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2018 Annual 2019 Report
Children's Commissioner
R.60/2020 for Jersey
FOREWORD
I am writing this at a time of great disruption for us all. When we set up this office in January 2018, none of us could possibly have foreseen the spread of the pandemic that has now turned our lives upside down.
However, what we did know was that we would be laying solid foundations for Jersey's future in protecting and promoting children's rights. In recent weeks and months, those foundations have been tested and I have found it deeply reassuring to see how well they have stood up, and how much children's rights have figured in wider debates.
My office is the first National Human Rights Institution to be established in Jersey. What this means is that my team and I, just like other Children's Commissioners and their teams, are grouped together with other organisations around the world that are working to protect
and promote human rights.
Why is this important? Well, for one thing, it allows us to get on with the work of improving children's and young people's lives in Jersey. But it also sends a message to the wider world: it tells them that we, as a community, care about all children's rights.
When you say something as simple and as fundamental as that, it creates an expectation.
It creates the expectation that Jersey will live up to its promise to promote and protect children's rights. And of course, sometimes that can mean a good deal of extra work, but when we know that we have a promise to stick to, that extra work becomes so much easier to do.
I am very proud of what I and my team have managed to achieve in the past two years, but I can also see that there is a great deal for us still to do. We must now try to build on the fact that so many more people in the Island know and care about the United Nations Convention on the Rights of the Child.
The task ahead will, of course, depend on the ongoing fallout of Covid-19 but our fundamental goal will not change. This is to start trying to make some of these great new habits that we have formed into permanent parts of our Island law: into must-dos', in other words, instead of nice-to-haves'. But the purpose of this report is not to look ahead, it is
to look at what has already been done. And with that in mind, I would like to extend my heartfelt thanks to all of the people who have helped us in our work.
I have three great panels of expert advisors, ranging in age from the young to the not-so-young,
a dedicated staff and a whole host of professional colleagues who are always willing to help, even January 2018
2018 when the conversations are difficult. And above all, I have an Island full of children and young Deborah arrived in Jersey.
We launched an Island-wide people who are never shy about getting in touch with us. Long may that continue.
End of 2019
Rights Respecting Schools'
37 schools are now taking part
award scheme.
in the Rights Respecting
Schools' award scheme.
Deborah McMillan,
2018 The Children's Commissioner for Jersey 2,142 children, young people Summer 2019
and adults took part in our The Commissioner for Young
online survey. People and Children' Law came
into force.
2018 2019 2020
3
OUR STORY
WHY JERSEY HAS APPOINTED A
CHILDREN'S COMMISSIONER
Deborah McMillan is Jersey's first Commissioner for Children and Young People. She arrived in Jersey in January 2018, after the Independent Jersey Care Inquiry recommended that the States of Jersey appoint a Children's Commissioner.
It was the very first recommendation that the Care Inquiry made.
A Children's Commissioner is someone who promotes and protects the rights of children and young people. These rights were agreed 30 years ago by countries from all over the world and were set out in the United Nations Convention on the Rights of the Child, or the UNCRC.
Unlike adults, children and young people are sometimes not allowed or not able to speak and act for themselves, so they need help to make sure that no one is doing or saying anything that might be harmful to them.
Normally, an annual report would only cover the work that has been done in the previous year but with this first report we have chosen to cover two years instead.
The reason for this is that when Deborah arrived in the Island in January 2018, Jersey did not have a law that would make her role official and give her team the powers and protections that other Children's Commissioners have.
This law did not come into force until the second half of 2019. But even so, Deborah began work immediately.
We think it makes sense, then, for our first report to cover the period from January 2018 until December 2019, so we can take into account the work that was done before the law was passed, while Deborah was still operating in shadow form'. Deborah has been appointed as Commissioner for eight years. In 2027, she will hand over the office to a new Commissioner.
ENGLAND, SCOTLAND, WALES, We have visited all
THE REPUBLIC OF IRELAND, NORTHERN IRELAND
and more than 30 other countries across Europe also
have commissioners or ombudspersons to represent primary and secondary schools in the
4 their children and young people. island, often multiple times. 5
OUR WORK WHAT YOU TOLD US IN 2018
In January 2018, Deborah set herself the task of meeting as many of the Island's Very few 16-year-olds children and young people as she possibly could. take part in elections.
She visited all 42 schools, often more than once, and outside the classroom she joined in with youth
clubs, sports clubs, scout and guide troops, cub and brownie packs, and many, many more. At the same 14% 58%
time, the Commissioner's office launched an online survey, asking 2,142 children, young people, and Only
the adults who live and work with them, to try to pick out the main issues that affect the younger of young people of children are never asked generations in Jersey. The questions and responses can be seen here. said that adults listen for their views about what
to their views. happens in their parish. The results of this survey helped shape the work that we went on to do. Listening and responding
to what the Island's children and young people say is the first of two pillars that support our work
programme. The second pillar is what we refer to as international minimum standards', which may not
be things that children and young people have directly asked us to work on but are things that the UN
has agreed that we can expect as a very basic right. Give them [children] I feel that children are
I feel that in certain areas a voice because half the time not listened to due to Our work to support last year's law, which now makes it illegal for parents, children should be listened to you feel like you're not being people assuming that the
carers or teachers to smack children in Jersey, would be a good example of if it involves a child, such as the listened to. Create a panel of stereotype of a child an international minimum standard. closure of the skate park, having children who can feedback from being immature is true,
In early 2019, we also developed a participation strategy' based on our first children's views instead of adults different schools the issues they meaning that adults would
find in their schools and that they not take our opinions year of experiences working with children and young people in the Island. This has become the blueprint for our work involving young people and assuming whaand their viet childrw.en feel deal with, and what they want to seriously.
will remain the template for our future projects. You can find it here. happen, then all feedback to find
common issues.
WHAT WE HAVE DONE
We have established in law a We have supported schools Youth Advisory Panel We undertook an Island-wide to establish panels of
[click here] whose role is to survey to give all children children and young people,
provide advice and assistance to and young people on the Island and we have provided
the Commissioner for Children an opportunity to share resources to support them and Young People, giving their views. to be able to share their
them a strong voice. views and be taken seriously.
We surveyed 2,142
We have made formal 20 children, young people, and
submissions to more than adults in Jersey, to assess the main
Government and Scrutiny reviews. issues that affect the younger
6 generations. 7
WHAT YOU TOLD US IN 2018
Last year, we published a 4-year plan, which is available here.
Our plan set out our 3 main aims:
Make young people f16-year eel -olds
- DRIVING CHANGE We will develop and embed a culture of children's and young people's rights. like their vieVery few ws are important
take part in elections.
- DOING IT THE RIGHT WAY We will be strong, resilient and inspiring as we protect and promote and that we have our voices
children's and young people's rights. heard, not just in school but
- PROVING IT CAN BE DONE We will make sure children's and young people's rights are at the centre 89% of children think it Jersey as a whole. We don't get
of Jersey's laws, policies and practices. is important to understand enough information about Only 20% of young people
our government and voting,
and when we do its often not know what rights they have In the summer of 2019, for Young People and Children (we completed Jersey) Law came into force,another very important click herepiece of . work. This law gives the The Commissioner presented in a way that interests under the UNCRC.
their rights.
Commissioner all of the powers and protections she needs to do her job in Jersey. us. It means that we may not have
Writing the law and then seeing it through the various stages of political debate and Scrutiny was In 2018 just 9 schools had our opinion heard when decisions
which affect us and our future are
a task that took many months to complete, but the effort was worth it: the law we now have is registered for the UNICEF Rights being discussed in the States. It's [school] a more recognised as one of the best in the world. Respecting Schools Award.
positive place – we work together more, and teachers
To get an idea of the standards that the law sets for us, and the different ways in which we tell us the reasons why and have met those standards, check out our Law Mapping' exercise, click here. Childrabout their righen aren't taughts. t link it back to rights.
We are now working towards an even bigger legal goal: something that is officially known
as 'incorporation', which means making children's rights a reality by writing them into law
in Jersey, making them more accessible. We have been working with the Government of Jersey on incorporation - for both a simple summary and a more-in-depth paper on the subject,
see our submission to the recent Government consultation, click here.
WHAT WE HAVE DONE
Data shows a change in pupils knowing about their rights and feeling empowered to create change for
themselves and others.
We provided funding for all 37 schools are now
schools in Jersey to take part taking part in the scheme. 55 teachers have attended in the Rights Respecting Data shows a change in pupils a total of seven separate Schools Award. knowing about their rights and training sessions.
feeling empowered to create
change for themselves and others.
We work with more than60 different The law we now have organisations, ranging from government
is recognised as one of the departments and regulators through to
best in the world.
charities and youth services.
OUR WORK Other areas of our work are: reviewing policy; undertaking and commissioning new research; and providing advice and challenge to the Government and other organisations that work with children and
One of the things children and young people in the Island have told us many times, young people.
both in person and through our survey, our panel work and our various online dialogues, By carrying out our own reviews of policy,and by commissioning and participating in unique, independent
is that they would like to know more about children's rights and the UN convention that research, we are able to ensure that the rights of children and young people are at the heart of laws, underpins them. It is also a duty of our office to ensure that this happens. policies and practice in Jersey. To get a feel for how this work is done, see the Policy and Research'
section of our website, click here.
This is why, in 2018, we decided to launch a major Island-wide Rights Respecting Schools' (RRS) award
scheme. For full details of that scheme, the reasons behind it and some of the success stories that have We have used our findings and conclusions to provide advice and make recommendations to the Government come out of it, click here and here. of Jersey and to States Scrutiny panels and affiliated bodies. You can find the advice and research that we have
published, click here.
Put simply, though, the RRS scheme is a UNICEF award programme that allows schools to achieve bronze,
silver and gold certificates, as they work to become ambassadors for the rights that are set out in the UNCRC. We have also provided training to those who are designing Government policies that affect children and
young people. Similarly, we give our views and submit evidence, where appropriate, to external reviews When Deborah arrived in Jersey in 2018, only nine schools were taking part in the scheme. By the end of that are looking at how well Jersey's Government-run services for children and young people are functioning.
2019, there were 37. Of those 37 schools, 18 had achieved the Bronze stage, 8 had attained Silver and
1 had completed all the way to Gold. The remaining ten schools were registered and had begun working Joining up with the UK and Europe
towards Bronze.
During the past two years, we have managed to get membership to three very important organisations:
• British and Irish Network of Ombudsman and Children's Commissioners (BINOCC), click here.
• European Network of Ombudspersons for Children (ENOC), click here.
• European Network of Youth Advisors (ENYA), click here.
This has allowed us to work with partners in more than 30 countries and ensure that Deborah and her team can keep up with the latest information and the best ways of working. It also strengthens the power of our office because it means that, when we are championing the voices of children and young people in Jersey, we are not alone: we have friends and supporters from all over Europe backing us up.
We initiated28 schools to 1 20+ We have represented Jersey We have worked with 30 start the Rights Respecting school has achieved the Gold at more than 20 international seminars, partners in more than
Rights Respecting School' award. conferences and events. countries.
Schools' award scheme.
CASES AND ISSUES WHAT YOU TOLD US IN 2018
We have already looked at how our Island-wide survey, and our focus on 11% of these instances
involved pupils with special international minimum standards , help us to decide which issues to work on. educational needs.
Another factor that influences this decision is the casework that comes to us
throughout the weeks and months.
When we talk about casework', we mean the times when children, young people and the adults who are I think there should be equal
responsible for them contact our advice and support team to discuss any problems and challenges that opportunity for schools that you In the academic year 2018/19
they may be facing. For more information on how this service works, see the Advice and Support section don't pay to attend. there were 1,033
of our website, click here. instances of children being
Often, people contact us when they feel that they have tried every other avenue of enquiry but are still excluded from the classroom
not receiving the help that they need or believe they are entitled to. in Government schools. The whole education needs
[Give] More help if children to be updated with the Alanonymous data herel kinds of issues have come t – but for the most part, we have found that o light in our casework – we have published are struggling in school. input of students.
Government-funded services for children and issues involving
education have been at the heart of most enquiries.
WHAT WE HAVE DONE
Held a learning workshop Launched our Launched the UNICEF Advised the Education on adverse childhood Children out of the
Rights Respecting Minister on experiences. Classroom' project and Schools Award. education reform. Undertook research on
school exclusion.
We have dealt with a new case every
other day since opening our doors in All kinds of issues have come to January 2018. light in our casework.
RECOMMENDATIONS WHAT YOU TOLD US IN 2018
In future years, our annual report will be where we publish formal recommendations 56% of young people don't
to Government that have resulted from any reports, research and investigations know or aren't sure about which
that we have carried out during the year. However, given that our powers under 263 young people services can help them when CAMHS report that
the law were only granted towards the end of 2019, we will not be making formal said they had felt sad they feel sad or worried. 1 in 10 recommendations in this first report. almost always' or often' during children in Jersey aged
What we can present instead are a number of pieces of informal advice the previous month. between 5 and 16 has a
and recommendations that we have made along the way during the past mental health problem.
two years. These can be found here. 59%of adults and If young people are feeling
A recent example of this ad hoc work was the strong recommendations that professionals felt that young as if they have no one to speak
we made to Government about the policy they are developing on carers should be a priority for the to they should be reassured that
migration. We want to make sure that any new rules about people's rights work of the Commissioner. there are people/counsellors Work to remove the stigma to live and work in Jersey are completely fair for children who might find available to talk. There is a huge towards mental health that may themselves involved in these decisions. stigma around going to see be a driving factor as to why
a counsellor, however having people that need help don't tend Make sure children somebody to vent/confide in can to reach out from the fear
know who they can talk to if be the best thing for them. of being judged.
they are upset or sad.
WHAT WE HAVE DONE
We gave evidence to the We shared the views We have supported We have supported Redesign of the children of children and young Youthful Minds to young carers to develop and young people's people at the Scrutiny continue the campaign a Young Carers' Card
emotional wellbeing & public hearing for the to change public and to have their mental health review' Mental Health review, attitudes and reduce voice heard.
to speak up for children and children's views stigma about
and represent their were reflected in the mental health.
views to Government. final report.
Having listened to the environmental concerns of children We want to make sure that any new and young people, we produce only the bare minimum rules about people's rights to live
of printed literature. Most of our work (like this report) is and work in Jersey are completely fair published online. for children.
2020 has not turned out to be the year that any of us had expected. The global effects of the Covid-19 pandemic have forced businesses, government agencies and charities to completely rethink what they are doing and how they are doing it. Our office is no exception to that. Most of our work in the past few months has been dropped so we can join the effort to make sure that children and young people's rights and general wellbeing are not suffering as a result of what's going on.
We're not sure yet what this is all going to mean, in terms of areas we'll need to do further work on, but our recent survey (concluded in May 2020) had responses from more than 2,100 children and young people. This will help us get a better idea of where to concentrate our efforts in the coming months.
Some of the international projects we had already begun, such as the UN Day of General Discussion and the ENYA participation project, have already been cancelled due to travel restrictions and various other Covid-related disruptions. However, we are hopeful that, over the coming year, we may still be able to see through some pieces of work that we are nearer to completing. A few examples are listed below:
Child-friendly justice:
The Government has commissioned a review of the way it treats children and young people who have committed crimes. We, in turn, will expand on the findings of that review and add certain recommendations
of our own. We will also be looking at the minimum age of criminal responsibility, which is currently set at ten years old in Jersey.
Life on the Rock':
A project undertaken in partnership with the internationally respected Centre for Child Rights at Queens University Belfast. Life on the Rock' will look at 18 case studies of children and young people in Jersey
who have experienced life on the Island in a wide variety of ways. The project is being steered by three advisory groups of local children and young people.
Incorporation – legislative gap analysis:
Produced in collaboration with Swansea University's Observatory on Human Rights of Children, this piece of research will be an in-depth look at chunks of existing Jersey law, determining how compliant they are
with the articles of the UNCRC.
ACCOUNTS
The money we use comes from you, the public of Jersey. As with any organisation that is funded by taxpayers' money, we have certain rules and regulations that we must stick to. These are things like agreeing a Framework Agreement with the Government of Jersey, to ensure that we are able to operate without fear or favour.
To see that in detail, click here.
We must also publish an accountability statement, as well as our full accounts. However, since our accounts are currently approved through the Government of Jersey's external audit, these have been subjec to delay due to the pandemic. We have published everything we are able to produce ourselves, and will continue to add detail as it is supplied to us. You can find these here.
It is also important that people know where to make a request should they have a complaint about our office or if they wish to access personal data about themselves that is held by this office. Again, all the necessary information about this is publicly available on our website hereand here.
The money that we spend every year is mostly to cover the costs of employing people to help us tackle the large volume of work that a Children's Commissioner's Office needs to do. However, since we also spend what we can spare on helping partners in health, education and youth organisations achieve some of the goals they have set for themselves in improving young people's lives in Jersey.
We initiated28 schools to 1Righschool has achiets Respecting Schoolved the Gold ' award. 20+ Wacont more hafervences and ee than 20 ine representved Jersetenernats.tional seminarsy , Wpartners in manaround the we have workorlded with y coun. tries start the Rights Respecting
Schools' award scheme.
For advice, resources and information on all aspects of our work and on child rights more generally, visit our website or follow us on @occjersey
To contact us,
email contact@childcomjersey.org.je
Office of the Children's Commissioner for Jersey, Brunel House ,
3 Old Street, St Helier JE2 3RG
Children's Tel: 01534 867310 Commissioner Email: contact@childcomjersey.org.je 18 for Jersey www.childcomjersey.org.je