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STATES OF JERSEY
CHILD RIGHTS IMPACT ASSESSMENTS
– PROPOSED GOVERNMENT PLAN 2024-2027
Presented to the States on 24th November 2023 by the Minister for Children and Education
STATES GREFFE
2023 R.174
REPORT
On 28 November 2023, the States Assembly will be asked to approve enactment of the Children (Convention Rights) (Jersey) Law 2022 from 1 January 2024, as it relates to Ministers, elected Members and States Assembly bodies.
Once enacted, the Law will require Ministers to demonstrate due regard for the rights of children and young people when making any decision about the formulation of policy in respect of a government plan relating to:
- proposed increases or decreases of States' expenditure under an existing or new head of expenditure;
- proposed new or revised revenue raising measures; or
- proposed measures to change the amount of contributions paid in accordance with the Social Security Law.
Ministers will be able to demonstrate fulfilling their due regard duty by preparing Child Rights Impact Assessments for relevant elements of the government plan.
Ahead of enactment and in keeping with the spirit of the new law1 the Minister for Children and Education has identified the following areas in the proposed Government Plan 2024-27 which should have a Child Rights Impact Assessment completed.
Capital Projects: Children, Young People, Education and Skills Estate:
- New secondary school at Mont à L'Abbé;
- New Youth Centre Le Squez and upgrade to Samarès school;
Revenue Expenditure Growth:
- I-CYP-GP24-001 Children's Social Care Reform: specifically resources required to staff and run 2 new registered Children's Homes;
- I-CYP-GP24-003 Investment in Young People Workforce participation programme: specifically provision for young people not in employment, education or training.
The Minister for Children and Education is committed to the progressive realisation of children's rights as required by the United Nations Convention on the Rights of the Child.
The Children (Convention Rights) (Jersey) Law 2022, once enacted, will further strengthen the commitment of the whole Council of Ministers to put the best interests of children and young people at the heart of government decision-making.
1 In its entirety, the Government Plan is exempt under Schedule 2 of the Children (Convention Rights) (Jersey) Law 2022 from the requirement to prepare a CRIA. The law instead gives Ministers the discretion to complete a CRIA for particular elements of their part of the Government Plan as expressed in Article 6(1). This policy position was adopted to ensure CRIA relating to a Government Plan would be progressed where appropriate.
Government Plan 2024-27
Child Rights Impact Assessments
- Mont à L'Abbé secondary school PART 1: SCREENING
Name and title of Duty Bearer: Deputy Inna Gardiner , Minister for Children
and Education
Type of Duty Bearer:
(Minister, Elected Member or States Minister
Assembly Body)
Assessment completed by (if not completed
Interim Associate Director, Education by duty bearer):
Date: 26 October 2023
1) Name and brief description of the proposed decision |
The subject of your CRIA may be a proposed law, policy or proposition and in |
accordance with the Law is referred to in this template as the decision' |
What is the problem or issue the decision is trying to address? |
Do children experience this problem differently from adults? |
The decision, described in the Government Plan 2024 to 2027.pdf is to increase investment in facilities, the significant projects within CYPES (Children young People, Education and Skills) including £23m for a new secondary school at Mont à L'Abbé. This will expand the Island's provision of care and learning for children with complex learning differences and disabilities, creating an environment tailored to their needs. The joining of the Secondary and Primary school into a single campus will create a specialised hub to accommodate learning from ages 0-19 as well as respite care. There is also provision to develop a hub to allow for delivery of a 19-25 years curriculum on the same campus. |
2) Which groups of children and young people are likely to be affected? |
Groups of children could include early years, primary or secondary education; young |
adults; children with additional learning needs; disabled children; children living in |
poverty; children from particular ethnic backgrounds; migrants; refugees; care |
experienced children and LGBTQ+ children |
Children from age 0 - 25 with complex learning differences and disabilities. |
3) What is the likely impact of the proposed decision on children and on their rights? |
Identify any potential positive OR negative impacts and include indirect impacts |
on children and their rights as described in the UNCRC |
Will different groups of children be affected differently by this decision? |
The impact will be positive in terms of the rights concerned. The decision will meet the following urgent and emerging needs: • Appropriate Accommodation enabling all children to have an education in a safe purposeful and secure environment (Articles 6, 28 and 29) • The setting will be registered with the Jersey Care Commission to ensure compliance with JCC guidelines including regular checks (Article 25) • The Accommodation will ensure that all health care needs are met ensuring that the dignity of all children is maintained (Articles 23 and 24) • The design of the accommodation will ensure both indoor and outdoor areas suitable for all children's abilities. (Article 31) |
4) Is a full Child Rights Impact Assessment required? |
If you have identified impacts on children and their rights, a full CRIA should be |
completed. If no impacts are identified then a Full CRIA is not required, but please |
explain your rationale and how you reached this conclusion |
Yes, a full child rights impact assessment is required. The decision will affect children in Jersey, the resource commitment is significant and vulnerable groups will be among those affected. |
5) What will be the impacts (positive or negative) of the proposed decision on children's | |||
rights? | |||
For each of the UNCRC articles described below, click to identify any that may be relevant | |||
Category | UNCRC Article | Impact? YES NO | |
General Principles | Non-discrimination (Art 2) | ☒ | ☐ |
Best interests of the Child (Art 3) to be a top priority | ☐ | ☐ | |
Right to Life survival and development (Art 6) | ☒ | ☐ | |
Respect for the child's views (Art 12) | ☐ | ☐ | |
Civil Rights & Freedoms | Right to birth registration, name and nationality (Art 7) | ☐ | ☐ |
Right to an identity (Art 8) | ☐ | ☐ | |
Freedom of expression (Art 13) | ☐ | ☐ | |
Freedom of thought, conscience, and religion (Art 14) Every child has the right to think and believe what they choose | ☐ | ☐ | |
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| Freedom of association (Art 15) Every child has the right to meet with other children and to join groups and organisations | ☐ | ☐ |
| Right to Privacy (Art 16) including family and home life | ☐ | ☐ |
| Access to information from the media (Art 17) Right to access reliable information from a variety of sources, in a format that children can understand | ☐ | ☐ |
| Protection against torture or other cruel, degrading or inhumane treatment or punishment (Art 37(a)) | ☐ | ☐ |
Family Environment and Alternative Care | Respect for the responsibilities, rights and duties of parents (or where applicable, extended family or community) to guide their child as they grow up (Art 5) | ☐ | ☐ |
Responsibilities of both parents in the upbringing and development of their child (Art 18) | ☐ | ☐ | |
Children must not be separated from their parents against their will unless it is in their best interests (Art 9) | ☐ | ☐ | |
Family reunification (Art 10) | ☐ | ☐ | |
Abduction and non-return of children abroad (Art 11) | ☐ | ☐ | |
Right to a standard of living that is good enough to meet the child's physical and social needs and support their development (Art 27) | ☐ | ☐ | |
Special protection for children unable to live with their family (Art 20) | ☐ | ☐ | |
Best interests of the child in the context of Adoption (Art 21) | ☐ | ☐ | |
Review of treatment whilst in care (Art 25) If a child has been placed away from home for the purpose of care or protection (for example, with a foster family or in hospital), they have the right to a regular review of their treatment, the way they are cared for and their wider circumstances. | ☒ | ☐ | |
Protection from violence, abuse or neglect (Art 19) | ☐ | ☐ | |
Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life. | ☐ | ☐ | |
Basic Health and Welfare | Rights of disabled children (Art 23) | ☒ | ☐ |
Right to health and health services (Art 24) | ☒ | ☐ | |
Right to social security (Art 26) | ☐ | ☐ |
| Right to adequate standard of living (Art 27) | ☐ | ☐ |
Education, Leisure and Cultural Activities | Right to education (Art 28) | ☒ | ☐ |
Goals of education (Art 29) Education must develop every child's personality, talents and abilities to the full | ☐ | ☐ | |
Leisure, play and culture (Art 31) Every child has the right to relax, play and take part in cultural and artistic activities | ☒ | ☐ | |
Special Protection Measures | Special protection for refugee children (Art 22) | ☐ | ☐ |
Children and armed conflict (Art 38 and Optional Protocol #1) Governments must do everything they can to protect and care for children affected by war and armed conflict. | ☐ | ☐ | |
Children and juvenile justice (Art 40) Right to be treated with dignity and respect, right to legal assistance and a fair trial that takes account of age. | ☐ | ☐ | |
Inhumane treatment and detention (Art 37 (b)-(d)) Children should be arrested, detained or imprisoned only as a last resort and for the shortest time possible. | ☐ | ☐ | |
Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life | ☐ | ☐ | |
Child labour and right to be protected from economic exploitation (Art 32) | ☐ | ☐ | |
Drug abuse (Art 33) | ☐ | ☐ | |
Sexual exploitation (Art 34) | ☐ | ☐ | |
Abduction, sale and trafficking of children (Art 35) | ☐ | ☐ | |
Protection from other forms of exploitation including for political activities, by the media or for medical research (Art 36) | ☐ | ☐ | |
Children belonging to a minority or an indigenous group (Art 30) | ☐ | ☐ | |
Optional Protocol on the sale of children, child prostitution and child pornography | ☐ | ☐ | |
Optional Protocol on the involvement of children in armed conflict | ☐ | ☐ |
- Information and research
What evidence has been used to inform your assessment?
Evidence collected (include links to relevant publications) | What did the evidence tell you? | What are the data gaps, if any? |
Responses to this consultation included dissatisfaction among young people about the quality of their learning environments: • old/run-down school buildings • perception that some schools receive more investment for nice to haves' as opposed to basic infrastructure. • students and parents want education system to provide accessible, quality and equitable learning opportunities for all students | The consultation was focused on education in general and did not explicitly cover the provision of education services to disabled children and young people. | |
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The Children's Commissioner found that 56% of adults and professionals felt that support and services for disabled children (including respite care) was a concern or major concern. Many disabled children's academic options are limited because of their disability. |
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This report is a source of information on the views of children about life in Jersey. In the section on education, a key message of the Children's Advisory Group was that disabled students struggling to access school should be a thing of the past.' |
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Nasen made 50 recommendations with regards inclusive education on island |
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- Engagement with children
What groups of children and young people (or those who speak on their behalf, such as social workers, teachers or youth workers) have been directly or indirectly involved in developing the decision?
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Possibly the most challenging aspect of completing a CRIA is to capture the voice of | ||
the child,' but it is vital to listen to views and experiences of children and young people | ||
in relation to the proposed decision. | ||
You can use the [INSERT LINK TO DATABASE HERE] which contains links to various | ||
sources reflecting children's views on a range of issues. | ||
| ||
If no information exists on a particular topic, or if the decision will have a significant | ||
impact on children in Jersey, you may decide to consult with these groups directly. | ||
Groups consulted | How they were involved | What were the findings? |
Various children, parents, families and carers, teachers and teaching support staff, head teachers, leadership teams and educational governing bodies. | These parties engaged with policy officers from the Government of Jersey. This engagement led to the findings in Big Education Conversation Response. | As noted above, students and parents want accessible, quality and equitable learning opportunities for all students within the education system. |
Children's Advisory Groups and individual children, including physically disabled children. | Two Children's Advisory Groups and 21 individual children were involved in the production of Life on the Rock and their voices were captured directly in the report. | Access to education for children with disabilities in Jersey should be improved. |
Both Children, Families, Carers, and the broader community have been engaged in the design and planning of the new Building. | A focus group was established over a twelve- month period to take into account the views of young people and their families prior to the design of the building. | That the accommodation would include some overnight facilities and respite. The young people also wanted a cycle track. |
8) Assessing Impact on children's rights | ||
Based on the information collected and analysed above, what likely impact will the | ||
proposed decision have on the specific children's rights identified in question 5)? | ||
Relevant UNCRC Articles (rights) identified in Q5 | Describe the positive or negative impacts on these rights | Which group(s) of children are likely to be affected? |
Article 2 – non- discrimination The UNCRC States that rights apply to all children, irrespective of their, or their parents' "..ethnic or social origin, property, disability, birth or other status". | Positive impact on the rights of disabled children in respect of their ability to access education. | Children in Jersey with complex learning differences and disabilities between the ages of 0 and 25. |
Article 6 – life, survival and development. Governments must do all they can to make sure that children | Positive impact on the rights of disabled children to develop to their fullest potential in an appropriate environment for their needs. | |
survive and develop to their full potential |
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Article 23 – rights of disabled children | Positive impact on the rights of disabled children as set out in the UNCRC to enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community.' The UNCRC also recognises the rights of disabled children to access special careappropriate to the child's condition' | |
Article 28 – right to education | Positive impact on the rights of disabled children to access education on the basis of equal opportunity, appropriate to their needs | |
Article 29 – goals of education | The new school facility at Mont à L'Abbé will positively promote development of the child's personality, talents and mental and physical abilities to their fullest potential as required by this article | |
Article 31 – right to leisure, play and culture | Every child has the right to relax, play and take part in cultural and artistic activities. In this context State parties should encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity' | |
State Parties to the UNCRC have responsibility to ensure that adequate funds are allocated to children with disabilities along with guidelines for service delivery. The allocation of £23m over 4 years to Mont à L'Abbé school will result in tangible benefits to disabled children in Jersey and demonstrate progressive realisation of their rights as | ||
Comment No 9 (2006) This | ||
General Comment requires that children with disabilities have effective access to and benefit from education and training (as well as healthcare services) |
| set out in this General Comment. |
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9) Weighing positive and negative impacts |
If a negative impact is identified for any area of rights or any group of children and |
young people, what options are there to modify the proposed decision to mitigate |
the impact? |
Could any positive impacts be enhanced? |
No negative impacts identified. |
10) Conclusions |
In summary, what are your key findings on the impact of the proposed decision on the |
rights of Jersey children? |
As explained above, the decision will have a positive impact on the rights of children identified in the above analysis. There should be no negative impact on rights. |
- Le Squez Youth Centre and Samares School PART 1: SCREENING
Deputy Inna Gardiner , Minister for Children Name and title of Duty Bearer: and Education
Type of Duty Bearer:
(Minister, Elected Member or States Minister
Assembly Body)
Assessment completed by (if not completed
by duty bearer): Associate Director Young People's Services Date: 26/10/2023
1) Name and brief description of the proposed decision |
The subject of your CRIA may be a proposed law, policy or proposition and in |
accordance with the Law is referred to in this template as the decision' |
What is the problem or issue the decision is trying to address? |
Do children experience this problem differently from adults? |
This project will see the following:
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Funding of £7.5 million is set aside for the project in 2024-25 as part of the capital programme proposed in the Government Plan 2024-27. |
2) Which groups of children and young people are likely to be affected? |
Groups of children could include early years, primary or secondary education; young |
adults; children with additional learning needs; disabled children; children living in |
poverty; children from particular ethnic backgrounds; migrants; refugees; care |
experienced children and LGBTQ+ children |
This project will be of benefit for all children and young people between the ages of 0 to 19yrs of age living within the Samares / Le Squez Community. |
3) What is the likely impact of the proposed decision on children and on their rights? |
Identify any potential positive OR negative impacts and include indirect impacts |
on children and their rights as described in the UNCRC |
Will different groups of children be affected differently by this decision? |
• An improved School building delivering Primary Education and meeting the needs of students that may require additional support • A new community-based facility for parents of early years children and have access to a range of professional such as health visitors etc. • Children and young people (8 to 19yrs) to have a safe space to play and meet with friends out of school times with youth workers available for support • To provide outdoor play space with the community available evenings and weekends (out of school times) |
4) Is a full Child Rights Impact Assessment required? |
If you have identified impacts on children and their rights, a full CRIA should be |
completed. If no impacts are identified then a Full CRIA is not required, but please |
explain your rationale and how you reached this conclusion |
Yes, a full child rights impact assessment is required given direct impacts on identified groups of children in Jersey and the level of resource commitment. |
Part 2: FULL CHILD RIGHTS IMPACT ASSESSMENT
5) What will be the impacts (positive or negative) of the proposed decision on children's rights?
For each of the UNCRC articles described below, click to identify any that may be relevant
Impact? Category UNCRC Article YES NO
Non-discrimination (Art 2) ☐ ☐
General
Principles
Best interests of the Child (Art 3) to be a top priority ☒ ☐
| Right to Life survival and development (Art 6) | ☐ | ☐ |
| Respect for the child's views (Art 12) | ☐ | ☐ |
Civil Rights & Freedoms | Right to birth registration, name and nationality (Art 7) | ☐ | ☐ |
Right to an identity (Art 8) | ☐ | ☐ | |
Freedom of expression (Art 13) | ☐ | ☐ | |
Freedom of thought, conscience, and religion (Art 14) Every child has the right to think and believe what they choose | ☐ | ☐ | |
Freedom of association (Art 15) Every child has the right to meet with other children and to join groups and organisations | ☒ | ☐ | |
Right to Privacy (Art 16) including family and home life | ☐ | ☐ | |
Access to information from the media (Art 17) Right to access reliable information from a variety of sources, in a format that children can understand | ☐ | ☐ | |
Protection against torture or other cruel, degrading or inhumane treatment or punishment (Art 37(a)) | ☐ | ☐ | |
Family Environment and Alternative Care | Respect for the responsibilities, rights and duties of parents (or where applicable, extended family or community) to guide their child as they grow up (Art 5) | ☒ | ☐ |
Responsibilities of both parents in the upbringing and development of their child (Art 18) | ☐ | ☐ | |
Children must not be separated from their parents against their will unless it is in their best interests (Art 9) | ☐ | ☐ | |
Family reunification (Art 10) | ☐ | ☐ | |
Abduction and non-return of children abroad (Art 11) | ☐ | ☐ | |
Right to a standard of living that is good enough to meet the child's physical and social needs and support their development (Art 27) | ☐ | ☐ | |
Special protection for children unable to live with their family (Art 20) | ☐ | ☐ | |
Best interests of the child in the context of Adoption (Art 21) | ☐ | ☐ | |
Review of treatment whilst in care (Art 25) If a child has been placed away from home for the purpose of care or protection (for example, with a foster family or in hospital), they have the right to a regular review of their treatment, the way they are cared for and their wider circumstances. | ☐ | ☐ |
| Protection from violence, abuse or neglect (Art 19) | ☐ | ☐ |
| Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life. | ☐ | ☐ |
Basic Health and Welfare | Rights of disabled children (Art 23) | ☐ | ☐ |
Right to health and health services (Art 24) | ☐ | ☐ | |
Right to social security (Art 26) | ☐ | ☐ | |
Right to adequate standard of living (Art 27) | ☐ | ☐ | |
Education, Leisure and Cultural Activities | Right to education (Art 28) | ☒ | ☐ |
Goals of education (Art 29) Education must develop every child's personality, talents and abilities to the full | ☒ | ☐ | |
Leisure, play and culture (Art 31) Every child has the right to relax, play and take part in cultural and artistic activities | ☒ | ☐ | |
Special Protection Measures | Special protection for refugee children (Art 22) | ☐ | ☐ |
Children and armed conflict (Art 38 and Optional Protocol #1) Governments must do everything they can to protect and care for children affected by war and armed conflict. | ☐ | ☐ | |
Children and juvenile justice (Art 40) Right to be treated with dignity and respect, right to legal assistance and a fair trial that takes account of age. | ☐ | ☐ | |
Inhumane treatment and detention (Art 37 (b)-(d)) Children should be arrested, detained or imprisoned only as a last resort and for the shortest time possible. | ☐ | ☐ | |
Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life | ☐ | ☐ | |
Child labour and right to be protected from economic exploitation (Art 32) | ☐ | ☐ | |
Drug abuse (Art 33) | ☐ | ☐ | |
Sexual exploitation (Art 34) | ☐ | ☐ | |
Abduction, sale and trafficking of children (Art 35) | ☐ | ☐ |
| Protection from other forms of exploitation including for political activities, by the media or for medical research (Art 36) | ☐ | ☐ |
| Children belonging to a minority or an indigenous group (Art 30) | ☐ | ☐ |
| Optional Protocol on the sale of children, child prostitution and child pornography | ☐ | ☐ |
| Optional Protocol on the involvement of children in armed conflict | ☐ | ☐ |
6) Information and research | ||
What evidence has been used to inform your assessment? | ||
Evidence collected (include links to relevant publications) | What did the evidence tell you? | What are the data gaps, if any? |
Responses to this consultation included dissatisfaction among young people about the quality of their learning environments: some students are learning in school buildings that are old and run-down, and although young people recognise that schools try their best, they feel that some schools receive more investment for nice to haves' as opposed to basic infrastructure. This impacts on students' engagement and whether they feel like their education is valued. Good- quality playgrounds are also important so that students have access to appropriate outdoor space.' The Big Education Conversation also engaged with 12 separate youth clubs and reports the views expressed by children and young people about the value of this provision. The report states: The Jersey Youth Service is recognised, especially. They [children and young people] value the personal support that youth workers provide and being able to engage in positive |
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| activities that develop soft knowledge and skills. They say that this is complementary to formal education.' |
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This report is a source of information on the views of children about life in Jersey. In the section on Leisure Time and Activity a contributor to the report stated: There is not much for children and young people to do, particularly for those between 11 – 16+ years, which may explain why young people drink, take drugs, hang about and sometimes get in trouble.' This indicates a need for better recreational facilities for children and young people, which will be addressed for relevant groups by the investment in the Le Squez facility. |
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7) Engagement with children | ||
What groups of children and young people (or those who speak on their behalf, such | ||
as social workers, teachers or youth workers) have been directly or indirectly involved | ||
in developing the decision? | ||
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Possibly the most challenging aspect of completing a CRIA is to capture the voice of | ||
the child,' but it is vital to listen to views and experiences of children and young people | ||
in relation to the proposed decision. | ||
| ||
If no information exists on a particular topic, or if the decision will have a significant | ||
impact on children in Jersey, you may decide to consult with these groups directly. | ||
Groups consulted | How they were involved | What were the findings? |
Various children, young people, parents, families and carers, teachers, Youth Workers, early years practitioners, teaching support staff, head teachers, leadership teams and educational governing bodies. | These parties engaged with policy officers from the Government of Jersey. This engagement led to the findings in Big Education Conversation Response, which in turn informed the decision | See responses to Q6 above which indicate that the impacts are likely to be positive in respect of both projects. |
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Children's Advisory Groups | Two Children's Advisory Groups were involved in the production of Life on the Rock and their voices were captured directly in the report, which was taken into account in development of this decision. | See responses to Q6 above which indicate that the impacts are likely to be positive in respect of both projects. |
Children and young people that use the current youth service provision | Children and young people from the Youth Club have been involved in consultation with reference to the facilities required in their new youth centre | Findings from this targeted consultation have been included in the design |
8) Assessing Impact on children's rights | ||
Based on the information collected and analysed above, what likely impact will the | ||
proposed decision have on the specific children's rights identified in question 5)? | ||
Relevant UNCRC Articles (rights) identified in Q5 | Describe the positive or negative impacts on these rights | Which group(s) of children are likely to be affected? |
Article 15 – freedom of association and peaceful assembly Article 31 – right to participate in leisure, play and cultural activities appropriate to the age of the child | Positive impact on the rights of relevant groups of children to meet and socialise in a safe, appropriate setting which meets their needs. Positive impact on Article 31 rights, ensuring children can engage in play and recreational activities | Children and young people 0 to 19 yrs. living in the area. |
Article 28 – right to an education Article 29 – goals of education | The improvements to the existing Samares School and new community provision will have a positive impact on the rights of children to an education on a basis of equal opportunity and allowing children to develop to their fullest potential, as required by these articles. | Children and young people of pre-school and primary school age living in the area. |
9) Weighing positive and negative impacts
• If a negative impact is identified for any area of rights or any group of children and young people, what options are there to modify the proposed decision to mitigate the impact?
• Could any positive impacts be enhanced?
No negative impacts identified. Positive impacts could be enhanced by
10) Conclusions |
In summary, what are your key findings on the impact of the proposed decision on the |
rights of Jersey children? |
As explained above, the decision will have a positive impact on the rights of children identified in the above analysis. All children and young people will benefit from this project. We do not foresee any negative impact on rights. |
- Children's Social Care Reform (Children's homes) PART 1: SCREENING
Deputy Inna Gardiner , Minister for Children Name and title of Duty Bearer:
& Education
Type of Duty Bearer:
(Minister, Elected Member or States Minister Assembly Body)
Team Manager, System Redesign and Assescompletedsment c by odumplty eted bearerby): (if not Commissioning; Children, Young People,
Education & Skills
Date: 26 October 2023
1) Name and brief description of the proposed decision |
The subject of your CRIA may be a proposed law, policy or proposition and in |
accordance with the Law is referred to in this template as the decision' |
What is the problem or issue the decision is trying to address? |
Do children experience this problem differently from adults? |
The draft Government Plan 2024-27 (P.72/2023) affirms Ministers' commitment to maintaining investment in the Education Reform and the Inclusion Programme, as well as Early Years and improvements in Children's Social Care, so we continue to ensure all children, young and their families, especially our most vulnerable, can thrive'. The proposed decision in line I-CYP-GP24-001 in the Government Plan Annex is for a revenue growth allocation of £1.7m per annum from 2024 onwards to fund staffing for 2 additional children's homes. This new provision has been put in place to ensure the Minister has at her disposal sufficient capacity to meet urgent and unanticipated need for additional care placements. Properties have already been acquired and refurbished. |
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2) Which groups of children and young people are likely to be affected? |
Groups of children could include early years, primary or secondary education; young |
adults; children with additional learning needs; disabled children; children living in |
poverty; children from particular ethnic backgrounds; migrants; refugees; care |
experienced children and LGBTQ+ children |
Children in the care of the Minister or who may come into the Minister's care in future. |
3) What is the likely impact of the proposed decision on children and on their rights? |
Identify any potential positive OR negative impacts and include indirect impacts |
on children and their rights as described in the UNCRC |
Will different groups of children be affected differently by this decision? |
Impacts are expected to be positive: • placements available for children who need to come into the care of the Minister • reduction in the number of children placed in care settings off-Island • children are placed in registered homes which are subject to regulation by the Jersey Care Commission |
4) Is a full Child Rights Impact Assessment required? |
If you have identified impacts on children and their rights, a full CRIA should be |
completed. If no impacts are identified then a Full CRIA is not required, but please |
explain your rationale and how you reached this conclusion |
Yes a full CRIA is required, given the level of resource commitment and the direct impacts on children |
5) What will be the impacts (positive or negative) of the proposed decision on children's | |||
rights? | |||
For each of the UNCRC articles described below, click to identify any that may be relevant | |||
Category | UNCRC Article | Impact? YES NO | |
General Principles | Non-discrimination (Art 2) | ☐ | ☐ |
Best interests of the Child (Art 3) to be a top priority | ☒ | ☐ | |
Right to Life survival and development (Art 6) | ☐ | ☐ | |
Respect for the child's views (Art 12) | ☐ | ☐ | |
Civil Rights & Freedoms | Right to birth registration, name and nationality (Art 7) | ☐ | ☐ |
Right to an identity (Art 8) | ☐ | ☐ | |
Freedom of expression (Art 13) | ☐ | ☐ | |
Freedom of thought, conscience, and religion (Art 14) Every child has the right to think and believe what they choose | ☐ | ☐ | |
Freedom of association (Art 15) Every child has the right to meet with other children and to join groups and organisations | ☐ | ☐ | |
Right to Privacy (Art 16) including family and home life | ☐ | ☐ | |
Access to information from the media (Art 17) Right to access reliable information from a variety of sources, in a format that children can understand | ☐ | ☐ | |
Protection against torture or other cruel, degrading or inhumane treatment or punishment (Art 37(a)) | ☐ | ☐ | |
Family Environment and Alternative Care | Respect for the responsibilities, rights and duties of parents (or where applicable, extended family or community) to guide their child as they grow up (Art 5) | ☐ | ☐ |
Responsibilities of both parents in the upbringing and development of their child (Art 18) | ☐ | ☐ | |
Children must not be separated from their parents against their will unless it is in their best interests (Art 9) | ☒ | ☐ | |
Family reunification (Art 10) | ☐ | ☐ | |
Abduction and non-return of children abroad (Art 11) | ☐ | ☐ | |
Right to a standard of living that is good enough to meet the child's physical and social needs and support their development (Art 27) | ☐ | ☐ | |
Special protection for children unable to live with their family (Art 20) | ☒ | ☐ | |
Best interests of the child in the context of Adoption (Art 21) | ☐ | ☐ | |
Review of treatment whilst in care (Art 25) If a child has been placed away from home for the purpose of care or protection (for example, with a foster family or in hospital), they have the right to a regular review of their treatment, the way they are cared for and their wider circumstances. | ☐ | ☐ | |
Protection from violence, abuse or neglect (Art 19) | ☒ | ☐ | |
Recovery from trauma and reintegration (Art 39) | ☐ | ☐ |
| Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life. |
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Basic Health and Welfare | Rights of disabled children (Art 23) | ☐ | ☐ |
Right to health and health services (Art 24) | ☐ | ☐ | |
Right to social security (Art 26) | ☐ | ☐ | |
Right to adequate standard of living (Art 27) | ☐ | ☐ | |
Education, Leisure and Cultural Activities | Right to education (Art 28) | ☐ | ☐ |
Goals of education (Art 29) Education must develop every child's personality, talents and abilities to the full | ☐ | ☐ | |
Leisure, play and culture (Art 31) Every child has the right to relax, play and take part in cultural and artistic activities | ☐ | ☐ | |
Special Protection Measures | Special protection for refugee children (Art 22) | ☐ | ☐ |
Children and armed conflict (Art 38 and Optional Protocol #1) Governments must do everything they can to protect and care for children affected by war and armed conflict. | ☐ | ☐ | |
Children and juvenile justice (Art 40) Right to be treated with dignity and respect, right to legal assistance and a fair trial that takes account of age. | ☐ | ☐ | |
Inhumane treatment and detention (Art 37 (b)-(d)) Children should be arrested, detained or imprisoned only as a last resort and for the shortest time possible. | ☐ | ☐ | |
Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life | ☐ | ☐ | |
Child labour and right to be protected from economic exploitation (Art 32) | ☐ | ☐ | |
Drug abuse (Art 33) | ☐ | ☐ | |
Sexual exploitation (Art 34) | ☐ | ☐ | |
Abduction, sale and trafficking of children (Art 35) | ☐ | ☐ | |
Protection from other forms of exploitation including for political activities, by the media or for medical research (Art 36) | ☐ | ☐ |
| Children belonging to a minority or an indigenous group (Art 30) | ☐ | ☐ |
| Optional Protocol on the sale of children, child prostitution and child pornography | ☐ | ☐ |
| Optional protocol on the involvement of children in armed conflict | ☐ | ☐ |
6) Information and research | ||
What evidence has been used to inform your assessment? | ||
Evidence collected (include links to relevant publications) | What did the evidence tell you? | What are the data gaps, if any? |
This review found that, whilst children and young people often spoke positively about their personal experiences of residential care, available resources were not sufficient, incoherent, and inefficiently deployed'. One of the greatest challenges identified was the lack of a stable workforce. The report made various recommendations for improving children's homes in Jersey in terms of service development, service delivery and staffing. |
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The Jersey Care Commission carried out inspections of 3 unregistered children's care home services in early 2023. In each case, the home was operating as a children's care home service are carrying out regulated activity in contravention of the Regulation of Care (Jersey) Law 2014. | The homes in question are no longer operating, but these cases demonstrate that children have sometimes been placed in unregulated settings in answer to an unexpected and urgent need. These needs are generally for welfare or safeguarding reasons and the Minister is legally obliged to provide a care placement for the child in such circumstances. The need for additional capacity was over and above that envisaged in the Social Care Reform Programme Phase 1 (2023- 26) which continues as planned. | |
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The report identified that some children may be being placed in the UK not because it is in their best interests, but because there is no other option. This makes contact with birth parents and siblings difficult and risks children being brought up in another country that may not respect the child's culture. The report found that pressure on the system was caused by insufficient foster care places and a lack of specialist residential places. |
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7) Engagement with children | ||
What groups of children and young people (or those who speak on their behalf, such | ||
as social workers, teachers or youth workers) have been directly or indirectly involved | ||
in developing the decision? | ||
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Possibly the most challenging aspect of completing a CRIA is to capture the voice of | ||
the child,' but it is vital to listen to views and experiences of children and young people | ||
in relation to the proposed decision. | ||
You can use the [INSERT LINK TO DATABASE HERE] which contains links to various | ||
sources reflecting children's views on a range of issues. | ||
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If no information exists on a particular topic, or if the decision will have a significant | ||
impact on children in Jersey, you may decide to consult with these groups directly. | ||
Groups consulted | How they were involved | What were the findings? |
Care-experienced children and young people and their advocates, including Children's Rights Officers and the Children's Commissioner. | Improvements are needed to children's residential care in respect of service development, service delivery, staffing and secure accommodation and indicated above. | |
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Children and young people, parents/carers and professionals working with or on behalf of children and young people. | Consultation findings included the following comments quoted in the report: "Ensure there are more options for children going into care - enough foster families/ safe places for children to live." "Ensure looked after children voices are heard at all times as it's their lives and they should be involved | |
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| and listened to. Also look at the after-care services for looked after children when they are 16/18 as they need a lot of support when transitioning in to the adult world or adult services." "Every child in Jersey should have parents or someone who loves them." |
8) Assessing Impact on children's rights | ||
Based on the information collected and analysed above, what likely impact will the | ||
proposed decision have on the specific children's rights identified in question 5)? | ||
Relevant UNCRC Articles (rights) identified in Q5 | Describe the positive or negative impacts on these rights | Which group(s) of children are likely to be affected? |
Article 3(1) requires that the best interests of the child shall be a primary consideration in all things that affect children. Article 9 requires that children shall not be separated from their parents against their will, except when it is in the child's best interests. Further, any child who is separated from one or both parents has the right to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests. Article 19 requires governments to do all they can to ensure that children are protected from all forms of violence, abuse, neglect and bad treatment by their parents or anyone else who looks after them. This includes social programmes to provide necessary support for the child. Article 20 (children unable to live with their family) If a | Providing a safe and appropriate care home environment for children placed in the care of the Minister at short notice will better protect some of the most vulnerable children in Jersey. This will have a positive impact in terms of the Articles quoted: - ensuring family contact can be maintained (if appropriate) in accordance with Article 9; - protecting children who may be at risk of harm in accordance with Article 19; - ensuring children are provided with an alternative home environment if required, in accordance with Article 20; and - ensuring that the child's best interests remain paramount as required by Article 3. | Children needing to be placed into the care of the Minister. |
child cannot be looked after by their immediate family, the government must give them special protection and assistance. This includes making sure the child is provided with alternative care that is continuous and respects the child's culture, language and religion. |
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9) Weighing positive and negative impacts |
If a negative impact is identified for any area of rights or any group of children and |
young people, what options are there to modify the proposed decision to mitigate |
the impact? |
Could any positive impacts be enhanced? |
No negative impacts have been identified as a result of the decision outlined above and the overall impacts on vulnerable children in Jersey are expected to be positive. |
10) Conclusions |
In summary, what are your key findings on the impact of the proposed decision on the |
rights of Jersey children? |
As explained above, the decision will have a positive impact on the rights of children identified in the above analysis. There should be no negative impact on rights. |
- Young People Workforce Participation programme (those not in employment, education and training)
PART 1: SCREENING
Deputy Inna Gardiner , Minister for Children Name and title of Duty Bearer:
and Education
Type of Duty Bearer:
(Minister, Elected Member or States Minister
Assembly Body)
Assessment completed by (if not completed Head of Skills, Children, Young People, by duty bearer): Education and Skills and Skills Jersey Date: 26 October 2023
1) Name and brief description of the proposed decision
The subject of your CRIA may be a proposed law, policy or proposition and in accordance with the Law is referred to in this template as the decision'
• What is the problem or issue the decision is trying to address?
Do children experience this problem differently from adults? |
The draft Government Plan 2024-27 (P.72/2023) affirms Ministers' commitment to maintaining investment in the Education Reform and the Inclusion Programme, as well as Early Years and improvements in Children's Social Care, so we continue to ensure all children, young and their families, especially our most vulnerable, can thrive'. The proposed decision in line I-CYP-GP24-002 in the Government Plan Annex is for a revenue growth allocation of £2,615,000 in 2024 to CYPES Frontline Services (total £10,412,000 for the period 2024-27). If approved, funding will be used to support children post the covid-19 pandemic, with specialist care and interventions directed towards cohorts in nursery, educational, youth services and care settings. This includes a proposal for establishing a comprehensive system to integrate available training provisions and a triage service for young people who are not in education, employment or training (NEET). This programme will address the needs of disengaged young people, provide appropriate support and empower them to re-engage with education or gain meaningful employment. The cost of this provision is projected to be £1.59m over the period 2024-27 and aims to reduce the NEET rate amongst disengaged youth by 20% within 2 years. |
2) Which groups of children and young people are likely to be affected? |
Groups of children could include early years, primary or secondary education; young |
adults; children with additional learning needs; disabled children; children living in |
poverty; children from particular ethnic backgrounds; migrants; refugees; care |
experienced children and LGBTQ+ children |
Young people in the 16-19 age group not in employment, education or training (NEET). The programme will also include work in secondary schools to ensure that a student's destination (either work, employment or further education) is set before they leave school. |
3) What is the likely impact of the proposed decision on children and on their rights? |
Identify any potential positive OR negative impacts and include indirect impacts |
on children and their rights as described in the UNCRC |
Will different groups of children be affected differently by this decision? |
Positive impacts are expected, including the right to education (Article 28) and the child's right to develop to their fullest potential (Article 6). Addressing the underlying causes and investing in education, training and employment activities will primarily uphold the rights of disadvantaged young people. It will also have an indirect economic benefit by mitigating potential costs relating to welfare and health services, social challenges such as crime, substance abuse and social exclusion, lost productivity and an increasing skills gap in the workforce. |
4) Is a full Child Rights Impact Assessment required? |
If you have identified impacts on children and their rights, a full CRIA should be |
completed. If no impacts are identified then a Full CRIA is not required, but please |
explain your rationale and how you reached this conclusion |
Yes a full CRIA is required, given the level of resource commitment and the direct impacts on children.
5) What will be the impacts (positive or negative) of the proposed decision on children's | |||
rights? | |||
For each of the UNCRC articles described below, click to identify any that may be relevant | |||
Category | UNCRC Article | Impact? YES NO | |
General Principles | Non-discrimination (Art 2) | ☒ | ☐ |
Best interests of the Child (Art 3) to be a top priority | ☒ | ☐ | |
Right to Life survival and development (Art 6) | ☐ | ☐ | |
Respect for the child's views (Art 12) | ☐ | ☐ | |
Civil Rights & Freedoms | Right to birth registration, name and nationality (Art 7) | ☐ | ☐ |
Right to an identity (Art 8) | ☐ | ☐ | |
Freedom of expression (Art 13) | ☐ | ☐ | |
Freedom of thought, conscience, and religion (Art 14) Every child has the right to think and believe what they choose | ☐ | ☐ | |
Freedom of association (Art 15) Every child has the right to meet with other children and to join groups and organisations | ☐ | ☐ | |
Right to Privacy (Art 16) including family and home life | ☐ | ☐ | |
Access to information from the media (Art 17) Right to access reliable information from a variety of sources, in a format that children can understand | ☐ | ☐ | |
Protection against torture or other cruel, degrading or inhumane treatment or punishment (Art 37(a)) | ☐ | ☐ | |
Family Environment and Alternative Care | Respect for the responsibilities, rights and duties of parents (or where applicable, extended family or community) to guide their child as they grow up (Art 5) | ☐ | ☐ |
Responsibilities of both parents in the upbringing and development of their child (Art 18) | ☐ | ☐ | |
Children must not be separated from their parents against their will unless it is in their best interests (Art 9) | ☐ | ☐ | |
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| Family reunification (Art 10) | ☐ | ☐ |
| Abduction and non-return of children abroad (Art 11) | ☐ | ☐ |
| Right to a standard of living that is good enough to meet the child's physical and social needs and support their development (Art 27) | ☐ | ☐ |
| Special protection for children unable to live with their family (Art 20) | ☐ | ☐ |
| Best interests of the child in the context of Adoption (Art 21) | ☐ | ☐ |
| Review of treatment whilst in care (Art 25) If a child has been placed away from home for the purpose of care or protection (for example, with a foster family or in hospital), they have the right to a regular review of their treatment, the way they are cared for and their wider circumstances. | ☐ | ☐ |
| Protection from violence, abuse or neglect (Art 19) | ☐ | ☐ |
| Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life. | ☐ | ☐ |
Basic Health and Welfare | Rights of disabled children (Art 23) | ☐ | ☐ |
Right to health and health services (Art 24) | ☐ | ☐ | |
Right to social security (Art 26) | ☐ | ☐ | |
Right to adequate standard of living (Art 27) | ☐ | ☐ | |
Education, Leisure and Cultural Activities | Right to education (Art 28) | ☒ | ☐ |
Goals of education (Art 29) Education must develop every child's personality, talents and abilities to the full | ☒ | ☐ | |
Leisure, play and culture (Art 31) Every child has the right to relax, play and take part in cultural and artistic activities | ☐ | ☐ | |
Special Protection Measures | Special protection for refugee children (Art 22) | ☐ | ☐ |
Children and armed conflict (Art 38 and Optional Protocol #1) Governments must do everything they can to protect and care for children affected by war and armed conflict. | ☐ | ☐ |
| Children and juvenile justice (Art 40) Right to be treated with dignity and respect, right to legal assistance and a fair trial that takes account of age. | ☐ | ☐ |
| Inhumane treatment and detention (Art 37 (b)-(d)) Children should be arrested, detained or imprisoned only as a last resort and for the shortest time possible. | ☐ | ☐ |
| Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life | ☐ | ☐ |
| Child labour and right to be protected from economic exploitation (Art 32) | ☐ | ☐ |
| Drug abuse (Art 33) | ☐ | ☐ |
| Sexual exploitation (Art 34) | ☐ | ☐ |
| Abduction, sale and trafficking of children (Art 35) | ☐ | ☐ |
| Protection from other forms of exploitation including for political activities, by the media or for medical research (Art 36) | ☐ | ☐ |
| Children belonging to a minority or an indigenous group (Art 30) | ☐ | ☐ |
| Optional Protocol on the sale of children, child prostitution and child pornography | ☐ | ☐ |
| Optional Protocol on the involvement of children in armed conflict | ☐ | ☐ |
6) Information and research | ||||
What evidence has been used to inform your assessment? | ||||
Evidence collected (include links to relevant publications) | What did the evidence tell you? | What are the data gaps, if any? | ||
Data from CYPES infomatics team and Skills Jersey Annual report for destination tracking | Currently 1987 (8%) of 16 to 18-year-olds in Jersey are classified as NEET, or their destination at the end of their formal education is unknown. It is estimated that the cost of NEET to the Jersey economy is equivalent to forgoing £4m of GVA per annum. |
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A key recommendation of the report was to increase the funding for schools and colleges supporting children with the most significant special educational needs. |
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This report details the findings of the Independent School Funding review carried out in 2019, which |
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looked at primary (including nurseries) secondary and 16- 18 provisions; special schools and the Special Educational Needs (SEN) provision in mainstream schools. | The report suggested a policy option of raising the mandatory age of education as a means of improving outcomes for some young people and reducing the likelihood of them becoming NEET. Recommendations were also made that low prior attainment and English as an additional language (EAL) should be significant in determining funding allocations. |
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The review identified the need for improvement in terms of inclusivity in education in Jersey, including in all settings for children. Of particular note are the following findings: "Transition to Post-16 is a policy area which appears fraught with potential difficulty, and which could be developed to create greater consistency and increase standards." "Moving into adulthood, a period in which support to foster greater social inclusion is imperative, is an area of policy focus which is not overtly expressed or readily accessible." |
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Conducted by nasen International |
- Engagement with children
What groups of children and young people (or those who speak on their behalf, such as social workers, teachers or youth workers) have been directly or indirectly involved in developing the decision?
Possibly the most challenging aspect of completing a CRIA is to capture the voice of the child,' but it is vital to listen to views and experiences of children and young people in relation to the proposed decision.
You can use the [INSERT LINK TO DATABASE HERE] which contains links to various sources reflecting children's views on a range of issues.
If no information exists on a particular topic, or if the decision will have a significant impact on children in Jersey, you may decide to consult with these groups directly.
Groups consulted | How they were involved | What were the findings? |
Children and young people and those who speak on their behalf: service providers, the voluntary sector, health and social care practitioners and government employees. | The Review highlighted the need to improve and reinforce inclusive education practice at a strategic, systemic and systematic level'. This included revisions to the Education Law, development of an Inclusion Charter, action plans and a framework for developing inclusive practice within school settings for children at every age group. | |
Early Years 2021, discussed | ||
above, adopted a mixed- methods mode of enquiry, obtaining evidence from a wide range of stakeholders. Consultation was by focus group, stakeholder interviews, visits to schools and educational settings, questionnaires and desk- based research. | ||
Children and young people, including children in care or with experience of care; youth groups; children in schools; parents, carers and families; teachers and sport staff; head teachers; governing bodies and voluntary and community organisations. | Concern was expressed by parents, carers and practitioners that funding, resources and specialist support were currently inadequate to meet the needs of all children with special educational needs and disabilities. One conclusion of the Big Education Conversation was that: "Programmes should be developed to target participation and engagement in education amongst students who are not in education, employment or training (NEET'). There is support for improving links between secondary schools, tertiary education providers, employers and voluntary and community organisations to reengage these students." | |
discussion about education in Jersey between policy officials from the Government of Jersey and children and young people, parents, teachers, and other interested individuals and organisations. It represents a considerable reference point for children's perspectives on inclusion, fairness and equity in learning and education system. |
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- Assessing Impact on children's rights
Based on the information collected and analysed above, what likely impact will the proposed decision have on the specific children's rights identified in question 5)?
Relevant UNCRC Articles (rights) identified in Q5 | Describe the positive or negative impacts on these rights | Which group(s) of children are likely to be affected? |
Article 3 – Article 3(1) requires that the best interests of the child shall be a primary consideration in all things that affect children. Article 6 requires governments to do all they can to make sure that children survive and develop to their full potential. | The impacts on the rights of children in the relevant groups are expected to be positive. A joined-up approach will ensure that individuals are identified and directed towards the most appropriate post-16 option for them. This might be employment, via Back to Work of the jersey Employment Trust, training opportunities to prepare them for the world of work, or a pathway to accredited qualifications at Highlands College or elsewhere. Early triage and supporting individuals to access the best pathway will impact positively on the rights as outlined, as well as their future success. | Young people aged 16-19 not in employment, education or training. Young people nearing the end of their statutory education . |
Article 28 requires State Parties to recognise the right of children to education, and with a view to achieving this right progressively and based on equal opportunity. Article 29 requires that the education of the child shall be directed to certain specified matters, including the development of the child's personality, talents and mental and physical abilities to their fullest potential. | More specialist staff will be recruited to align the training provisions offered with local labour market needs to ensure participants are equipped with relevant skills. |
- Weighing positive and negative impacts
• If a negative impact is identified for any area of rights or any group of children and young people, what options are there to modify the proposed decision to mitigate the impact?
• Could any positive impacts be enhanced?
As stated above, impacts are expected to be positive.
10) Conclusions |
In summary, what are your key findings on the impact of the proposed decision on the |
rights of Jersey children? |
The impacts are expected to be positive on the rights of children and young people in Jersey who might otherwise find themselves not in employment, education or training at the end of their statutory education. |