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Children’s Commissioner for Jersey: Annual Report 2018-2019

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2018 Annual 2019 Report

Children's Commissioner

R.60/2020 for Jersey

FOREWORD

I am writing this at a time of great disruption for us all. When we set up this office in January 2018, none of us could possibly have foreseen the spread of the pandemic that has now turned our lives upside down.

However, what we did know was that we would be laying solid foundations for Jersey's future in protecting and promoting children's rights. In recent weeks and months, those foundations have been tested and I have found it deeply reassuring to see how well they have stood up, and how much children's rights have figured in wider debates.

My office is the first National Human Rights Institution to be established in Jersey. What this means is that my team and I, just like other Children's Commissioners and their teams, are grouped together with other organisations around the world that are working to protect

and promote human rights.

Why is this important? Well, for one thing, it allows us to get on with the work of improving children's and young people's lives in Jersey. But it also sends a message to the wider world: it tells them that we, as a community, care about all children's rights.

When you say something as simple and as fundamental as that, it creates an expectation.

It creates the expectation that Jersey will live up to its promise to promote and protect children's rights. And of course, sometimes that can mean a good deal of extra work, but when we know that we have a promise to stick to, that extra work becomes so much easier to do.

I am very proud of what I and my team have managed to achieve in the past two years, but I can also see that there is a great deal for us still to do. We must now try to build on the fact that so many more people in the Island know and care about the United Nations Convention on the Rights of the Child.

The task ahead will, of course, depend on the ongoing fallout of Covid-19 but our fundamental goal will not change. This is to start trying to make some of these great new habits that we have formed into permanent parts of our Island law: into must-dos', in other words, instead of nice-to-haves'. But the purpose of this report is not to look ahead, it is

to look at what has already been done. And with that in mind, I would like to extend my heartfelt thanks to all of the people who have helped us in our work.

I have three great panels of expert advisors, ranging in age from the young to the not-so-young,

a dedicated staff and a whole host of professional colleagues who are always willing to help, even January 2018

2018 when the conversations are difficult. And above all, I have an Island full of children and young Deborah arrived in Jersey.

We launched an Island-wide  people who are never shy about getting in touch with us. Long may that continue.

End of 2019

Rights Respecting Schools'

37 schools are now taking part

award scheme.

in the Rights Respecting  

Schools' award scheme.

Deborah McMillan,

2018 The Children's Commissioner for Jersey 2,142 children, young people  Summer 2019

and adults took part in our  The Commissioner for Young

online survey. People and Children' Law came

into force.

2018 2019 2020

3

OUR STORY

WHY JERSEY HAS APPOINTED A

CHILDREN'S COMMISSIONER

Deborah McMillan is Jersey's first Commissioner for Children and Young People. She arrived in Jersey in January 2018, after the Independent Jersey Care Inquiry recommended that the States of Jersey appoint a Children's Commissioner.

It was the very first recommendation that the Care Inquiry made.

A Children's Commissioner is someone who promotes and protects the rights of children and young people. These rights were agreed 30 years ago by countries from all over the world and were set out in the United Nations Convention on the Rights of the Child, or the UNCRC.

Unlike adults, children and young people are sometimes not allowed or not able to speak and act for themselves, so they need help to make sure that no one is doing or saying anything that might be harmful to them.

Normally, an annual report would only cover the work that has been done in the previous year but with this first report we have chosen to cover two years instead.

The reason for this is that when Deborah arrived in the Island in January 2018, Jersey did not have a law that would make her role official and give her team the powers and protections that other Children's Commissioners have.

This law did not come into force until the second half of 2019. But even so, Deborah began work immediately.

We think it makes sense, then, for our first report to cover the period from January 2018 until December 2019, so we can take into account the work that was done before the law was passed, while Deborah was still operating in shadow form'. Deborah has been appointed as Commissioner for eight years. In 2027, she will hand over the office to a new Commissioner.

ENGLAND, SCOTLAND, WALES,  We have visited all

THE REPUBLIC OF IRELAND, NORTHERN IRELAND

and more than 30 other countries across Europe also

have commissioners or ombudspersons to represent  primary and secondary schools in the

4 their children and young people. island, often multiple times. 5

OUR WORK WHAT YOU TOLD US IN 2018

In January 2018, Deborah set herself the task of meeting as many of the Island's  Very few 16-year-olds children and young people as she possibly could.  take part in elections.

She visited all 42 schools, often more than once, and outside the classroom she joined in with youth

clubs, sports clubs, scout and guide troops, cub and brownie packs, and many, many more. At the same  14%  58%

time, the Commissioner's office launched an online survey, asking 2,142 children, young people, and  Only

the adults who live and work with them, to try to pick out the main issues that affect the younger  of young people  of children are never asked generations in Jersey. The questions and responses can be seen here. said that adults listen  for their views about what

to their views. happens in their parish. The results of this survey helped shape the work that we went on to do. Listening and responding

to what the Island's children and young people say is the first of two pillars that support our work

programme. The second pillar is what we refer to as international minimum standards', which may not

be things that children and young people have directly asked us to work on but are things that the UN

has agreed that we can expect as a very basic right.  Give them [children]  I feel that children are

I feel that in certain areas  a voice because half the time  not listened to due to Our work to support last year's law, which now makes it illegal for parents,  children should be listened to  you feel like you're not being  people assuming that the

carers or teachers to smack children in Jersey, would be a good example of  if it involves a child, such as the  listened to. Create a panel of  stereotype of a child an international minimum standard.  closure of the skate park, having  children who can feedback from  being immature is true,

In early 2019, we also developed a participation strategy' based on our first  children's views instead of adults  different schools the issues they  meaning that adults would

find in their schools and that they  not take our opinions year of experiences working with children and young people in the Island. This has become the blueprint for our work involving young people and  assuming whaand their viet childrw.en feel  deal with, and what they want to  seriously.

will remain the template for our future projects. You can find it here. happen, then all feedback to find

common issues.

WHAT WE HAVE DONE

We have established in law a  We have supported schools Youth Advisory Panel  We undertook an Island-wide  to establish panels of

[click here] whose role is to  survey to give all children  children and young people,

provide advice and assistance to  and young people on the Island  and we have provided

the Commissioner for Children  an opportunity to share  resources to support them and Young People, giving  their views. to be able to share their

them a strong voice. views and be taken seriously.

We surveyed 2,142

We have made formal 20 children, young people, and

submissions to more than adults in Jersey, to assess the main

Government and Scrutiny reviews. issues that affect the younger

6 generations. 7

OUR WORK

WHAT YOU TOLD US IN 2018

Last year, we published a 4-year plan, which is available here.

Our plan set out our 3 main aims:

Make young people f16-year eel -olds

  1. DRIVING CHANGE We will develop and embed a culture of children's and young people's rights. like their vieVery few ws are important

take part in elections.

  1. DOING IT THE RIGHT WAY We will be strong, resilient and inspiring as we protect and promote and that we have our voices

children's and young people's rights. heard, not just in school but

  1. PROVING IT CAN BE DONE We will make sure children's and young people's rights are at the centre 89% of children think it  Jersey as a whole. We don't get

of Jersey's laws, policies and practices. is important to understand  enough information about  Only 20% of young people

our government and voting,

and when we do its often not  know what rights they have In the summer of 2019, for Young People and Children (we completed Jersey) Law came into force,another very important  click herepiece of . work. This law gives the The Commissioner  presented in a way that interests  under the UNCRC.

their rights.

Commissioner all of the powers and protections she needs to do her job in Jersey. us. It means that we may not have

Writing the law and then seeing it through the various stages of political debate and Scrutiny was  In 2018 just 9 schools had  our opinion heard when decisions

which affect us and our future are

a task that took many months to complete, but the effort was worth it: the law we now have is  registered for the UNICEF Rights  being discussed in the States. It's [school] a more recognised as one of the best in the world. Respecting Schools Award.

positive place – we work together more, and teachers

To get an idea of the standards that the law sets for us, and the different ways in which we  tell us the reasons why and have met those standards, check out our Law Mapping' exercise, click here. Childrabout their righen aren't taughts. t  link it back to rights.

We are now working towards an even bigger legal goal: something that is officially known

as 'incorporation', which means making children's rights a reality by writing them into law  

in Jersey, making them more accessible. We have been working with the Government of Jersey  on incorporation - for both a simple summary and a more-in-depth paper on the subject,  

see our submission to the recent Government consultation, click here.

WHAT WE HAVE DONE

Data shows a change in pupils knowing about their  rights and feeling empowered to create change for  

themselves and others.

We provided funding for all  37 schools are now

schools in Jersey to take part  taking part in the scheme. 55 teachers have attended in the Rights Respecting  Data shows a change in pupils  a total of seven separate Schools Award. knowing about their rights and  training sessions.

feeling empowered to create

change for themselves and others.

We work with more than60 different  The law we now have organisations, ranging from government

is recognised as one of the departments and regulators through to

best in the world.

charities and youth services.

OUR WORK Other areas of our work are: reviewing policy; undertaking and commissioning new research; and providing advice and challenge to the Government and other organisations that work with children and

One of the things children and young people in the Island have told us many times,  young people.

both in person and through our survey, our panel work and our various online dialogues,  By carrying out our own reviews of policy,and by commissioning and participating in unique, independent

is that they would like to know more about children's rights and the UN convention that  research, we are able to ensure that the rights of children and young people are at the heart of laws, underpins them. It is also a duty of our office to ensure that this happens. policies and practice in Jersey. To get a feel for how this work is done, see the Policy and Research'

section of our website, click here.

This is why, in 2018, we decided to launch a major Island-wide Rights Respecting Schools' (RRS) award

scheme. For full details of that scheme, the reasons behind it and some of the success stories that have  We have used our findings and conclusions to provide advice and make recommendations to the Government come out of it, click here and here.  of Jersey and to States Scrutiny panels and affiliated bodies. You can find the advice and research that we have

published, click here.

Put simply, though, the RRS scheme is a UNICEF award programme that allows schools to achieve bronze,

silver and gold certificates, as they work to become ambassadors for the rights that are set out in the UNCRC. We have also provided training to those who are designing Government policies that affect children and

young people. Similarly, we give our views and submit evidence, where appropriate, to external reviews When Deborah arrived in Jersey in 2018, only nine schools were taking part in the scheme. By the end of  that are looking at how well Jersey's Government-run services for children and young people are functioning.

2019, there were 37. Of those 37 schools, 18 had achieved the Bronze stage, 8 had attained Silver and

1 had completed all the way to Gold. The remaining ten schools were registered and had begun working  Joining up with the UK and Europe

towards Bronze.

During the past two years, we have managed to get membership to three very important organisations:

British and Irish Network of Ombudsman and Children's Commissioners (BINOCC), click here.

European Network of Ombudspersons for Children (ENOC), click here.

European Network of Youth Advisors (ENYA), click here.

This has allowed us to work with partners in more than 30 countries and ensure that Deborah and her team can keep up with the latest information and the best ways of working. It also strengthens the power of our office because it means that, when we are championing the voices of children and young people in Jersey, we are not alone: we have friends and supporters from all over Europe backing us up.

We initiated28 schools to  1 20+ We have represented Jersey  We have worked with 30 start the Rights Respecting  school has achieved the Gold  at more than 20 international seminars,  partners in more than

Rights Respecting School' award. conferences and events. countries.

Schools' award scheme.

CASES AND ISSUES WHAT YOU TOLD US IN 2018

We have already looked at how our Island-wide survey, and our focus on  11% of these instances

involved pupils with special international minimum standards , help us to decide which issues to work on.  educational needs.

Another factor that influences this decision is the casework that comes to us

throughout the weeks and months.

When we talk about casework', we mean the times when children, young people and the adults who are  I think there should be equal

responsible for them contact our advice and support team to discuss any problems and challenges that  opportunity for schools that you  In the academic year 2018/19

they may be facing. For more information on how this service works, see the Advice and Support section  don't pay to attend. there were 1,033

of our website, click here. instances of children being

Often, people contact us when they feel that they have tried every other avenue of enquiry but are still  excluded from the classroom

not receiving the help that they need or believe they are entitled to. in Government schools. The whole education needs

[Give] More help if children  to be updated with the Alanonymous data herel kinds of issues have come t but for the most part, we have found that o light in our casework – we have published  are struggling in school. input of students.

Government-funded services for children and issues involving

education have been at the heart of most enquiries.

WHAT WE HAVE DONE

Held a learning workshop  Launched our Launched the UNICEF  Advised the Education  on adverse childhood  Children out of the

Rights Respecting  Minister on  experiences.  Classroom' project and Schools Award. education reform. Undertook research on

school exclusion.

We have dealt with a new case every

other day since opening our doors in  All kinds of issues have come to January 2018. light in our casework.

RECOMMENDATIONS WHAT YOU TOLD US IN 2018

In future years, our annual report will be where we publish formal recommendations  56% of young people don't

to Government that have resulted from any reports, research and investigations  know or aren't sure about which

that we have carried out during the year. However, given that our powers under  263 young people  services can help them when  CAMHS report that

the law were only granted towards the end of 2019, we will not be making formal  said they had felt sad  they feel sad or worried. 1 in 10 recommendations in this first report. almost always' or often' during  children in Jersey aged

What we can present instead are a number of pieces of informal advice  the previous month. between 5 and 16 has a

and recommendations that we have made along the way during the past  mental health problem.

two years. These can be found here. 59%of adults and  If young people are feeling

A recent example of this ad hoc work was the strong recommendations that  professionals felt that young  as if they have no one to speak

we made to Government about the policy they are developing on  carers should be a priority for the  to they should be reassured that

migration. We want to make sure that any new rules about people's rights  work of the Commissioner. there are people/counsellors  Work to remove the stigma to live and work in Jersey are completely fair for children who might find  available to talk. There is a huge  towards mental health that may themselves involved in these decisions. stigma around going to see  be a driving factor as to why

a counsellor, however having  people that need help don't tend Make sure children  somebody to vent/confide in can  to reach out from the fear

know who they can talk to if  be the best thing for them. of being judged.

they are upset or sad.

WHAT WE HAVE DONE

We gave evidence to the  We shared the views  We have supported  We have supported Redesign of the children  of children and young  Youthful Minds to  young carers to develop and young people's  people at the Scrutiny  continue the campaign  a Young Carers' Card

emotional wellbeing &  public hearing for the  to change public  and to have their mental health review'  Mental Health review,  attitudes and reduce  voice heard.

to speak up for children  and children's views  stigma about

 and represent their  were reflected in the  mental health.

views to Government. final report.

Having listened to the environmental concerns of children  We want to make sure that any new and young people, we produce only the bare minimum  rules about people's rights to live

of printed literature. Most of our work (like this report) is  and work in Jersey are completely fair published online. for children.

2020 VISION: FUTURE WORK

2020 has not turned out to be the year that any of us had expected. The global effects of the Covid-19 pandemic have forced businesses, government agencies and charities to completely rethink what they are doing and how they are doing it. Our office is no exception to that. Most of our work in the past few months has been dropped so we can join the effort to make sure that children and young people's rights and general wellbeing are not suffering as a result of what's going on.

We're not sure yet what this is all going to mean, in terms of areas we'll need to do further work on, but our recent survey (concluded in May 2020) had responses from more than 2,100 children and young people. This will help us get a better idea of where to concentrate our efforts in the coming months.

Some of the international projects we had already begun, such as the UN Day of General Discussion and the ENYA participation project, have already been cancelled due to travel restrictions and various other Covid-related disruptions. However, we are hopeful that, over the coming year, we may still be able to see through some pieces of work that we are nearer to completing. A few examples are listed below:

Child-friendly justice:

The Government has commissioned a review of the way it treats children and young people who have committed crimes. We, in turn, will expand on the findings of that review and add certain recommendations

of our own. We will also be looking at the minimum age of criminal responsibility, which is currently set at ten years old in Jersey.

Life on the Rock':

A project undertaken in partnership with the internationally respected Centre for Child Rights at Queens University Belfast. Life on the Rock' will look at 18 case studies of children and young people in Jersey

who have experienced life on the Island in a wide variety of ways. The project is being steered by three advisory groups of local children and young people.

Incorporation – legislative gap analysis:

Produced in collaboration with Swansea University's Observatory on Human Rights of Children, this piece of research will be an in-depth look at chunks of existing Jersey law, determining how compliant they are

with the articles of the UNCRC.


ACCOUNTS

The money we use comes from you, the public of Jersey. As with any organisation that is funded by taxpayers' money, we have certain rules and regulations that we must stick to. These are things like agreeing a Framework Agreement with the Government of Jersey, to ensure that we are able to operate without fear or favour.

To see that in detail, click here.

We must also publish an accountability statement, as well as our full accounts. However, since our accounts are currently approved through the Government of Jersey's external audit, these have been subjec to delay due to the pandemic. We have published everything we are able to produce ourselves, and will continue to add detail as it is supplied to us. You can find these here.

It is also important that people know where to make a request should they have a complaint about our office or if they wish to access personal data about themselves that is held by this office. Again, all the necessary information about this is publicly available on our website hereand here.

The money that we spend every year is mostly to cover the costs of employing people to help us tackle the large volume of work that a Children's Commissioner's Office needs to do. However, since we also spend what we can spare on helping partners in health, education and youth organisations achieve some of the goals they have set for themselves in improving young people's lives in Jersey.

We initiated28 schools to  1Righschool has achiets Respecting Schoolved the Gold ' award. 20+ Wacont more hafervences and ee than 20 ine representved Jersetenernats.tional seminarsy  ,  Wpartners in manaround the we have workorlded with y coun. tries start the Rights Respecting

Schools' award scheme.

For advice, resources and information on all aspects of our work and on child rights more generally, visit our website or follow us on @occjersey

To contact us,

email contact@childcomjersey.org.je

Office of the Children's Commissioner for Jersey, Brunel House ,

3 Old Street, St Helier JE2 3RG

Children's Tel: 01534 867310 Commissioner Email: contact@childcomjersey.org.je 18 for Jersey www.childcomjersey.org.je