Summary of Progress: responding to the Independent Jersey Care Inquiry – January 2020

2020  R.9

SUMMARY OF PROGRESS

Responding to the Independent Jersey Care Inquiry

January 2020

Contents

Purpose: .....................................................................................Page 3 Background: ...............................................................................Page 3 Governance of Government Response (2017 - 2020): .................Page 4 Programme Management: ................................................Page 4 Ministerial Decisions to allocate Contingency Funding: .....Page 4 Political Scrutiny – Care of Children Review Panel: ............Page 5

Appendix 1: Summary of Progress by Recommendation Recommendation 1: Establishing a Children's Commissioner: ....Page 7 Recommendation 2: Giving children and young people a voice: ..Page 8 Recommendation 3: Independent Inspection: .......................... Page 10 Recommendation 4: Workforce: .............................................. Page 11 Recommendation 5: Corporate Parenting: ............................... Page 13 Recommendation 6: Legislative development: ......................... Page 14 Recommendation 7: The Jersey Way: ...................................... Page 15 Recommendation 8: Legacy: ................................................... Page 17

Appendix 2: Government Response to Specific Considerations:

Two Year Review: 2019 ............................................................. Page 21

Appendix 3: Table 2 Quick reference Care Inquiry headline recommendations ................................................................... Page 29

Purpose

This report provides a Government of Jersey response to the Independent Jersey Care Inquiry Panel Report Two-Year Review 2019 (R.123/2019). The Ministerial responses to the panel's individual observations regarding each of the eight headline recommendations set out in the Independent Jersey Care Inquiry Report (R.59/2017), are described in Appendix 1 at the end of this report.

Background

The Care Inquiry took approximately three years to complete from its launch on 3 April 2014[1]. The findings and recommendations of the Independent Jersey Care Inquiry were published on Monday, 3 July as R.59/2017: Independent Jersey Care Inquiry Report.

The Care Inquiry report made eight headline recommendations, a summary table of the recommendations are set out in Appendix 2. The Care Inquiry's Final Report identified individual and systemic failings and made recommendations for the future management of Jersey's residential and foster homes, to ensure that the Island provides a safe and secure environment for the children in its care.

The Chief Minister at the time made it clear in his public response to the Care Inquiry that he accepted the eight headline recommendations and asked for a Government implementation plan to be presented to the States Assembly in October the same year.

The subsequent Government report was lodged as a proposition by the Council of Ministers to the States Assembly[2]. It was debated in-committee following a request to do so by the Care of Children in Jersey Review Panel. The report described a comprehensive programme of delivery arising from the eight recommendations. It was acknowledged that the broader cultural changes identified by the Care Inquiry, which are crucial to underpinning and sustaining any future changes, go beyond the timescale for the preparation of the report and two-year timeline for the Panel's return.

Introduction

There has been a significant amount of work across government to respond effectively to the recommendations of the Care Inquiry. Many of the steps have been incremental, but in the direction recommended by the Care Inquiry Report. There remains much to do. Future delivery of existing priorities via the Government Plan represent the agreed approach to continue to build and consolidate on the hard-won improvements made to date.

The question posed by the Panel to the public in conducting their two-year review was: Are children safer now in our system than two years ago?' During gathering evidence, the Panel met with over 200 people in Jersey and received inputs from experts and others working with organisations in Jersey and from many members of the Jersey public. In addition, the Panel received extensive documentation on the changes taking place in Jersey's public services and their outcomes.  

Between 21 and 24 May 2019, the Panel held round table discussions each day with politicians, professionals, care-experienced people and voluntary organisations at St Paul's Centre. These discussions were open to the public and media.

The Panel publicly presented their published findings on 23 September, 2019. On the same day, the Two-Year Review Report (R123/2019) was lodged with the States Assembly.

Governance of the Government Response (2017 – 2020)

Programme Management

The Care Inquiry Programme Board was established in 2018 to provide strategic leadership and ensure the headline actions, endorsed by government in its response to the Care Inquiry, were progressed and achieved. The Director General for Strategic Policy, Planning and Performance (SPPP) Chairs the Board, with a focus on reviewing progress reports from projects leads using PERFORM reporting software, and provides oversight on risks, issues and mitigations for each project. The Chief Executive is the programme sponsor.

Ministerial Decisions to allocate contingency funding

The Government response to the Care Inquiry was assisted by prompt Ministerial Decisions to allocate contingency funding ahead and immediately after the publication of the Care Inquiry Report. Funding in the Medium-Term Financial Plan (MTFP) 2016-2019 included the allocation of £1.65 million per year from Central Contingencies for initiatives that support vulnerable children (£4.95 million in total over the period from 2017 to 2019).

A number of priority areas were able to receive investment ahead of, and immediately after, the publication of the Care Inquiry report, each requiring a Ministerial Decision, as detailed below:

• November 2016: The Council of Ministers agreed to allocate a proportion of those contingencies' monies to priority projects (totalling up to £2,260,650 over the period from 2017 to 2019). These projects were considered a priority, as they were time critical. Investment led to the development of a Sexual Assault Referral Centre, increased capacity in the Police Public Protection Unit, enhanced MASH resource and initiating a robust Early Help service response to support children and families

• May 2017: Further investment was allocated to preventative programmes with additional resource allocated to Family Support Workers and establishing a Universal Baby Steps Programme delivered by Health Visitors

• July 2017: The remainder of the contingency allocation was approved following the Care Inquiry publication. Areas of investment included, additional capacity for the Youth Enquiry Service, more nursey placements for children with special educational needs and establishing a Parent Infant Psychotherapy Service.

Other funding

• March 2017: The Council of Ministers agreed to request the Minister for Treasury and Resources to make available up to £800,000 from Contingencies to meet the likely immediate costs identified by Departments following publication of the Panel's report. The Council also agreed that certain costs (mainly for archiving) could be met from the £23 million made available for the Inquiry

• July 2017: following the publication of the Care Inquiry Report, Central Contingency funding of up to £675,000 in 2017 and up to £590,000 in each of the years 2018 and 2019 was requested by the Council of Ministers to be released in order that work could begin to establish a Children's Commissioner. The Minister for Treasury and Resources made these funds available in July 2017, which enabled the process to appointment a Children's Commissioner to commence during the summer.

Government actions responding to the Care Inquiry Report were set out in P.108 on the 31 October 2017. The additional investment to support the action plan was estimated at £2.9million by the end of the current Medium-Term Financial Plan in 2019. Following Ministerial approval, a costed delivery plan was implemented with oversight from the Care Inquiry Programme Board, which endorses requests for allocation of contingency via the Treasury Minister. The Children's and Treasury Ministers worked together to agree a reallocation of remaining funding in early 2019, where the previously approved funding was slipping, for example due to recruitment difficulties. This ensured that all approved funding was allocated appropriately.

Political Scrutiny - Care of Children Review Panel

The Chairmen's Committee agreed to establish a Care of Children in Jersey Review Panel in September 2017[3]. The Chairmen's Committee agreed the terms of reference for the Panel, which included:

• to examine the policy of the Council of Ministers in relation to the eight core recommendations made by the Independent Jersey Care Inquiry Panel (IJCI)

• to consider the recommendations contributed to the IJCI by members of the public and stakeholder organisations in Jersey (659 individual recommendations grouped into

11 categories by the IJCI Panel) and examine the policy of the Council of Ministers to those matters

• to scrutinise all legislation arising from the recommendations made by the IJCI.

At the end of its term of office, the Panel published a Legacy Report outlining further areas of consideration prior to the 2018 election[4]. The Chairmen's Committee agreed to re-establish a Care of Children in Jersey Review Panel in August 2018, following the general election. The Review Panel has subsequently published two Reports on the response to the Care Inquiry (December 2018[5] and November 2019[6]).

Looking Forward 2020 and Beyond

The Care Inquiry Panel have made it clear that they will not be returning to the Island to review and report on progress in the future. The panel challenged Government to identify effective approaches to maintain robust challenge previously provided by the Panel. There are three distinct arrangements now in place that can provide enduring mechanisms for positive change and continued improvement in all services for children.

Firstly, important new independent entities have been established in law, including the Children's Commissioner and the Jersey Care Commission. A key function of these independent bodies is to continually examine, review and challenge to improve services and outcomes for children. While it's early days, it's clear that both entities are having a positive impact on the lives of our children.

Secondly, a critical part of the work to implement changes following the Care Inquiry Report has been the public challenge provided by the Care of Children Review Panel established by the States Assembly. The work of the panel will become even more important in the future in the scrutiny and public examination of progress against the recommendations made by the Care Inquiry.

Thirdly, the extension to Jersey of the legal obligations of the United Nations Convention on the Rights of the Child, provides a robust international framework to monitor progress in relation to children's rights. As part of this obligation, Jersey is required to report periodically to the UN on progress regarding the implementation of the Convention. In response, the UN Committee invites the overall British delegation to a day of constructive dialogue and subsequently publishes concluding observations' to note key developments and highlight any areas of concern.

Appendix 1: Summary of progress by recommendation

Recommendation 1: Children's Commissioner

Establishing a Children's Commissioner

The Children's Commissioner took up her post in January 2018. The role existed in shadow form during the development of policy and legislation. A working group to develop the draft law was led by the Head of Children's Policy from SPPP and included the Policy Advisor from the Children's Commissioner's Office and a Legal Advisor from the Law Officers' Department.

The Minister for Children and Housing lodged the Draft Commissioner for Children and Young People (Jersey) Law 201-, in February 2019[7]. The draft law was subject to a number of amendments, and was debated and endorsed by the Assembly on 30 April[8]. The Law subsequently came into force in July 2019.

The primary policy objective of the Law is to establish a Children's Commissioner for Jersey with sufficiently comprehensive functions and robust powers to act as a champion for the rights of children and young people in Jersey.

The Jersey Children's Commissioner has successfully become part of the British and Irish Network of Children's Commissioners. Discussions with representatives from the Guernsey Government, as to how best to extend the role of Children's Commissioner, are ongoing and the Children's Commissioner has visited Guernsey on several occasions.

Progressing models of incorporating UN Convention on the Rights of the Child

In 2014, Jersey requested the UK to extend ratification of the United Nations Convention on the Rights of the Child (UNCRC) to the Island. Jersey is bound by international law to respect, protect and promote the rights guaranteed in the UNCRC for all children resident in Jersey, and is subject to the monitoring and reporting processes of the United Nations Committee on the Rights of the Child (the "UN Committee").

In 2017, the States Assembly supported a proposition (P.63) lodged by Deputy Doublet that requested the Chief Minister and the Children's Commissioner to bring forward proposals for the incorporation of the UNCRC[9]. The convention is an internationally recognised system of children's rights, which has been incorporated by a growing number of progressive states to form the foundation of domestic children's law and practice.

In September 2018, the Council of Ministers considered the different approaches presented to them to incorporate the convention. The Council supported a Due Regard' model in the first instance and requested an assessment of the impact of direct incorporation ahead of further consideration before the end of the current Assembly. A paper outlining a proposed policy approach to Due Regard' was presented to the Council of Ministers in early October 2019, followed by a public consultation on proposals at the end of 2019. It is intended that law drafting commences in 2020 with an aim to debate draft law at the end of the same year.

Recommendation 2: Giving children and young people a voice

During 2017, a group of children and young people were supported to work with a number of key stakeholders from Schools, Youth Services, Community Services and Voluntary Sector representatives to identify together effective models of participation and engagement. During the workshops, examples of good practice were reviewed, and participants explored ways in which children and young people could be engaged more effectively to express their needs, views and wishes with local decision makers. The workshops were the catalyst for several service developments identified below.

Jersey Youth Connect

Following the workshops held in 2017, Jersey Youth Service continued to engage and develop ideas about different models of a local Youth Parliament with young people. Resources have been committed during 2019 so that the governance and operational procedures can be developed in partnership with young people to establish a Youth Parliament. In addition, key relationships with the States Assembly and Scrutiny are also being explored and agreed. The work will ensure the delivery of Ministerial commitments to Children's Voice as set out in the Common Strategic Policy[10].

Student Council Network

In 2017, the Principal Educational Psychologist launched the Student Council Network. A student council introduces an effective model of support; guiding staff and students to nurture the right conditions for voice and participation' to occur.

The vision for the network is for every student attending a Jersey school to be able to participate in, and be supported by, a student council, enabling students to voice their opinions and be involved in decision-making processes. Every student council will function in accordance with a set of key principles, operate at both a school and Island-wide level, and enable the voice of students to interact directly with future Island-wide initiatives.

The schools included in the network are supported to review their student councils against best practice and continue to build a school environment that recognises and promotes opportunities for student voice and participation. The network now supports every Primary School Council in the Island with a termly gathering of school council representatives who meet and share issues on a termly basis.

Children's Rights Officer

During 2018 a recruitment process was completed which led to the role of a Children's Rights Officer being introduced to Children's Services[11]. The role is focused on empowering and supporting Looked After Children and Young People to realise their rights as described in the UNCRC. The role plays a key part in ensuring children and young people's professionals hear young people's voices, experiences, and that they have a meaningful involvement in decisions made about their care.

Independent advocacy and participation

Alongside the Council of Ministers response to the Care Inquiry, a group of leaders from the Community and Voluntary Sector began to meet to discuss how best to respond collectively to the Inquiry findings and address the challenge of learning from care-experienced young people.

The group successfully organised an exchange trip to Edinburgh to learn more about how children in care are looked after in the Scott ish care system. Among the delegation that was received by the Scott ish Minister Maree Todd was the then Chief Minister, Senator Ian Gorst , Chair of the then Care of Children in Jersey Review Panel, Deputy Sam Mézec , and a group of care-experienced young people from Jersey. The Children's Commissioner and the Managing Director of Children's Services also joined the visiting group.

On their return to Jersey, the same group of Voluntary Organisations and Directors met to build on the learning gained from the Edinburgh visit. This led to this piece of scoping work being undertaken between May and October 2018 and published in March 2019[12].

The scoping report reviewed previous experiences of care-experienced people in relation to advocacy and identified a model of advocacy and participation with children and young people's experience at its centre. The report was launched by a new and emerging Jersey charity called Jersey Cares'. The charity has received resources and political endorsement from the Government of Jersey to develop and deliver the service model set out in its report. Jersey Cares' continues to build a network of supporters, capacity and experience across adults and young people with care- experience. The final contract for the Jersey Cares participation and advocacy service was completed in December 2019.

Recommendation 3: Independent Inspection

Establishing Independent Inspection

During 2018, there was a further public consultation on the regulations for Independent Inspection, drafted under the Regulation of Care (Jersey) Law 2014. Subsequent endorsement by the States Assembly enabled routine Independent Inspection to commence from May 2019[13].

Jersey Care Commission inspection of Children's Services

The Care Inquiry stated that children may still be at risk in Jersey and that children in the care system are not always receiving the kind or quality of support they need. In August 2017, the then Chief Minister made a formal request to the Chair of the Jersey Care Commission to procure an independent and detailed investigation in response to the concerns identified in the Care Inquiry report.

The Jersey Care Commission subsequently engaged the Office for Standards in Education, Children's Services and Skills (OFSTED) to undertake an inspection of children's social work services. In September 2018, a report of the findings from the Care Commission inspection was published[14]. This led to a programme of improvement within Children's Services.

A follow up report arranged by the Jersey Care Commission was completed by OFSTED was published in November 2019 describing the areas of progress made and observations for further work and development[15].

Recommendation 4: Workforce

Recruitment and retention

A local and international recruitment campaign, Let's Be Honest,' was designed and delivered to recruit social workers. The campaign consists of a managed microsite, recruitment fair attendance and a series of recruitment centres held in Jersey[16]. The aim is to recruit more social workers to permanent contracts to reduce turnover and agency costs. In 2019, Jersey was present at national social work recruitment events in Manchester, London and Birmingham. With over 400 enquiries, a new permanent senior team has been recruited and as of October 2019, 22 new social work recruits will have joined the service as a result of the campaign. A workforce board was established to manage retention of staff and support the delivery of a longer-term recruitment and retention strategy.

Key worker accommodation

In 2018, the Control of Housing and Work (Exemptions) (Jersey) Order 2013 was amended to allow co-habiting partners of distinct groups of key workers (nurses, midwives and social workers) to be exempt from employment controls. This has also been extended to children (aged 18 to 25) of key workers and their co-habiting partners.

The housing consultancy firm Altair Ltd. was commissioned to undertake research and provide possible solutions to solve the Island's long-term key worker accommodation issues. They produced a phase one report that is now published. A phase two report has been initiated by the newly formed Housing Policy Development Board.

Ministerial endorsement has been secured to enable Andium Homes Ltd. to provide accommodation for key workers at Plaisant Court. A Ministerial Decision was signed in autumn 2018 enabling 48 units of accommodation to be used by key workers. Commencing in October 2019, the intention is to enable Andium Homes Ltd. to deliver 90 further units of accommodation that will be available to key workersat Hue Court.

Work is ongoing to transfer all residential properties currently owned and managed by Health and Community Services and the Department for Children, Education, Young People and Skills to Jersey Property Holdings.

On-Island social work training

A new BA Social Work Degree commenced in Jersey at Highlands College[17] . The course was a new partnership with the University of Sussex, who will be co-teaching the course with a local team of lecturers during the first three years of the course. The course commenced in September 2019 with a full cohort of 15 students. It is anticipated that Jersey will have its first group of locally trained and qualified social workers in the summer of 2022.

Reviews of service areas

Youth Justice Review: As part of the response to the Care Inquiry, the Government committed to a review the Youth Justice System. The work was led by two external reviewers: Professor Jonathan Evans, of the University of South Wales (Lead author) and Dusty Kennedy, Chair of the Youth Justice Board Cymru, and supported by an on-island internal review group. The final report was signed off by the review group in October 2019 and its findings presented by the Director General for Justice and Home Affairs to the Corporate Strategy Board in March 2019. Its recommendations were agreed in principle by the Council of Ministers on 8 May 2019. Resource to assist the implementation of the recommendations were endorsed as part of the Government Plan.

Review of Greenfields: In January 2019, a review was completed into the Greenfields Secure Residential Unit[18]. The timing of the review allowed the findings of the Youth Justice Review to be included in this project.

Review of fostering and adoption: In August 2018, an external review of the fostering and adoption service was completed. The review's aim was to provide a short, but intensive, solution-focused review of the functionality and efficacy of components of the fostering and adoption service. Together with the design and possibilities for a level 4 (Specialised Foster Care) programme.

Review of bullying and harassment in the workplace: The States Employment Board met on 27 July 2017 and requested a comprehensive review of the issue of bullying and harassment in the workplace. Subsequently, The HR Lounge' was appointed on 18 October 2017 to undertake a review of bullying and harassment.

A redacted version of the report was published following a Freedom of Information Request on 18June 2018. Information supplied in confidence by the team performing the independent review was also redacted in accordance with the Law[19].

Workplace culture: The Government of Jersey has described its ambition for all Islanders to enjoy a good quality of life, in a fair and balanced society, sustained by a prosperous economy and outstanding, modern public services.

Central to realising this ambition is the creation of Team Jersey, which is a significant and long-term programme, focused on building a positive workplace culture across all government departments. Part of its remit involves embedding and supporting the attitudes and behaviours that enable people to be confident and skilled in their work and feel inspired to deliver excellent services to islanders.

The Team Jersey Programme Phase One Report[20] (April 26t 2019) set out the findings about the organisational challenges and barriers, insights into the prevailing culture both positive and negative, and the recommendations for the future work of the Team Jersey Programme.

Social work practice development: As part of the planned programme of practice improvement, learning and development the Government has partnered with the Social Care Institute for Excellence. Together the Institute and the Service will focus on developing a single model of practice, as well as the delivery of workforce training to establish a high-quality children social work service. The partnership will also allow local practitioners access to a wider set of national learning networks across the UK.

Recommendation 5: Corporate Parenting

Public pledge - Putting Children First

The Putting Children First Pledge' was launched as part of the public commitment to children[21]. The pledge was adopted by Ministers, Assembly Members and the most senior officers in public service. The pledge was sponsored by the Minister for Children and Housing, a new Ministerial position created following the 2018 elections.

In 2019 the pledge was extended to an Island-wide audience with an invitation to the public to sign up to Putting Children First'[22]. The pledge will be used as the key reference point to promote key Government and Public milestones concerning children in the future.

Corporate Parenting Policy Framework

The Corporate Parenting Policy Framework was agreed by the Council of Ministers in late 2018. It gave a mandate to the setting up of a Corporate Parenting Board with specific terms of reference that included holding officers to account for a Corporate Parenting Strategy. The Board had its inaugural meeting in March 2019 and has had oversight of the progress of the Government's priorities for Corporate Parenting.

Children's Plan

The Children's Plan was developed over an 18-month period using a range of participative approaches that enabled children and young people to assist in setting the priorities contained within the plan23,24. The plan describes one vision, four headline outcomes and sixteen indicators. The plan was agreed and signed off by the Council of Ministers in late 2018 and publicly launched in March 201925.

A Children's Strategic Partnership Board was established and met for the first time in February 2019. The Board is chaired by the Minister for Children and Housing, who has oversight of the plan as it moves into the implementation phase. Priorities identified within the Children's Plan are consistent with those identified in the Council of Ministers Common Strategic Policy (2018-22) and the Government Plan 2020-2023.

States Members duties

The Privileges and Procedures Committee lodged a proposal in March 2018 (P.71/2018)[23] that brought forward plans to put in place additional specific duties of States Members within the current Oath of Office. This proposal required members, amongst other things, to undertake these duties with particular regard to the most vulnerable members of the community, including the Island's children and other people for whom the States of Jersey has a duty of care'. This proposal was withdrawn following the election of a new government and a change in the composition of the Privileges and Procedures Committee in 2018.

As part of their induction, the Bailiff invited all newly elected States Members to attend a training session on children's safeguarding and children's rights in May 2018. The Privileges and Procedures Committee has subsequently agreed to run more training scheduled for 2020.

Recommendation 6: Legislation development

The Children's Legislation Transformation Programme was approved and published by the Minister for Children and Housing on 20 December 2018 and will underpin the policy focus of government, practitioners and citizens to make Jersey the best place for children to grow up[24].

In the first phase of the programme, policy relating to vulnerable children and young people has been prioritised in areas such as Children in Need, Care Leavers and Corporate Parenting. Following the Youth Justice Review, related policy will be brought forward which reflects the Review's welfare and rights-based recommendations to Youth Justice. Wider family policy and law matters are also being progressed, which include introducing no-fault divorce, raising the minimum age of marriage and extending civil partnerships to all.

Further to the States Assembly endorsement (15 January 2019) to repeal Article 79 Children (Jersey) Law 2002, amendments to the Law were approved by the States Assembly in December 2019, coming into effect in early 2020.

Underpinning the legislative transformation process is the Government's commitment to incorporation of the UNCRC. Policy work will be progressed during 2019 that brings forward a duty on Ministers to have Due Regard' to the convention. Similar legislation exists in Wales (Rights of Children and Young Persons (Wales) Measure 2011).

Recommendation 7: Jersey Way

The Care Inquiry observed two different uses of the term, the Jersey Way'. Firstly, a positive use, describing a strong culture of community and voluntary involvement; and secondly a negative connotation describing a perceived system of secrecy, lack of transparency and a lack of openness leading to a lack of trust, a fear factor', and a perception that serious issues are swept under the carpet and people escape being held to account.

A range of actions have been progressed to better understand the views, concerns and needs of the whole community and across government and public institutions in respect of our system of governance and where approved by the States Assembly, implement outstanding recommendations of the Clothier and Carswell Reports in relation to the separation of powers and establishment of a Public Services Ombudsman.

States Assembly – Separation of Powers

In 2017, the States Assembly adopted P.84/2017[25], which was lodged by the former Chief Minister and amended by the Privilege and Procedures Committee (PPC)[26] and former Senator Bailhache [27]. By adopting the proposition, the Assembly agreed to elect its own Speaker and Deputy Speaker at its first sitting in 2019, subject to a referendum on the role of the Bailiff as President of the States. In April 2018, the PPC lodged the required Referendum Act[28]. This was rejected in July 2018 and, consequentially, P.84/2017 fell.

Early in 2019, Senator Mézec then lodged P.31/2019[29], which was essentially the same as P.84/2017. This was amended by the  Connétable of Grouville to the same effect as the Bailhache amendment to P.84/2017. Senator Mézec then withdrew P.31 before a final vote could be taken on the proposition.

In April 2019, the Chief Minister lodged his own proposition on the subject: P.47/2019[30] which was designed to offer a compromise in addressing the perception of a conflict of interests in the role of Bailiff as President and Assembly. The proposal was rejected by the Assembly.

Administrative redress

Public Sector Ombudsman: The Jersey Law Commission, following its 2016 consultation, published its Report[31] and recommendations on improving administrative redress in Jersey. The States Assembly approved in principle the idea of a Public Services Ombudsman to improve administrative redress across public services in Jersey.

The Jersey Law Commission undertook a research report investigating the best models for an Ombudsman scheme in a small jurisdiction. The report, Designing a Public Services Ombudsman for Jersey'[32] was published in October 2018.

There are many different types of Ombudsmen working within different sectors, for example: health sector, financial services, local government, property, pensions, removal industry, etc. What all Ombudsman services have in common is that they offer independent complaints resolution as an accessible alternative to the courts or other quasi-judicial processes, such as tribunals.

A public consultation on the different aspects of a Public Sector Ombudsman which are most appropriate to Jersey was launched in July 2019 and closed in October 2019. A report on the findings of the Public Consultation is scheduled for early 2020 and will help progress the development of this role.

Whistleblowing: The Government of Jersey launched a new whistleblowing policy[33] and an independent reporting telephone line in January 2019. The new policy encourages employees to speak out when they witness inappropriate activity, including concerns about patient safety, financial practice or other issues.

Independent regulation and offices: Established under the Regulation of Care (Jersey) Law 2014, the Care Commission came into being on 1 January 2019. Functions of the Care Commission include preparation and publication of standards for compliance, carrying out inspections of regulated activities and the serving of improvement notices on registered health and social care providers.  

Registration of charities: From May 2018, charities have been able to apply to become registered charities' on application to a new Charities Commissioner, established under the Charities (Jersey) Law 2014, with the intention of protecting public trust and confidence in charities.

Recommendation 8: Legacy

Recommendation 8a: Preserving and making accessible the inquiry archive

The cataloguing process began in January 2018 and is part of a major project to archive all the public domain documents from the IJCI to ensure there is full and open access to all members of the local and worldwide community. The project was completed by Jersey Archive at the end of 2019. Approximately, 10,580 public domain documents from the inquiry have been catalogued, indexed, checked for redactions and are now available online at: https://catalogue.jerseyheritage.org/

There have been more than 500-page views of the main inquiry page on the Jersey Heritage catalogue since April, when the Archive was made available online. The digital documents have been backed up on a digital preservation system for authenticity, file format migration and long-term storage. Discussion is ongoing as to the long-term preservation of the un-redacted archive, which is currently located at the UK Ministry of Justice and plans for the long-term preservation of this material are expected to be concluded in the first half of 2020.

Recommendation 8b: Remembering and recognising Jersey's child care history

A Citizens Panel was established to develop preferred options for a potential memorial. Officers worked with expert facilitators to recruit members of the public and survivors from the historic care system to be part of the Citizens Panel.

The Citizens Panel met for five days during May and June 2018. Their approach to the task and their recommendations for a four-part legacy were presented in their final report.[34] The Panel initially presented their recommendations to the Chief Minister during a private briefing on 24 June; their report was considered by the Council of Ministers on 4 July 2018. Ministers accepted the four high- level elements of the legacy (a memorial; Jersey Children's Day; help and support for survivors; and an Emblem), and asked that the means of implementing the legacy should be scoped.

Officers presented Ministers with a proposal for implementing the legacy described by the Citizens Panel on 28 November 2018, with Ministers instructing officers to take the necessary action. In order to progress the implementation phase, the Citizens Panel was re-convened until July 2019. From November 2018 onwards, the focus of the Citizens Panel sessions has been to progress each of the legacy elements as distinct but connected projects. Progress towards these is summarised below:

Memorial: A source of funding has been identified to design, fabricate and install the memorial recommended by the Citizens Panel. A consultant with expertise in commissioning public art has been recruited to support the Panel in developing a design brief for the memorial and to provide project management support. Details of an open competitive design process are currently being finalised and will be announced in early 2020.

Children's Day: A workshop was held in January 2019 for members of the Citizens Panel and professionals from across the children's system to progress planning for Jersey Children's Day. A Steering Group, comprising Panel members and appointed representatives from the Government, the voluntary sector and the Office of the Children's Commissioner, is now meeting regularly. The Group launched the idea of Children's Day in July 2019.

Help and support: The Citizens Panel is continuing to develop their thinking about the nature of the help and support they would like to see as part of this element of the legacy with support from officers and input from local organisations. Panel members will be visiting the UK to talk to people delivering these types of services and understand how they work and how they are funded.  

Emblem: The Jersey Children's Day Steering Group has held an inclusive competition for children and young people to design the legacy emblem. It was launched on 3 July 2019 through secondary schools, Jersey Youth Service and the media. The winning design is now being developed and will be used as the symbol for Jersey Children's Day and the other elements of the legacy recommended by the Panel.

Recommendation 8c: Redeeming the Haut de la Garenne site

In order to progress consideration of Recommendation 8c, the Council of Ministers determined that a public consultation should be held to consider the future of the former Haut de la Garenne site. This ran for ten weeks from 8 February to 22 April 2018. During the consultation, drop-in sessions were offered at community venues across the Island and two open days were held at the site. Two focus groups were also arranged to explore the arguments for and against demolishing the former children's home. Over 1,000 people participated in the consultation and 842 valid questionnaires were received. Overall 93.7% of respondents were opposed to the demolition of the former Haut de la Garenne site. The Council of Ministers considered the findings of the consultation in July 2018 and announced that the former children's home would not be demolished but that further work would be undertaken to secure the redemption of the site and identify its long-term future use.

Options for the future of the former Haut de la Garenne site and the adjacent Aviemore site were explored during 2019. Following engagement with the Citizens Panel, the Council of Ministers confirmed its preferred option in January 2020. An announcement will be made in February 2020 with key elements of the preferred option to include:

• Bringing forward a plan for a small housing development on the Aviemore site to meet identified needs

• Creating a legacy fund to benefit care-experienced Islanders, to be initially established using revenue generated by development of the Aviemore site

• Investing in the former Haut de la Garenne site to support provision of a high-quality outward-bound experience for children, young people and families.

Recommendation 8d: Care for witnesses after the inquiry

Government Redress Schemes: A redress scheme was launched in 2012 to provide compensation to people who suffered abuse in States of Jersey residential care from 1945 to 1994. There were 132 individuals who submitted claims to the Historic Abuse Redress Scheme. All claims have been settled in their entirety. Four claims were rejected and three were withdrawn by the claimants. The Council of Ministers agreed that claims that contained elements of abuse suffered in foster care could be admitted under the Scheme.

To date, the monies paid in relation to the Historic Redress Scheme (HARS) and associated matters are:

• total amount received by survivors of abuse from the scheme is £2,345,642

• lawyers acting for survivors have received £1,020,428.

A second redress scheme to provide financial compensation to people who, in the past, suffered abuse or harm while in States of Jersey care was launched on 1 July 2019[35]. The Government has allocated £6.5million to the scheme, which will be open to those who suffered abuse or harm while in States of Jersey foster care and residential care after 1994 or while at Les Chênes secure residential unit. The Redress Scheme will be open for applications for 12 months – closing on 30 June 2020.

Adult Trauma Informed Care Pathway: Many of the children of the historic abuse inquiry are still living on the Island and as adults are highly likely to have suppressed the traumatic memories of their childhood experiences. The everyday reporting of the Independent Care Inquiry has the unintended potential to re-open the trauma for these clients and they struggled with the psychological symptoms they were now experiencing.

Work to establish a care pathway for Complex Post Traumatic Stress Disorder has progressed since the publication of the Care Inquiry report. A cohort of clinicians from across a range of mental health services has already been trained in two evidence-based interventions specifically recommended for complex trauma presentations.

A business case for an effective and sustainable complex trauma pathway of care and network for adults in Jersey was submitted as part of the Government Plan 2020-2023, requesting the necessary resources to increase staffing capacity and capability.

Therapeutic services for children who have experienced sexual abuse: In Spring 2017, the NSPCC began delivering an innovative and evidenced-based new service to provide therapeutic interventions for children who have experienced sexual abuse. The service was planned and co- funded by the Government of Jersey and the NSPCC Charity.

Letting the Future In' focuses on creative therapies such as painting, drawing and storytelling; giving children an opportunity to talk about their experiences and to express themselves creatively. Delivered by social work professionals, individual sessions enable children to work through past events, and understand and move on from what has happened. Approximately 15 children a year have benefited from the service.

Prevention and awareness: In April 2018, The Jersey Safeguarding Partnership Board and NSPCC launched a campaign and new helpline to protect children from sexual abuse. The campaign encourages parents, carers and professionals to have conversations with children about how to stay safe from sexual abuse in an age-appropriate way. Work on a new helpline has developed the existing national Helpline to offer a more Jersey-focused response.

For the first time, trained staff will be available 24/7 via phone and online and will have access to a wealth of local information, allowing a greater level of community signposting. The helpline is free to call from Jersey and callers can remain anonymous if they wish. The aim is to encourage more people to contact the helpline at the earliest opportunity to explore any concerns they may have about a child's safety or wellbeing or to ask for advice and support.

Appendix 2: Government Response to Specific Considerations: Two Year Review: 2019

Appendix 3: Table 2 Quick reference Care Inquiry headline recommendations