Government Plan 2023-26 Children’s Rights Impact Assessments

Name/Title of Duty Bearer:  

Minister for Children and Education

STAGE 1: SCREENING

The first stage of the CRIA requires summary level information to assess whether a

full CRIA (Stages 2-6) is required.

1.1: Name the proposed decision and briefly describe its aim

The decision to increase spending on Children, Young People, Education and Skills as outlined in page 98 of the Proposed Government Plan 2023-2026:

1. I-CYPES-GP23-001 Inclusion Review
2. I-CYPES-GP23-002 Children's Social Care Reform
3. I-CYPES-GP23-003 Demographics and Needs Assessments
4. I-CYPES-GP23-004 Social Worker Recruitment and Retention
5. I-CYPES-GP23-005 Jersey Premium - Virtual School
6. I-CYPES-GP23-006 School Meals

As explained in page 40 of the Proposed Government Plan, This plan proposes additional funding for departments to meet the immediate priorities identified by the Council of Ministers. Additional funding is provided to address service pressures across all areas of government, including significant additional funding for health, education and children's services.

1.2: Which children's rights will be impacted?

A description of relevant children's rights can be found in the UNCRC. This comprises 54 Articles, 2 adopted Optional Protocols (covering the involvement of children in armed conflict and the sale of children, child prostitution and child pornography) and a series of General comments.

Cluster 2 - General Principles

Cluster 4 – Civil Rights and Freedom

Cluster 5 – Family Environment and Alternative Care Cluster 6 - Basic Health and Welfare

Cluster 7 - Education, leisure and cultural activities Cluster 8 - Special protection measures

this comment reminds States Parties that they are required to uphold the child's best interests in the allocation of national resources for programmes and measures aimed  at  implementing  children's  rights'.  On  the  allocation  of  priorities,  it emphasises: The expression "primary consideration" means that the child's best interests may not be considered on the same level as all other considerations. This strong  position  is  justified  by  the  special  situation  of  the  child:  dependency, maturity, legal status and, often, voicelessness. Children have less possibility than adults to make a strong case for their own interests and those involved in decisions affecting them must be explicitly aware of their interests. If the interests of children are not highlighted, they tend to be overlooked.'

General comment No. 15 (2013) on the right of the child to the enjoyment of the

highest  attainable  standard  of  health  (art.  24).  This  guidance  includes  the

instruction: The notion of "the highest attainable standard of health" takes into account both the child's biological, social, cultural and economic preconditions and the State's available resources, supplemented by resources made available by other sources, including non-governmental organizations, the international community and the private sector.'

General comment No. 17 (2013) on the right of the child to rest, leisure, play,

recreational activities, cultural life and the arts (art. 31). This guidance notes that

there is a link between the Article 31 right and other rights, such as the right to education: Play and recreation are essential to the health and well-being of children and  promote  the  development  of  creativity,  imagination,  self-confidence,  self- efficacy, as well as physical, social, cognitive and emotional strength and skills. They contribute to all aspects of learning; they are a form of participation in everyday life and are of intrinsic value to the child, purely in terms of the enjoyment and pleasure they afford. Research evidence highlights that playing is also central to children's spontaneous drive for development, and that it performs a significant role in the development of the brain, particularly in the early years.' Amongst other things, it also the importance of children engaging in the activities concerned not only on their own but with peers and adults. For example, it states: Through engagement with their peers, children create and transmit their own language, games, secret worlds, fantasies and other cultural knowledge.'

General comment No. 19 (2016) on public budgeting for the realization of children's

rights (art. 4). This makes it clear that, in order to fulfil Article 4, States Parties are, among  things,  required  to  budget  and  spend  to  realise  children's  rights.  This requires  that  Sufficient  public  resources  are  mobilized,  allocated  and  utilized effectively  to  fully  implement  approved  legislation,  policies,  programmes  and budgets.'

1.3: Which groups of children and young people are likely to be affected

most?

Groups of children who share certain characteristics

1. I-CYPES-GP23-001 Inclusion Review

Children with additional learning needs; disabled children.

2. I-CYPES-GP23-002 Children's Social Care Reform

This will affect children who rely on the Jersey Children's Social Care Service; namely, children living in care, and care leavers, in Jersey.

3. I-CYPES-GP23-003 Demographics and Needs Assessments

Children transitioning to secondary education, children transitioning from private to public education, children requiring additional specialist support.

4. I-CYPES-GP23-004 Social Worker Recruitment and Retention

Children in need of protection from abuse or neglect; children who need extra services to reach a good standard of health and development.

5. I-CYPES-GP23-005 Jersey Premium - Virtual School

All Children Looked After (CLA), or children previously looked after, children who are subject to a Child Protection Plan (CPP) and Children in Need (CiN), including those that have been placed in schools in off-island Local Authority areas.

6. I-CYPES-GP23-006 School Meals

All children in Government-maintained primary schools.

1.4: What is the likely impact of the proposed decision on children in

Jersey?

a)  I-CYPES-GP23-001 Inclusion Review

This aspect of the decision should have a positive impact on children with additional learning needs and disabled children in the school context. The investment concerned focuses on providing additional support for those with learning difficulties, disabilities, social and economic disadvantage,

government-maintained primary schools can get a healthy lunch for £2.50, or free, depending on their financial circumstances.

1.5: Is a full child rights impact assessment required? Explain your rationale

A full child rights impact assessment is required: the decision will affect the majority of children in Jersey, the resource commitment is significant (for example, £18.112 million in 2023), and vulnerable groups will be affected by the decision.

Stage 2: Scoping

2.1: Thinking about the children's rights identified in Section 1.2, explain the

expected effect of the proposed decision on those rights?

Cluster/Article

Further analysis on the expected effect

Cluster 2 - General Principles

As explained below in the context of other clusters of rights, various aspects of the decision contribute to compliance with Article 2 by helping to ensure that Convention rights are enjoyed by each child in Jersey without discrimination of any kind. This is the case not only in relation to the Inclusion Review, which is entirely focused on ensuring that there is no discrimination, but also in relation to other aspects of the decision. For example, better ensuring that there is no discrimination against any children in care is part of Children's Social Care Reform, since the goal is to produce and maintain an excellent system of social care and a system of social care cannot be exemplary if it is discriminatory.

As is also explained below in the context of other clusters of rights, the decision promotes the best interests of the child as required by Article 3 of the UNCRC. It is part of a set of measures necessary for the implementation of the rights recognised in the UNCRC, as required by Article 4.

Again, as explained below in relation to other clusters of rights, this decision will have a positive impact in terms of the Article 6 requirement that Governments do all they can to make sure that children survive and develop to their full potential.

The decision should also contribute to Jersey satisfying the Article  12(1)  requirement  of  allowing  the  child  who  is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. There are multiple relevant aspects of the decision. The Inclusion Review will enhance support for the children concerned by taking their views into account  in  relation  to  their  additional  learning  needs. Similarly, Children's Social Care Reform and Social Worker Recruitment  and  Retention will lead  to improvements in terms of the views of children being taken into account, as will the spending allocated to the Virtual School. As for the School  Meals  aspect  of  the  decision,  there  is  credible evidence  that  it  is  popular  with  the  children  concerned; implementing it would therefore be giving weight to their views and thus acting in compliance with Article 12(1).

Cluster 4 – Civil Rights and Freedoms

The  Children's  Social  Care  Reform  and  Social  Worker Recruitment  and  Retention  will  contribute  positively  to fulfilling the Article 31(a) requirement that no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. This is a positive obligation, which requires Jersey to take steps to prevent such treatment or punishment by having appropriate procedures in place to prevent it wherever it takes place within the jurisdiction.

Cluster 5 – Family Environment and Alternative Care

As made clear below in the context of other clusters of rights, various  aspects  of  the  decision  contribute  to  providing appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and thus contribute to fulfilling Jersey's requirement to do so under Article  18(2).  Further,  the  decision  also  contributes  to ensuring that Jersey complies with Article 19. Indeed, all

aspects of the decision contribute to ensuring that children in Jersey are not neglected and The Children's Social Care Reform and Social Worker Recruitment and Retention will also have a positive impact on the prevention of physical and mental violence.

Cluster 6 - Basic Health and Welfare

The decision will have a positive impact in terms of Article 6: indeed, all aspects of it are designed to ensure that children grow to their full potential and many aspects of it will also have a positive impact in terms of survival. The latter impact is obvious in relation to Children's Social Care Reform and Social Worker Recruitment and Retention, which contribute to physically protecting children, but other aspects of the decision, such as the inclusion Review and the Virtual School should contribute to the emotional wellbeing of children and thus reduce the possibility of all forms of self-harm, including suicide. Multiple aspects of the decision concern the right of the child to the enjoyment of the highest attainable standard of health; the decision will improve Jersey's provisions in this respect and thus in relation to Article 24.

Cluster 7 - Education, leisure and cultural activities

There are multiple aspects of the decision that will have a positive impact on this cluster of rights.

a)  I-CYPES-GP23-001 Inclusion Review

As noted in Stage 1.4, this aspect of the decision should have a positive impact on children with additional learning needs and disabled children in the school context. By better addressing their specific needs in an educational context, it will directly engage Articles 28, 29 and 31. The positive impact on Articles 28 and 29 is self-evident. In terms of Article 31, it is important to bear in mind that school is not just a place of education but a place where students also play in break time and engage in cultural life and arts and that it is an important place for children to meet their peers and make and develop friendships that are important in relation to Article 31. Enhancing school provisions for children with additional learning needs and disabled needs will therefore enhance Jersey's commitment to Article 31. Indeed, Article 31(2) specifically states that equal opportunities are important here, requiring states to encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.'

2. I-CYPES-GP23-002 Children's Social Care Reform

By enabling better protection for the most vulnerable children in Jersey, this spending will better ensure that the conditions exist for children to learn, play, and engage in cultural life and arts. Children are more likely to succeed in this respect if they are safe and feel appropriately valued. Thus, this aspect of the decision will have a positive impact in terms of Articles 28, 29 and 31.

3. I-CYPES-GP23-003 Demographics and Needs

Assessments

As with the Inclusion Review heading above, this spending should have a positive impact in terms of articles 28, 29 and 31, for the reasons stated at a).

4. I-CYPES-GP23-004 Social Worker

Recruitment and Retention

The effect of this aspect of the decision mirrors the effect of provisions relating to Children's Social Care Reform. As explained directly above, this aspect of the decision will have a positive impact in terms of Articles 28, 29 and 31.

5. I-CYPES-GP23-005 Jersey Premium - Virtual School

By better ensuring that the children concerned receive their full educational entitlement and are placed without delay in a  school which  best  meets  their  needs  with appropriate pastoral skills and support, this aspect of the decision will have a positive impact in terms of Articles 28, 29 and 31.

6. I-CYPES-GP23-006 School Meals

This aspect of the decision will have a positive impact in terms of Articles 29, 29, and 31. As Chief Minister Deputy Kristina Moore  states, The access that children have to healthy food has an impact on their development and their school performance'. A healthy diet enhances educational development and is also important in relation to engaging in play, recreational and cultural activities.

Cluster 8 - Special protection measures

There are multiple aspects of the decision that will have a positive impact on this cluster of rights.

1. I-CYPES-GP23-001 Inclusion Review and c)I-CYPES-GP23-003 Demographics and Needs Assessments

By improving provision for children with additional learning needs and disabled children in the school context, these aspects of the decision will have a positive impact in terms of this cluster of rights by taking steps to ensure that all children can enjoy their rights under Article 4; they will also render children less vulnerable to exploitation and better protect them from illicit use of narcotic drugs and psychotropic substances.

2. I-CYPES-GP23-002 Children's Social Care Reform

The spending concerned should improve social care provisions and thereby better protect children in care, and care leavers, from various forms of exploitation and from illicit use of narcotic drugs and psychotropic substances. Thus, it will have a positive impact on this cluster of rights.

4. I-CYPES-GP23-004 Social Worker

Recruitment and Retention

The spending concerned will have a positive impact on this cluster of rights. The effect of this aspect of the decision mirrors the effect of provisions relating to Children's Social Care Reform; the only difference is that this aspect of the decision will extend the positive impact to children who are not in care.

5. I-CYPES-GP23-005 Jersey Premium - Virtual School

The spending concerned will, amongst other things, improve pastoral support for the children concerned. This will have a positive impact on the cluster of rights concerned by rendering them less vulnerable to exploitation and better protecting them from illicit use of narcotic drugs and psychotropic substances.

Stage 3: Evidence

3.1: What evidence has been used to inform your assessment? Include

published results which have involved consultation with children and young

people and any relevant research

Evidence collected

Explanation of the importance

What are the data gaps, if any?

Independent School

This report is the final written output of the Independent School Funding Review carried out in 2019 examining Jersey's education funding model. One of its recommendations is increase the funding available to schools and colleges to support students with the most significant Special Educational Needs (SEN)'.

Not applicable.

Funding Review

Independent Review of

This review identifies the need for improvement in terms of inclusivity in education in Jersey, including in all settings for children. It concludes, amongst other things: 'The evidence-base collated during the review process has led the review team to conclude that whilst there is some exemplary inclusive practice within specific areas of the education system, this is not yet happening consistently because it is not sufficiently reinforced at a strategic, systemic and systematic level.'

This review also notes the potential benefit of the Virtual School, stating: 'The virtual school is an exciting development, with great potential It has implications for those who are vulnerable or

Not applicable.

Inclusive Education and

Early Years 2021

experience barriers in accessing formal education'.

Our Plan for Jersey

This plan is based on the admission that 'Services to protect and care for children in Jersey have not been good enough in the past.' It outlines certain respects in which this service has been inadequate and provides a credible strategy for improving services, which will need funding.

Not applicable.

Children's Social Work

Service 2021 to 2023

Independent Children's

This independent review reveals ways in which Jersey's children's homes could be significantly improved. In summarising this matter, it states:

1. The purpose of children's homes, secure children's homes and supported accommodation is not articulated clearly enough and understood in practice.

2. The available resources are not sufficient, incoherent, and inefficiently deployed
3. Roles and responsibilities and lines of accountability lack clarity
4. Staff do not always feel valued and need more learning and development opportunities
5. There are gaps in the services'

Not applicable.

Homes Association

(ICHA) Review of

Children's Homes in

Jersey and Response

Discussion Paper

This report reveals that it is vital to take action to improve social worker recruitment and retention. The paper, published on 24th November 2022, states: The supply of care staff is failing to keep pace with demand and posing a potentially catastrophic risk to Jersey's care services. If not addressed, the Commission will be unable to provide sufficient assurance of the future

Not applicable.

Addressing Challenges

and Risks in Adult Social

stability of the social care sector.'

What is the relationship

The report concludes: The finding that care does not appear to be damaging, on average, to children's education should focus efforts on proactive strategies to provide services that enable children to thrive'. This is relevant to the Virtual School aspect of the decision, which is designed to enable children in Jersey's care system to thrive. The report also notes: Findings from the studies in the review are unequivocal: as a group, children in care lag

behind their peers on a number of measures of educational attainment, including grades, literacy and numeracy test scores, attendance and exclusions.' This is significant because it indicates that these children are particularly in need of support to achieve educational success.

The report cautions that it is based on studies undertaken in a limited number of Western countries (including the UK but not Jersey), and that different contextual systems should

be acknowledged which may limit transferability of some of the finding'.

between being in care

and the educational

outcomes of children?

An international

systematic review

Social Impact Report

This report provides information on the pilot scheme on which the School Meals aspect of the decision builds. It notes: Together with Government of Jersey, we set a number of KPIs, against which we measure success of the pilot. Needless to say it's been a big thumbs up!' It elaborates: we achieved an average score

of 90% of children who were delighted with their lunch ... achieved an average parent satisfaction score of 99% achieved an average uptake of paid for meals of 41% ...

Not applicable.

achieved an average uptake of free school meals of 45%'.

Discretion, Dignity, and

This article states: For children in poverty, free or subsidised food in schools can be a critical source of sustenance, especially if they are growing up in homes in which household income is insufficient to purchase the full range of foods considered necessary for optimal

health and development.' However, it also observes: there is some evidence that poverty related stigma deters some children from claiming FSMs [free school meals].' Further, it notes: Children who rely on free food in schools can find themselves set apart from their peers'

Not applicable.

Stage 4: Children's Involvement

4.1: 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?

Groups consulted

How they were involved

What were the findings?

Children, young people and those who speak on their behalf.

The annex to the Independent Review of

This is discussed above in Stage 3 in relation to the evidence identified there.

The Big Education Conversation reports: The main issue for primary schools is the inclusion in mainstream settings of children with special educational needs and disabilities (SEND) or complex behavioural needs. There is

Years 2021, discussed above, adopted what it calls a mixed-methods' mode of enquiry. 'This enabled detailed evidence to

be obtained from a range of stakeholders, ensuring that multiple viewpoints could be assembled.'

The Independent Children's Homes Association (ICHA)

concern that funding is inadequate to meet the needs of all children.' More generally, it states: By far the most consistent issue raised with the Big Education Conversation from parents and carers, and schools and teachers, was regarding the pressures faced by schools to adequately meet the needs of students with special educational needs and disabilities (SEND). This related specifically to the level of funding, resources and specialist support available for students, and the challenges of accessing that provision.' One conclusion of the Big Education Conversation is: There is an immediate need to provide adequate funding and resources for education targeted at areas of greatest need such as Special Educational Needs and Disabilities (SEND) provision. In the longer-term, funding levels will need to reflect the resources required to deliver the policy ambitions emerging from the Big

Education Conversation.'

The Big Education Conversation report also notes: The Big Education Conversation spoke with children and young people who are in care or have experience of care regarding the particular challenges associated with their education. We heard how this group of students often feel

Review of Children's Homes

in Jersey and Response

notes: 'The Terms of Reference were deliberately high-level and broad to give all stakeholders, including children and young people, an opportunity to speak freely about their experiences of care homes in Jersey and their aspirations for the future. At the core of the review, was the experiences and opinions of children and young people. The reviewer heard directly from children and young people and their advocates, including Children's Rights Officers and the Children's Commissioner.'

The Social Impact Report 2022 reports on the views of parents and children about the pilot school meals project.

The Big Education

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 was a considerable reference point for children's perspectives on inclusion, fairness and equity in learning and education system.

A letter from more than 500

like they are missing out on their education and their life chances are being restricted, as they lack appropriate support and stability (at home and in school) to succeed in their education.'

Further, the Big Conversation report states: Providing free healthy lunches (or less expensive options) were suggested by a sizeable number of young people.'

The letter from Victoria College students states, amongst other things: 'by neglecting to ensure children are fed, the government are in direct violation of Article 24 of the UN charter. We believe that the States of Jersey should realise their pledge to put children first and fulfil Article 24, ensuring that all children have the nutritious food they need to enable them to reach their full potential. Children are going hungry and with 75% of people's jobs impacted by coronavirus and 27% of households forecasting their finances to deteriorate, the problem will only get worse. Now is the time to act. The provision of free school meals to pupils with parents on income support at Janvrin, St. Luke's and Samares Schools has been conducted successfully by Caring Cooks. This is a strong foundation to build upon, but we would like to see a formal commitment from the government that all

Victoria College students

called for a formal

commitment from the

government that all students

with parents on income

support, regardless of the

school they attend, will be

students with parents on income support, regardless of the school they attend, will be provided with free school meals by September 2022 (in time for the start of the next academic year).'

Stage 5: Assessing Impact

5.1: What likely impact will the proposed decision have on children and

young people's rights?

Type of impact [please highlight]

Justification for Argument.

Likely or actual short/medium/long-term outcomes. Include resource implications (financial, regulatory, workforce, structural) as necessary

Positive

As explained in Stages 2 and 3, the decision should enhance Jersey's provisions in relation to the rights concerned. The various aspects of the decision are designed to address inequality and different needs in small communities in a way that is empowering: for instance, by better supporting inclusion of children with special educational needs in mainstream education.

The short/medium/long-term outcomes are likely to vary according to the different aspects of the decision. The long-term outcomes are likely to be positive in all respects. However, some aspects of the decision are likely to achieve significant improvement in the short-term as well as the medium and long-term, such as School Meals, whereas others, such as Children's Social Care Reform, may by their very nature take longer to achieve significant improvement.

Negative

The School Meals aspect of the decision is likely to benefit the children concerned overall. However, evidence shows that stigma and social exclusion are potential

It is likely that some children who would receive free school meals will suffer stigma. There is also the possibility of social exclusion. Steps that can be taken to reduce the possibility and degree of stigma and social

negative impacts for those who would receive free school meals.

exclusion are discussed in Section 5.3 below.

5.2: What are the likely different impacts on different groups of children

and young people?

Group of children affected

Initial analysis of the positive impact on rights

Initial analysis of the negative impact on rights

The decision will have an impact on the groups of children identified in Section 1.3.

The decision targets various groups of children. Details of its likely effects are described in Section 2.1 above. However, one point that is not mentioned in Section 2.1 but which is worth mentioning here is that those children who are financially disadvantaged are likely to benefit most overall from the School Meals aspect of the decision.

There is a potential negative impact of the School Meals aspect of the decision, as outlined in Section 5.1. This issue is considered in more detail in Section 5.3.

5.3: 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?

Describe the negative impact

What options are there to modify the measure(s) or mitigate the impact?

As noted in Sections

5.1 and 5.2, stigma is one potential negative impact for those who would receive free school meals

There are various options to mitigate the potential stigma and social exclusion associated with free school meals. It is important  to  take  appropriate  measures  here  both  to ensure that the uptake of free school meals is as high as possible and that the dignity of the children who do take them up is also as well protected as possible. As noted in General Comment No. 1 (2005): Article 29(1): The Aims of

helped to disguise who is ultimately paying for the meal. This technological solution is not quite the panacea it first seems, however.' This article elaborates: Children who rely on free food in schools can find themselves set apart from their peers if they are unable to choose from the same menu; some schools will serve only a hot meal to [free school meal] FSM pupils, and these pupils cannot choose a grabandgo option instead. Other FSMeligible children report having to sit apart from their friends who bring in packed lunches from home.' The article suggests various potential solutions to these problems, concluding: When it comes to eating, dignity can be achieved by consuming the same food as their friends, paid for in the same way and eaten in the same space. By giving children and young people full access to their meal allowances, and full choice of when to spend it, schools can prevent students living in poverty from being isolated from their friends due to their financial circumstances.'

Stage 6: Conclusions

6.1: In summary what are your key findings on the impact of the decision on

children and young people's rights?

The decision will have a positive impact overall on the rights of children identified in the above analysis. Various groups of children, such as those from socio- economically deprived families, should particularly benefit from it. There are various measures that can, and should, be taken to reduce the potential stigma and social exclusion associated with free schools and the associated negative potential impact on the rights concerned in relation to this aspect of the decision.

Name/Title of Duty Bearer:  

Minister for Children and Education

STAGE 1: SCREENING

The first stage of the CRIA requires summary level information to assess whether a

full CRIA (Stages 2-6) is required.

1.1: Name the proposed decision and briefly describe its aim

New School and Educational Developments and Upgrade to Children and Young Person, Education and Skills (CYPES) Estate.

As described in page 57 of the Proposed Government Plan 2023-2026, the purpose of the New School and Educational Developments Grouped Head is to enable projects related to the construction of new schools or educational facilities. Projects to be prioritised within this Head of Expenditure include an expansion of Mont a L'Abbé School, a new Digital Centre of Excellence, development of primary schools in St Helier, a replacement of Victoria College Preparatory School and sports facilities at Le Rocquier.'

As described in pages 57 of the Proposed Government Plan 2023-2026, the Upgrade to CYPES Estate is to support investment priorities across the CYPES estate. It is intended that this Head of Expenditure will be used to establish a therapeutic care home for children, refurbish existing residential homes, provide new premises for music development, deliver improvements to existing schools, and support delivery of school sports pitches and play spaces and enable an expansion of Youth Service facilities.'

1.2: Which children's rights will be impacted?

A description of relevant children's rights can be found in the UNCRC. This comprises 54 Articles, 2 adopted Optional Protocols (covering the involvement of children in armed conflict and the sale of children, child prostitution and child pornography) and a series of General comments.

Cluster 1 - General Measures of Implementation Cluster 3 - General Principles

Cluster 4 – Civil Rights and Freedom

Cluster 6 - Basic Health and Welfare

development of the brain, particularly in the early years.' Amongst other things, it also highlights the importance of children engaging in the activities concerned not only on their own but with peers and adults. For example, it states: Through engagement with their peers, children create and transmit their own language, games, secret worlds, fantasies and other cultural knowledge.'

General comment No. 19 (2016) on public budgeting for the realization of children's

rights (art. 4). This makes it clear that, in order to fulfil Article 4, States Parties are, among  things,  required  to  budget  and  spend  to  realise  children's  rights.  This requires  that  Sufficient  public  resources  are  mobilized,  allocated  and  utilized effectively  to  fully  implement  approved  legislation,  policies,  programmes  and budgets.'

1.3: Which groups of children and young people are likely to be affected

most?

All children will be potentially affected by the decision, particularly school children.

1.4: What is the likely impact of the proposed decision on children in

Jersey?

The impact will be positive in terms of the rights concerned. Both aspects of the decision will meet urgent and emerging needs, tackling inequalities between schools so that there is an equitable system in place for school students. Various projects are identified within the school plan (as quoted above in Section 1.1). Further projects will be set as needs emerge and are identified by the new government. This kind of adaptability is required in order to ensure that the educational needs of all children can be met, and that there is appropriate resource available.

1.5: Is a full child rights impact assessment required? Explain your rationale

Yes, a full child rights impact assessment is required. The decision will potentially affect all children of compulsory school age in Jersey, the resource commitment is significant (for example, £17.125 million in 2023) and vulnerable groups will be among those affected.

Stage 2: Scoping

2.1: Thinking about the children's rights identified in Section 1.2, explain the

expected effect of the proposed decision on those rights?

Cluster/Article

Further analysis on the expected effect

General Measures of Implementation

By providing support in the educational context, such as the construction of new schools or educational facilities, the decision contributes to ensuring that children are better educated in many respects, including in relation to their Convention rights.

General Principles.

As explained below in the context of other clusters of rights, various aspects of the decision contribute to compliance with Article 2 by helping to ensure that Convention rights are enjoyed by each school child in Jersey without discrimination of any kind. By helping to promote the interests of children in an educational context in multiple ways, the decision promotes the best interests of the child, helps to provide for their care, and helps ensure that schools and other educational institutions responsible for the care or protection of children within their jurisdiction shall conform with the standards established by competent authorities as required by Article 3 of the UNCRC. It is part of a set of measures necessary for the implementation of the rights recognised in the UNCRC, as required by Article 4. Further, as explained below in the context of other clusters of rights it is designed to ensure that children develop to their full potential, as required by Article 6.

The decision will support the following:

All children in Jersey have the best start in life;

All children in Jersey live healthy lives;

All children in Jersey learn and achieve;

All children in Jersey grow up safely;

All children in Jersey are valued and involved.

It will have a positive impact in terms of some of the Jersey Performance Framework indicators: for example, the % of children aged 4 to 5 years achieving or exceeding

the expected level of development, the % of children

aged 4 to 5 years with a healthy BMI, the % of children

aged 10 to 11 years with a healthy BMI, the % of children

meeting the recommended level of physical activity, and

all of the indicators for learning and achievement.

Civil Rights and Freedoms

The decision will be implemented in collaboration with children, young people and their families so that they are Valued and Involved. This helps ensure compliance with Article 12(1), since this Article requires that States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

Basic Health and Welfare

By enabling spending on improving the safety of CYPES estate, this decision will contribute to the right to survival and help ensure the physical health of children, as required by Article 6. Further, by improving provisions in relation to sports facilities, other recreational facilities, and play areas, this decision also contributes positively to the physical and emotional well-being of children and to their development, thus having a positive impact in terms of Articles 6 and 24. Moreover, some of the spending will improve facilities for disabled children: for example, by enabling disabled people to access the whole or specific areas of buildings. Thus, it will contribute to compliance with Article 23.

Education, Leisure and Cultural Activities

Much  of  the  decision  is  concerned  with  improving educational facilities for children. In this respect, it will have a positive impact in terms of Articles 28 and 29. As noted above in relation to Basic Health and Welfare, the decision  will  improve  provisions  in  relation  to  sports facilities, other recreational facilities, and play areas. Thus, will have a positive impact in terms of the Article 31 right

of  children  to  rest  and  leisure,  to  engage  in  play  and recreational activities, and to participate freely in cultural life and arts.

Special Protection Measures

The spending on Youth Services facilities should help to protect children from drug abuse and sexual exploitation, as required by Articles 33 and 34 respectively. Safeguarding and welfare will be high priorities.

Stage 3: Evidence

3.1: What evidence has been used to inform your assessment? Include

published results which have involved consultation with children and young

people and any relevant research

Evidence collected

Explanation of the importance

What are the data gaps, if any?

Big Education

This consultation asked the community about educational needs and provisions in Jersey. Page 14 notes: 'There is also a level of 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.' This clearly indicates a desire for better equality buildings and play areas.

Pages 15 notes that 'students and parents want Jersey's

Not applicable.

Conversation Response

education system to provide accessible, quality and equitable learning opportunities for all students'. Further, page 16 observes: 'We were told that a number of different groups may be at risk from having full access and participation in education ... [based on various factors such as disability]'. This indicates that more needs to be done to ensure equality, particularly in relation to disability.

Life on The Rock

This report presents the views of children about life in Jersey. It states: '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 the spending on Youth Services facilities addresses.

This report also states: 'Things like football and other team games, dancing, art and music lessons need to be freely available for all children and from a young age, to get them in the habit of viewing their pastimes as fun "before drinking becomes fun"'. This, again, indicates the need for better sports and other recreational facilities.

In addition, this report observes: 'It is expensive to attend swimming, singing, music and sporting activities

Not applicable.

and lessons on the island. This can cause a divide between those who can afford to do well in life and those who cannot.'' This indicates that there is a need for recreational activities for children that are either free or more affordable for lower- income families.

This report also notes that some disabled children experience trouble accessing school and concludes on this point: Disabled students struggling to access school should be a thing of the past.' This indicates that more needs to be done in terms of the inclusion of disabled children in education.

Jersey Children and

As stated in page 1, This biennial survey gives every child in education in Years 4, 6, 8, 10 and 12 the opportunity to describe their life and opinions across a wide range of topics'. As reported on page 38, 39% of those surveyed said that better facilities to do sport would encourage them to do more exercise. This is significant in relation to the aspects of the decision concerning sporting facilities, particularly since page 38 also reveals that

two-thirds (67%) of young people would like to do more exercise in the future'. It is evident that more exercise would be helpful for the health of those surveyed as a group since, as stated on page 37, less than one in five (18%) young people reported being physically active at or above the

The findings in this survey as a whole are not applicable in relation to most aspects of the decision. This is not a fault of the survey; it simply reflects the fact that the survey deals with a wide range of issues rather than concentrates on those relating to the decision.

Young People's Survey

UK NHS recommended level (at least one hour, on each of the 7 days preceding the survey'.

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

The findings are described above in Section 3.1.

Response, which in turn informed the decision.

Two Children's Advisory Groups (CAGs)

Two CAGs were involved in the production of Life on The Rock, This report indirectly influenced the development of the decision.

The findings are described above in Section 3.1.

Children will be consulted and heard at each stage of implementation of the projects as the details develop.

Stage 5: Assessing Impact

5.1: What likely impact will the proposed decision have on children and

young people's rights?

Type of impact

Justification for Argument.

Likely or actual short/medium/long-term outcomes. Include resource implications (financial,

regulatory, workforce, structural) as necessary

Positive

As explained above (particularly in Section 2.1), the additional spending concerned should enhance Jersey's provisions in relation to the rights concerned by enabling projects relating to new schools, educational developments and priorities across the CYPES estate.

The development will also enable a long lasting and effective response to inequities in existing provision.

Most of the impact will inevitably be in the medium and long-term, since the projects concerned by their nature often cannot be implemented in the short-term. Some of the projects, such as those concerned with improving existing schools, should have a quicker impact.

Negative

Potential impact on Article 31 rights, if a new town primary school resulted in an overall reduction in available space for children to meet and play outdoors.

Dependant on the detail of CYPES estate upgrade project.

5.2: What are the likely different impacts on different groups of children

and young people?

Group of children affected

Initial analysis of the positive impact on rights

Initial analysis of the negative impact on rights

Children of compulsory school age in Jersey

Children in this group will benefit from improved and new educational and recreational facilities as a result of this decision.

There is no likely negative impact, since the purpose of the allocation of resource is to improve provision which directly supports children's rights.

Children under compulsory school age

Children in this category are future beneficiaries of the new and improved facilities,

plus the commitment to enhancing equity in education.

Children from economically deprived families, disabled children and looked after children

Some aspects of the decision will have particular positive impact for children in these categories, since they are targeted improvements to existing provision, or involve creation of new educational and recreational facilities designed to support children in these categories.

5.3: 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?

Describe the negative impact

What options are there to modify the measure(s) or mitigate the impact?

Possible reduction in available space for children to meet and play outdoors.

The identification of alternative open spaces, both within St. Helier and elsewhere.

Stage 6: Conclusions

6.1: In summary what are your key findings on the impact of the decision on

children and young people's rights?

As explained above, the decision will have a positive impact on the rights of children identified in the above analysis. Children who are disabled, looked after and/ or who are from economically deprived families should particularly benefit from it. There should be no negative impact on rights.

Name/Title of Duty Bearer:  

Assistant  Minister  for  Children  and Education - Early Years

STAGE 1: SCREENING

The first stage of the CRIA requires summary level information to assess whether a

full CRIA (Stages 2-6) is required.

1.1: Name the proposed decision and briefly describe its aim

Recruitment of an infant feeding midwife specialist to lead the Government of Jersey's infant feeding agenda. Permanent funding will be provided to sustain this post, to continue to maintain and increase levels of breast-feeding support to mothers  whilst  maintaining  Jersey's  attained  international  accreditation.  The postholders duties include:

• Driving  forward  infant  feeding  developments  such  as  planning  and implementation of the United Nations International Children's Emergency Fund (UNICEF) Baby Friendly Initiative Standards across maternity services.

• Ensuring that a coordinated approach to infant feeding support and management is  adopted.  The  post  holder  will  work  autonomously  and  provide  professional leadership and expert information about infant feeding advice.

• Developing feeding policy, guidelines and patient information and supporting staff to make changes needed to implement best practice for infant feeding.

• Participating in and delivering in-service training in the unit and community in relation to infant feeding.

• Carrying out audits related to infant feeding practices and actioning any areas for development.

1.2: Which children's rights will be impacted?

A description of relevant children's rights can be found in the UNCRC. This comprises 54 Articles, 2 adopted Optional Protocols (covering the involvement of children in armed conflict and the sale of children, child prostitution and child pornography) and a series of General comments.

Cluster 5 - Basic health / welfare

Article 2 - The Convention applies to all children. State parties must respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind.

Article 3 - The best interests of the child shall be a primary consideration in all things that affect children.

Article 4 - Governments must do all they can to make sure every child can enjoy their rights.

Article 6 - Every child has the right to life. Governments must do all they can to make sure that children survive and develop to their full potential.

Article 24 - Every child has the right to the best possible health. Governments must, amongst other things, work to provide necessary medical assistance and health care to all children. They must also strive to ensure that all children are provided with adequate nutritious foods and ensure appropriate healthcare for mothers. State parties must develop preventive health care and guidance for parents, ensuring that all segments of society are supported in the use of basic knowledge of child health and nutrition' and the advantages of breastfeeding'.

Article 27 - Every child has the right to a standard of living that is good enough to meet their physical, social and mental needs. Governments must take appropriate measures to assist parents and others responsible for the child to implement this right and must in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.

1.3: Which groups of children and young people are likely to be affected

most?

Groups of children who share certain characteristics

Children of breastfeeding age will be affected most. For children up to around one year of age, this is normally the primary source of nutrition. This is primarily children under two years of age, particularly those up to the age of six months, whom UNICEF and the World Health Organisation (WHO) recommend are exclusively breastfed.

1.4: What is the likely impact of the proposed decision on children in

Jersey?

The decision will increase the support that the Government of Jersey provides to parents to build close and loving relationships with their babies, and to make feeding choices which support optimum health and development. It will directly

strengthen Jersey's provision in relation to the children's rights concerned. It will also provide support for families for whom breastfeeding is impossible or difficult.

1.5: Is a full child rights impact assessment required? Explain your rationale

A full child rights impact assessment is required. The decision will potentially affect all children of breastfeeding age in Jersey. Further, it affects vulnerable groups because research shows that some families are more in need of support in this respect; this research indicates that factors such as maternal age and socio- economic background are associated with breastfeeding rates.

Stage 2: Scoping

2.1: Thinking about the children's rights identified in Section 1.2, explain the

expected effect of the proposed decision on those rights?

Cluster/Article

Further analysis on the expected effect

General Principles

The decision will help Jersey to implement the UNICEF Baby Friendly  Initiative  Standards.  Leading  a  multidisciplinary team, the infant feeding midwife specialist will help staff to empower parents to build close and loving relationships with their babies and to make optimum feeding choices. This will have a positive impact on the rights affected. It should  increase  Jersey's  breastfeeding  rates,  which research indicates is significantly lower in younger mothers and mothers who are socio-economically deprived. It is well-established  that  breastfeeding  has  significant  short and long-term health benefits for babies, as well for the health of the mother. However, it is for each mother to decide how to feed their baby; they may need support and guidance  by  healthcare  professionals  whatever  they choose and the decision will help to ensure that mothers

are  treated  in  a  non-judgmental  manner.  The  decision should also help those who cannot breastfeed or choose not to do so, by implementing best practice to ensure that all parents can make informed decisions and are given the best available evidenced-based support.

By  helping  to  implement  appropriate  standards  and support  for  mothers,  the  decision  promotes  the  best interests of the child, as required by Article 3 of the UNCRC. It  is  part  of  a  set  of  measures  necessary  for  the implementation of the rights recognised in the UNCRC, as required  by  Article  4.  By  improving  support  for  infant feeding in general and breastfeeding in particular, it helps to ensure that all children in Jersey have the best start in life  and  develop  to  their  full  potential,  as  required  by Articles 2 and 6. Jersey's breastfeeding rate is a measure of whether All children in Jersey have the best start in life. Further, it is essential that Islanders can access high quality, effective health services.

Basic health and welfare

The decision will have a positive impact in terms of Articles 24,  which  requires  Governments  to  take  appropriate measures to assist the health of children and mothers. It should  help  to  ensure  that  all  segments  of  society, particularly  parents,  are  supported  in  the  use  of  basic knowledge  of  child  health  and  nutrition'  and  the advantages of breastfeeding', as required by Article 24. Further,  it  contributes  to  the  provision  of  material assistance  and  support  programmes  with  regard  to nutrition  and  thus  helps  the  Government  to  fulfil  its responsibility under Article 27. Breastfeeding can help to reduce short and long-term health issues for children and sudden infant death syndrome, as well as provide health benefits for  the mother and facilitate bonding. General feeding advice and support from healthcare professionals is also important for both the health of the child and the mental  welfare  of  the mother. In relation  to  the  latter point, it is important to bear in mind that Mental health and wellbeing are fundamental to quality of life in Jersey.

3.1: What evidence has been used to inform your assessment? Include

published results which have involved consultation with children and young

people and any relevant research

Evidence collected

Explanation of the importance

What are the data gaps, if any?

UNICEF Baby Friendly

As explained by UNICEF, there is 'extensive and resounding evidence that breastfeeding saves lives, improves health and cuts costs in every country worldwide.'

Not applicable.

Initiative Standards

Factors Associated With

This study shows that there is significant variation in UK breastfeeding rates according to sociodemographic profile. It also notes: 'previous studies have identified a variety of sociodemographic and behavioural factors, including area of residence, maternal age, socioeconomic background, maternal education, ethnicity, smoking behaviour and maternal obesity, as being associated with breastfeeding in both the UK and other high income countries.' Further, it observes: ' Non-white ethnicity has consistently been linked to increased breastfeeding in individual level studies.'

This study does not specifically focus on Jersey. However, Jersey statistical data relating to maternal age is available elsewhere (as discussed below).

Breastfeeding: An

Births, Fertility and

This  shows  that  in  Jersey  at discharge, breastfeeding rates of mothers aged 15-24 years were significantly lower than those of mothers aged 30 years and over.' Similarly,  it  indicates  that breastfeeding  rates  at  6  to  8 weeks  were  lower  among mothers  aged  24  years  and under (32%) than mothers aged 30  years  and  over  (67%).'  This indicates that there is significant variation in breastfeeding rates

There are no statistics about other factors that may produce variation in breastfeeding rates in Jersey.

Breastfeeding 2021

according to the age of mothers and  that  much  more  could  be done  to  improve  the  rate  in particular  among  younger mothers.

This  document  also  indicates that  three  quarters  (73%)  of babies were being breastfed at discharge  from  maternity  in 2021, a similar proportion to that seen in each year since 2010.' In addition, it states that in 2021, the proportion of mothers who were  breastfeeding  at  6  to  8 weeks  after  birth  was  59%, comprising  41%  breastfeeding exclusively  and  a  further  18% partially'  and  that  the proportion  of  babies  receiving mixed  breastfeeding  at  6  to  8 weeks  old has  been essentially unchanged  since  2016.'  The situation  at  6  to  8  weeks  old compares favourably to England. As  the  report  puts  it,  Jersey's proportion of mothers who were breastfeeding  at  6  to  8  weeks after birth (62%) was higher than in England (48%) in 2020-2021.' However, the report also shows that Jersey has made no progress in  recent  years  in  relation  to breastfeeding  rates  among babies at discharge and at six to eight weeks old.

New Evidence on

This study illustrates the importance of providing expert infant feeding support. As the authors put it, Our results underline the importance of providing expert breastfeeding support to women who want to breastfeed; but also, of providing compassionate support for women who had

Not applicable.

Breastfeeding and

Postpartum Depression:

The Importance of

Understanding Women's

intended to breastfeed, but who find themselves unable to.'

General comment No. 15

Observation from the United Nations Committee on the Rights of the Child that infant feeding practices are crucial to the health of the child. The Committee state at paragraph 18: Among the key determinants of children's health, nutrition and development are the realization of the mother's right to health and the role of parents and other caregivers. A significant number of infant deaths occur during the neonatal period, related to the poor health of the mother prior to, and during, the pregnancy and the immediate post-partum period, and to suboptimal breastfeeding practices.'

Further, the Committee make it clear that adequate infant feeding support is crucial for a state to fulfil its obligation in relation to the provision of nutritious food. They state at paragraph 44: Exclusive breastfeeding for infants up to 6 months of age should be protected and promoted and breastfeeding should continue alongside appropriate complementary foods preferably until two years of age, where feasible.'

Not applicable.

(2013) on the right of

the child to the

enjoyment of the

highest attainable

standard of health (art.

Stage 4: Children's Involvement

4.1: 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?

Groups consulted

How they were involved

What were the findings?

Those most impacted (babies) would be unable to express their views. However, the views of parents and carers were a key part of the evidence base for this decision.

To better understand the views and experiences of parents and carers in Jersey, the Early Years Policy Development Board ran a series of focus groups with parents and carers from various socio- economic backgrounds, the findings of which are published in Early Years Policy Development Board: Headlines From

The report states: A key theme amongst all groups was breastfeeding'. One sub-theme here is summarised as No support, consultants'.

Comments from participants included We could provide the best start for our children so much better if we had:

• breastfeeding support and groups to help you when you struggle

• a breastfeeding consultant

• breastfeeding support

UNICEF's Baby Friendly Initiative (BFI) recognises the importance of raising breastfeeding initiation and continuation rates across the population. The steering group locally is comprised of States Members from within Government and non-executive, together with the BFI Lead and senior officials within Health and policy, and representatives from groups working with babies and families.  

The members of this group identified the need for an Infant Feeding Lead to support the pathway to achieving BFI Gold.

In August 2021, mothers in Jersey who breastfeed were invited to take part in their own version of The Big Latch – an

The parents and carers present at this gathering (mothers, father, grandparents) overwhelmingly felt that more specialist support was

event which is an integral part of World Breastfeeding Week. The annual event is attended by many mums and dads and is an opportunity for parents to meet up and

relax in a friendly setting with their babies. The campaign featured breast-feeding mums, and mums were also invited to show their support for breastfeeding by uploading a "selfie" of them breastfeeding their baby or child, on social media, using the hashtag #VirtualBigLatchJersey2021

needed. They requested a practitioner with high level qualifications, and they said that quick access was crucial, especially in the early days of breastfeeding. They wanted to see a practitioner who had time to spend with them and wasn't having to rush off to see to other

tasks. They also requested a peer support system to be set up and supported by this specialist.

Stage 5: Assessing Impact

5.1: What likely impact will the proposed decision have on children and

young people's rights?

Type of impact [please highlight]

Justification for Argument.

Likely or actual short/medium/long-term outcomes. Include resource implications (financial, regulatory, workforce, structural) as necessary

Positive

As noted above, providing additional infant feeding support will have a positive impact in terms of the rights concerned: namely, Articles 2, 3, 4, 6, 24 and 27. As explained in Stages 2 and 3, providing expert infant support and guidance is necessary to fulfil all of these rights.

The decision should help Jersey maintain its Baby Friendly Initiative Level 3 Accreditation in the short term and build on this success in the medium and long- terms. Although Level 3 is the highest stage, more can be done in the medium and long term in terms of the infant feeding agenda: for instance, as noted above, Jersey has made no

The decision should enhance Jersey's level of support and thus its provisions in relation to the rights concerned.

overall progress in recent years in relation to increasing breastfeeding rates among babies at discharge and at six to eight weeks old.

5.2: What are the likely different impacts on different groups of children and young

people?

Group of children affected

Initial analysis of the positive impact on rights

Initial analysis of the negative impact on rights

All infants

Providing better infant feeding support will have a positive impact for all infants.

Not applicable.

Infants of younger mothers, Infants from socio-economically deprived families, and Infants of mothers who are of white ethnicity.

Evidence indicates that breastfeeding rates vary according to various factors, including the age of the mother, the socio-economic status of the family, and the ethnicity of the mother. Support better tailored to these factors, as ought to occur as a result of this decision, should particularly benefit certain groups of infants who have hitherto been at a disadvantage in this respect.

Not applicable.

5.3: 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?

Describe the negative impact

What options are there to modify the measure(s) or mitigate the impact?

No negative impact on the rights of children or young people were identified

Stage 6: Conclusions

6.1: In summary what are your key findings on the impact of the decision on

children and young people's rights?

The decision will have a positive impact on the rights of children identified in the above analysis. Infants of younger mothers, Infants from socio-economically deprived families, and Infants of mothers who are of white ethnicity should particularly benefit from it. There should be no negative impact on rights.

Name/Title of Duty Bearer:  

Chief Minister

STAGE 1: SCREENING

The first stage of the CRIA requires summary level information to assess whether a

full CRIA (Stages 2-6) is required.

1.1: Name the proposed decision and briefly describe its aim

An increase to the General Reserve of £2.5 million per year in 2023, 2024, and 2025 to meet the incremental cost to front-line services of the parental leave

policy introduced across the Government in 2022: namely, the introduction of the entitlement to 20 weeks of paid parental leave introduced for all new parents working in the public sector.  

1.2: Which children's rights will be impacted?

A description of relevant children's rights can be found in the UNCRC. This comprises 54 Articles, 2 adopted Optional Protocols (covering the involvement of children in armed conflict and the sale of children, child prostitution and child pornography) and a series of General comments.

Cluster 2 - General Principles

Cluster 5 – Family Environment and Alternative Care Cluster 6 - Basic Health and Welfare

Article 2 - The Convention applies to all children. States parties must respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind.

Article 3 – Article 3(1) requires that the best interests of the child shall be a primary consideration in all things that affect children. Under Article 3(2), States Parties must ensure the child such protection and care as is necessary for their well-being, taking into  account  the  rights  and  duties  of  their  parents,  legal  guardians,  or  other individuals legally responsible for them, and, to this end, shall take all appropriate legislative and administrative measures. Article 3(3) requires that States Parties ensure  that  the  institutions,  services  and  facilities  responsible  for  the  care  or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.

Article 4 - Governments must do all they can to make sure every child can enjoy their rights.

to-day responsibility for realizing children's rights'. In relation to Article 18, it states:' States  parties  are  required  to  render  appropriate  assistance  to  parents,  legal guardians  and  extended  families  in  the  performance  of  their  child-rearing responsibilities (arts. 18.2 and 18.3), including assisting parents in providing living conditions necessary for  the child's development (art. 27.2) and ensuring  that children  receive  necessary  protection  and  care  (art.  3.2).  The  Committee  is concerned that insufficient account is taken of the resources, skills and personal commitment required of parents and others responsible for young children '

General comment No. 14 (2013) on the right of the child to have his or her best

interests taken as a primary consideration (art. 3, para. 1). Amongst other things,

this comment reminds States Parties that they are required to uphold the child's best interests in the allocation of national resources for programmes and measures aimed  at  implementing  children's  rights'.  On  the  allocation  of  priorities,  it emphasises: The expression "primary consideration" means that the child's best interests may not be considered on the same level as all other considerations. This strong  position  is  justified  by  the  special  situation  of  the  child:  dependency, maturity, legal status and, often, voicelessness. Children have less possibility than adults to make a strong case for their own interests and those involved in decisions affecting them must be explicitly aware of their interests. If the interests of children are not highlighted, they tend to be overlooked.'

General comment No. 15 (2013) on the right of the child to the enjoyment of the

highest  attainable  standard  of  health  (art.  24).  This  guidance  includes  the

instruction: The notion of "the highest attainable standard of health" takes into account both the child's biological, social, cultural and economic preconditions and the State's available resources, supplemented by resources made available by other sources, including non-governmental organizations, the international community and the private sector.'

General comment No. 19 (2016) on public budgeting for the realization of children's

rights (art. 4). This makes it clear that, in order to fulfil Article 4, States Parties are, among  things,  required  to  budget  and  spend  to  realise  children's  rights.  This requires  that  Sufficient  public  resources  are  mobilized,  allocated  and  utilized effectively  to  fully  implement  approved  legislation,  policies,  programmes  and budgets.'

1.3: Which groups of children and young people are likely to be affected

most?

Groups of children who share certain characteristics

Children under the age of 2 who are part of a family to which the 20 weeks of paid leave policy applies. It will also indirectly benefit other children in the same family; e.g. by the provision of financial support for their parents.

All children

By allowing for the recruitment and training of suitable temporary replacements for frontline staff who provide services relating to the care and/or protection of children, the decision will benefit all children, since they all to one extent or another rely on such public services.

1.4: What is the likely impact of the proposed decision on children in

Jersey?

The decision is likely to have a positive impact on the children in Jersey to whom it applies. It should enable employees of the public sector (as the largest employer in the Island) to take leave without worrying about finances, since they will benefit from their normal rate of pay for up to 20 weeks. This in turn should help them to concentrate on looking after the young children concerned and thus strengthen Jersey's provision in relation to the rights identified above. As explained in section 1.3, the decision will also indirectly benefit other children in the same family and all children, since they all to one extent or another rely on public services relating to the care and/or protection of children.

1.5: Is a full child rights impact assessment required? Explain your rationale

A full child rights impact assessment is required. The decision will affect all children in Jersey. The public sector is a major employer (the Labour Market Report for June 2022 indicates that there 8,840 jobs in the public sector) and it provides multiple frontline services relating to the care and/or protection of children. The roles of government employees taking parental leave will be covered by suitably trained and senior people due to the funding provided. This will potentially affect all children in Jersey positively, since unskilled, temporary cover would have an adverse effect on children's rights. Further, research suggests that paid parental leave may benefit underprivileged families the most: for example, in relation to infant birth outcomes.

Stage 2: Scoping

2.1: Thinking about the children's rights identified in Section 1.2, explain the

expected effect of the proposed decision on those rights?

Cluster/Article

Further analysis on the expected effect

General Principles

The increase in the coverage of paid parental leave will help public sector parents to build close and loving relationships with their babies. There is extensive research demonstrating that paid parental leave is significantly beneficial for parents and that this benefit trickles down to children. This research demonstrates that paid leave does not just help parents focus on bonding with their children and adapting to the requirements of parenting but it also helps improve the mental and physical health of children, as well as their cognitive functioning and socio- emotional skills. As noted below, it appears that the extension of existing paid parental leave (as is the case here) has less effect than the introduction of the right to it. However, there is credible evidence that extending paid parental leave to 20 weeks will yield benefits to the child.

By helping to support parents, the decision promotes the best interests of the child and contributes to the child receiving such care and protection as is necessary, as required by Article 3 of the UNCRC. It is part of a set of measures necessary for the implementation of the rights recognised in the UNCRC, as required by Article 4. By improving the mental and physical health of children, it will contribute to ensuring that all children in Jersey have the best start in life and develop to their full potential, as required by Articles 2 and 6 and Jersey's policy that All children in Jersey have the best start in life.

Family Environment and Alternative Care

Since the decision is applicable to all relevant parents, its helps fulfil the requirement under Article 18(1) that 'States Parties shall use their best efforts to ensure recognition of the  principle  that  both  parents  have  common responsibilities for the upbringing and development of the child'.  In  addition,  it  contributes  to  the  Article  18(2) requirement that 'States Parties shall render appropriate

assistance  to  parents  and  legal  guardians  in  the performance of their child-rearing responsibilities'.

Basic Health and Welfare

The decision will have a positive impact in terms of Article 24,  which  requires  Governments  to  take  appropriate measures  to  ensure  that  children  enjoy  the  highest attainable standard of health. Further, it provides material assistance towards a standard of living adequate for the children concerned and thus helps the Government to fulfil its responsibility under Article 27.

Stage 3: Evidence

3.1: What evidence has been used to inform your assessment? Include

published results which have involved consultation with children and young

people and any relevant research

Evidence collected

Explanation of the importance

What are the data gaps, if any?

The urgent necessity for

This research explains how 'beneficial paid leave is for the physical health, mental well- being, and stability of the entire family'. This study notes: 'research suggests that underprivileged families may benefit most from parental leave policies, starting with better birth outcomes, including fewer early term births, possibly owing to decreased stress during pregnancy.' It cites supporting research published elsewhere.

The research cited in support of the author's position does not focus on Jersey. Further, it focuses on the benefits of the introduction, rather than the extension, of paid parental leave.

paid parental leave

The best start for life a

This UK Government research explains that the first 1001 days of life – from conception to a child's second birthday - is a critical period. It is a time of tremendous potential and enormous vulnerability. Experiences during this time have a profound impact on a

child's ability to grow, learn and thrive.

The effects of paid

This research demonstrates how paid parental leave can improve infant outcomes; for example, it states: 'The availability of paid time off may reduce physical and mental stress during pregnancy. Stress has been shown to have adverse effects on infant endowments of human capital, as measured by birth outcomes such as birth weight and gestational age.'

This research focuses on the effects of the introduction of maternity leave programmes on birth outcomes in the United States. It does not focus on parental leave policies more generally or on Jersey.

maternity leave:

Evidence from

Paid Family Leave

This research suggests that paid family leave for up to one year may yield child and maternal health benefits in the short and long run.' Focusing on the US, it states: the available evidence suggests that the introduction of leave of up to six months to one year may yield child and maternal health benefits in the short and long run. Studies on leave expansions in other countries suggest decreasing marginal benefits to leave beyond this length.'

This research does not focus on Jersey or on the benefits of extending parental leave to 20 weeks in particular. This is significant because this paper suggests that the extension of existing leave has less effect' than the introduction of the right to parental leave.  

Policies And

Population Health

Parental leave and

With reference to data from 16 European countries, this research concludes: More generous paid leave is found to reduce deaths of infants and young children. The magnitudes of the estimated effects are substantial, especially where a causal effect of leave is most plausible. ... The evidence further suggests that parental leave may be a cost-effective

The study does not draw on data from Jersey or specifically consider the potential benefits of extending paid parental leave to 20 weeks.

method of bettering child health.'

Paid parental leave

With reference to supporting studies published elsewhere, this paper asserts that there is a link between more generous parental leave polices and lower infant mortality.

This study does not draw on data from Jersey or specifically consider the potential benefits of extending paid parental leave to 20 weeks.

and family wellbeing in

the sustainable

development era

Maternity leave and

Focusing on data related to an extension of maternity leave coverage from 2 to 6 months in in the Federal Republic of Germany in 1978, this research concludes that the legislative change generated positive long- term health effects for the children concerned. It states: Children subject to the more generous leave scheme are on average 1.7 percent less likely to be hospitalized. The results are driven by fewer hospital admissions among men and are stronger for individuals in their late 20s and after. Additionally, using the diagnoses codes of hospitalizations, the results show that the largest driver for the decline in hospital admissions comes from a reduction in mental and behavioural disorders (MBDs).'

This study does not draw on data from Jersey or specifically consider the potential benefits of extending paid parental leave to 20 weeks.

children's health

outcomes in the long-

Population Health and

Referring to research published elsewhere, this study notes: Several credible examinations of paid parental leave in dozens of countries, from low and middle income to wealthy ones, have demonstrated a strong link between paid parental leave

This study does not draw on data from Jersey or specifically consider the potential benefits of extending paid

Paid Parental Leave:

What the United States

Can Learn from Two

Decades of Research

and child survival. Investigations by Ruhm [8] and Tanaka [6] have shown a non-linear effect on the health benefits of parental leave, with the greatest improvements seen after children are a month old. The more parental leave is extended, the greater these benefits appear to be (at least up to the 40-week mark). Ruhm estimates implementing 40 weeks of job-protected paid parental leave to accompany a 15% reduction in child mortalitya reduction that would correspond to more than 4000 fewer child deaths each year in the US [89].'

parental leave to 20 weeks.

Stage 4: Children's Involvement

4.1: 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?

Groups consulted

How they were involved

What were the findings?

Parents and carers.

To better understand the views and experiences of parents and carers in Jersey, the Early Years Policy Development Board ran a series of focus groups with parents and carers from various socio- economic backgrounds, the findings of which are published in Early Years Policy Development

A key finding of the Early Years Policy Development Board report was: All felt that maternity leave should be longer to be able to bond with the child and have less pressure to return to work, but also that it is paid so the financial stress is decreased.' The report concluded: Parental leave – many really struggling as cannot afford or do not have enough time off.'

Parents and children.

Many parents who participated thought that limited maternity leave' was a challenge facing children and families in Jersey. Some children involved identified the following as a top priority in relation to early years: Equitable statutory maternity and paternity rights. Increased availability of maternity / paternity leave – establish and extend to six months (supports breast feeding)'.

Stage 5: Assessing Impact

5.1: What likely impact will the proposed decision have on children and

young people's rights?

Type of impact [please highlight]

Justification for Argument.

Likely or actual short/medium/long-term outcomes. Include resource implications (financial, regulatory, workforce, structural) as necessary

Positive

As noted above, there is credible evidence that extending paid parental leave to 20 weeks may yield health benefits to the child and thus have a positive impact in terms of Articles 2, 3, 4, 6, 24 and 27.

By allowing for the recruitment and training of

There should be a short, medium and long-term reduction in infant mortality. Credible evidence (discussed in Stage 3) also suggests that it should reduce childhood hospitalisations and mental and behavioural disorders. The financial cost of the decision is

suitable temporary replacements for frontline staff who provide services relating to the care and/or protection of children, the decision also contributes to the fulfilment of Article 3(3) in particular.

As noted above, the decision is applicable to all relevant parents (not just the mother) and  thus  contributes  to Jersey  fulfilling  the requirement  under  Article 18(1)  that  'States  Parties shall use their best efforts to ensure  recognition  of  the principle  that  both  parents have  common responsibilities  for  the upbringing and development of  the  child'.  In  addition, again  as  stated  above,  it contributes  to  the  Article 18(2)  requirement  that 'States  Parties  shall  render appropriate  assistance  to parents and legal guardians in the performance of their child-rearing responsibilities'.

As explained in Stages 2 and 3, there is credible evidence that the extension of existing paid parental leave (as is the case here) has less effect than the introduction of the right to it. However, there is credible evidence that extending paid parental leave to 20 weeks yields benefits to the child. The decision will enhance Jersey's support to new parents working in the

£2.5 million per year in 2023, 2024, and 2025.

public sector and thus its provisions in relation to the rights concerned.

 Negative

No negative impacts were identified

5.2: What are the likely different impacts on different groups of children

and young people?

Group of children affected

Initial analysis of the positive impact on rights

Initial analysis of the negative impact on rights

Children under the age of 2 who are part of a family to which the decision applies.

Evidence suggests that extending paid parental leave for public sector employees will have a positive impact for the infants concerned.

Not applicable.

Children from economically underprivileged families to which the decision applies.

As noted above, 'research suggests that underprivileged families may benefit most from parental leave policies.' This suggests that economically deprived families will benefit most from the decision at hand.

Not applicable.

All children

As noted above, by allowing for the recruitment and training of suitable temporary replacements for frontline staff who provide services relating to the care and/or protection of children, the decision also contributes to the fulfilment of Article 3(3) in particular.

Not applicable.

5.3: 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?

Describe the negative impact

What options are there to modify the measure(s) or mitigate the impact?

As mentioned above in Section 5.1, no negative impact on the rights of children or young people were identified.

Stage 6: Conclusions

6.1: In summary what are your key findings on the impact of the decision on

children and young people's rights?

The decision will have a positive impact on the rights of children identified in the above analysis. Infants from socio-economically deprived families should particularly benefit from the extension of paid parental leave. There should be no negative impact on rights. By allowing for the recruitment and training of suitable temporary replacements for frontline staff who provide services relating to the care and/or protection of children, the decision will benefit all children, since they all to some extent rely on such public services.

Name/Title of Duty Bearer:  

Chief Minister

STAGE 1: SCREENING

The first stage of the CRIA requires summary level information to assess whether a

full CRIA (Stages 2-6) is required.

1.1: Name the proposed decision and briefly describe its aim

The decision, as described in the Council of Ministers amendment (Proposed Government Plan 2023-26 (P.97/2022): twenty-first amendment) to the

Government plan 2023-26 seeks to secure sites relating to the use of the Gas Place for a new primary school. The school would be set in an extension to the Millennium Town Park and Islanders should enjoy the maximum possible community access to and use of its facilities. In addition, the current Springfield School and Le Bas Centre sites will be transformed into new community open spaces, helping to create green access corridors for moving to and around the new school, and improvements to public realm and local active travel access routes, including to St. Saviour schools.

1.2: Which children's rights will be impacted?

A description of relevant children's rights can be found in the UNCRC. This comprises 54 Articles, 2 adopted Optional Protocols (covering the involvement of children in armed conflict and the sale of children, child prostitution and child pornography) and a series of General comments.

Cluster 1 - General Measures of Implementation Cluster 3 - General Principles

Cluster 4 – Civil Rights and Freedom

Cluster 6 - Basic Health and Welfare

Cluster 7 - Education, leisure and cultural activities

Cluster 8 - Special protection measures

with their peers, children create and transmit their own language, games, secret worlds, fantasies and other cultural knowledge.'

General comment No. 19 (2016) on public budgeting for the realization of children's

rights (art. 4). This makes it clear that, in order to fulfil Article 4, States Parties are, among  things,  required  to  budget  and  spend  to  realise  children's  rights.  This requires  that  Sufficient  public  resources  are  mobilized,  allocated  and  utilized effectively  to  fully  implement  approved  legislation,  policies,  programmes  and budgets.'

1.3: Which groups of children and young people are likely to be affected

most?

For examples of different groups of children whose rights could be impacted by the decision, please refer to the guidance notes.

All children

1.4: What is the likely impact of the proposed decision on children in

Jersey?

The impact will largely be positive in terms of the rights concerned. The decision aims to ensure that the educational needs of children in St Helier are met and their social rights upheld, while also providing green spaces and facilities accessible to all people in Jersey, including children and families.

1.5: Is a full child rights impact assessment required? Explain your rationale

Yes, a full child rights impact assessment is required. The decision potentially affects all children in Jersey, whether or not they are of compulsory school age, and the resource commitment will be significant.

Stage 2: Scoping

2.1: Thinking about the children's rights identified in Section 1.2, explain the

expected effect of the proposed decision on those rights?

Cluster/Article

Further analysis on the expected effect

General Measures of Implementation

By providing support in the educational context, through the construction of a new school and provision of recreational facilities, the decision contributes to ensuring that children are better educated in many respects, including in relation to their Convention rights.

General Principles

As explained below in the context of other clusters of rights, various aspects of the decision contribute to compliance with Article 2 by helping to ensure that Convention rights are enjoyed by each school child in Jersey without discrimination of any kind. By helping to promote the interests of children in an educational context in multiple ways, the decision promotes the best interests of the child, helps to provide for their care, and helps ensure that schools and other educational institutions responsible for the care or protection of children within their jurisdiction shall conform with the standards established by competent authorities as required by Article 3 of the UNCRC. It is part of a set of measures necessary for the implementation of the rights recognised in the UNCRC, as required by Article 4. Further, as explained below in the context of other clusters of rights, it is designed to ensure that children develop to their full potential, as required by Article 6.

The decision will support the following:

All children in Jersey have the best start in life;