Best Available Evidence, National Center for Injury Prevention and Control, 2019

[12] In this report, ‘early help’ means ‘providing support as soon as a problem emerges, at any point in a child’s life’. 

[13] International comparisons of health and wellbeing in early childhood, Nuffield Trust in association with the Royal College of Paediatrics and Child Health, Cheung, Ronnie, March 2018

[14] NSPCC Knowledge and Information Service, Statistics Briefing: looked after children, January 2019

[15] NSPCC Knowledge and Information Service, Statistics Briefing: looked after children, January 2019

[16] Leaving Care to Extending Care Internationally, Paul MacDonald, CEO, Anglicare Victoria, 2017, for Homestretch http://thehomestretch.org.au 

[17] How does care leaver support in the UK compare with the rest of the world? Stein, Professor Mike, University of York, October 2014 Article written for on Community Care accessed at  https://www.communitycare.co.uk/2014/10/23/care-leaver-support-uk-compare-rest-world/ November 2019

[18] How does care leaver support in the UK compare with the rest of the world? Stein, Professor Mike, University of York, October 2014 Article written for on Community Care accessed at  https://www.communitycare.co.uk/2014/10/23/care-leaver-support-uk-compare-rest-world/ November 2019

[19] The ‘Proposed Local Offer’ was presented to and approved by the Corporate Parenting Board in May 2019

[21] Listen Louder Report, Children Young People Education and Skills, Nov 2018

[22] Government Plan 2020-2023: Further Information on Additional Revenue Expenditure and Capital and Major Projects Expenditure: 24th July 2019

Back to top
rating button