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INTRODUCTION
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and providing advice and guidance to government and other organisations on
down from the Acting Commissioner
role following the appointment of a
permanent Commissioner. She has
In 2014, the United Nations Convention
on the Rights of the Child was extended The United Nations Convention on the
Rights of the Child is the basis of much
of the work of the Office of the Children s law over a number of years. The Office of Commissioner. This provides children
the Children s Commissioner for Jersey is an with 42 rights that must be available to all
children, whatever their ethnicity, gender, religion, language, abilities or any other status. However, many other international Conventions that have been signed up to
on the recommendation of the Independent
Children s Commissioner for Children and Rights, the United Nations Convention on Young People (Jersey) Law 2019. the Elimination of all forms of Discrimination
against Women (CEDAW) and the European This Law identifies the primary function Convention on Human Rights (ECHR). With of the Commissioner as promoting and the Commissioner for Children and Young protecting the rights of children and certain People (Jersey) Law, these conventions categories of young people. All other legal provide a strong basis for the staff of the functions and duties support this. These Office of the Children s Commissioner and include monitoring and reporting on the Jersey to work towards all of the Island s achievement of children and young people s children enjoying their rights.
CONTENTS
Our Ecosystem 4 Who We Are And What We Do 6 Our Work in 2023 10 Information and Advice 24 Duties and Functions 25 Governance 26 Financing and Accounts 30 Recommendations to Government 32 2024 Work Programme 33
OUR ECOSYSTEM
PUBLIC OF JERSEY
CHILDREN’S STATES OF SOCIAL CARE
JERSEY POLICE
UNICEF SCHOOLS ENOC / BINOCC CASE
WORK
TRAINING
/ RIGHTS ADVISORY
YOUTH RESPECTING PANELS
SEPRAVRICLEIA/MYOENUTTH SCHOOLS / THIRD SECTCIVIL SOCIETYOR
Children’s
Commissioner
for Jersey LAW OFFICERS’ European DEPARTMENT
Network
of Young
Advisors
POLICY
PARTICIPATION
& LEGAL JUSTICEYOUTH SYSTEM
YOUNG PEOPLE COMMS
OF JERSEY
THE
CIVIL SERVICE
PRINT/
BROADCAST
MEDIA STATES MEMBERS/ GOV
PUBLIC SOCIAL OF JERSEY OF JERSEY MEDIA
We are a team of nine full-time staff members (including the Children s Commissioner, Dr Carmel Corrigan) and we work hard to protect and promote children s rights in Jersey.
At the head of our office is the Children s Commissioner, who is appointed by
the States Assembly and whose responsibilities and powers are set out in the Commissioner for Children and Young People (Jersey) Law that came into force in 2019.
The Commissioner s job is to promote and protect the rights of children and young people in Jersey. To do this, she tells people about children and young people s
rights and why they are so important. She has a team of people who work with her
to make this happen, and together, they look at how the decisions made by certain organisations in Jersey, including the Government of Jersey, affect children and young people s rights. They also provide advice to those organisations on how they can better respect the rights of children and young people in their work.
The Children s Commissioner works for every child and young person in Jersey who is:
Under the age of 18;
Under the age of 25, if they have a disability, have been care experienced
or have been involved with the youth justice system;
Placed off-Island for their care, treatment or detention.
The Children s Commissioner s team is divided into specific areas but everyone takes a pragmatic, can-do attitude to our work programme if we can help out a colleague, then we will, and whenever there is an opportunity to involve children and young people in our work, we jump at that too.
Our participation (meaning projects that directly involve children and young people) and awareness-raising work is carried out by a specialist team these are the people
you re most likely to come across in schools, at youth events (both in Jersey and abroad), at training sessions and at our own Youth Advisory Group meetings. They have a wealth of experience between them and are always interested to hear what young people have to say.
Our policy team take on the more technical work, looking at government policy, legal matters and liaising with our international partners. They are responsible for advising
the Commissioner on a wide range of issues, as well as ensuring that the interests of children are reflected in policy and law in Jersey and, in a broader sense, in the decisions, recommendations and conclusions of various international bodies and committees.
Our casework team act as the first and main point of contact for parents, carers, professionals and young people who contact us with questions, queries and problems relating to children s rights. This is a busy role and can, at times, be challenging but it can also be hugely rewarding.
Our communications officer oversees or produces the written content that comes out
of our office (this could be a long report, like this one, or perhaps just a leaflet or bite- sized bit of text). He is also responsible for our social media accounts, as well as liaising with journalists, bloggers and activists in Jersey and elsewhere.
And to tie it all together, the executive assistant is the person whose job it is to keep everything running smoothly and, even when deadlines and schedules are at their most unforgiving, to ensure that we stay on track and nothing gets missed.
WHAT WE ARE
Here to help people understand the UN Convention on the
Rights of the Child and how it relates to Jersey
An independent Pragmatists, who
human rights will do whatever organisation we can to help
WE ARE
Here to be a critical friend to
An arm s length Government organisation and other organisations
Providers of specialist advice and training
WHAT WE ARE NOT
Part of the Children s
Service
Part of any Afraid to speak out Government on behalf of children Department
WE ARE
NOT
A charity The regulator of children s
social care
An acute or emergency
service
OUR WORK IN 2023
As with any organisation, our office s resources are often occupied by reactive Key topics of discussion during the 93rd session included the impacts of climate
pieces of work (meaning, the things that we haven t necessarily planned for). change, digital technology and war and conflict on children s rights. The UN Committee While important and often leading to bigger projects, many of these are small, emphasised child poverty and the Illegal Migration Bill as the most concerning issues. ad hoc pieces of work relating to specific individuals or cases (and, on occasion, In the Concluding Observations, the Committee identified the following six priority
to legal action), making them inherently private. In the following pages, we have areas: non-discrimination; abuse, neglect and sexual exploitation; children deprived outlined some of the major planned projects that we completed during the year. of a family environment; mental health; asylum, refugee and migrant children; and
children in the criminal justice system.
The session also reviewed country-specific reports, including the one to which Jersey The United Nations Committee on the Rights of the Child was a party. For the first time ever, in their tailored recommendations to each country,
In February and May 2023, our office led two separate delegations (the first including the Committee made three specific mentions of Jersey. These related to issues around young people from our Youth Advisory Group) to take part in the 93rd session of the youth justice, children in alternative care and monitoring the impact of the ban on United Nations Committee on the Rights of the Child in Geneva. corporal punishment, which were among the key concerns raised by our office.
The Committee is a body of 18 independent experts which meets three times a year For us, this was one of the most impactful pieces of work that we undertook last year. in Geneva to conduct its reviews and related activities. These include monitoring It allowed us to explore the progress being made in protecting and promoting the rights the implementation of the United Nations Convention on the Rights of the Child by of children in Jersey as part of an international conversation with child rights experts. governments that have signed up to it. The Committee is supported by the Office of
the High Commissioner for Human Rights (OHCHR) and is tasked with monitoring
State parties implementation of children s rights worldwide.
So why were our office and members of our Youth Advisory Group representing Jersey children and young people at the 93rd session of the Committee on the Rights of the Child last year?
Firstly, because the Committee was considering the United Kingdom s country report, which included specific submissions made by the Office of the Children s Commissioner Jersey and our own Youth Advisory Group.
Secondly, because it is important that our office, as a National Human Rights Institute, is party to the discussions and proceedings that follow the kinds of written submissions mentioned above. It is especially important that the children and young people who helped us with our submissions are able to see that the process does not just end there, when the document is sent off. Instead, they were able to take part in the formal meetings in which the Committee considered the country submissions, and to have a platform to follow up on what had been said.
“ It is especially important people who helped us with that our submissions are able the children and young
10 to see that the process does not just end there...” 11
Rights Respecting Schools
For the fifth consecutive year, in 2023 we funded and facilitated UNICEF s Rights Respecting Schools programme in Jersey. This has been one of the most visible and successful projects that we have undertaken over the years, bringing the participation rate in this important educational programme from just a few local schools in 2018
to every school in Jersey in 2023. This is an achievement of which we are very proud, and one that puts Jersey among just a handful of other jurisdictions in the world with full participation in the programme.
So, what is the Rights Respecting Schools Award? In short, it s a UNICEF initiative that aims to put children s rights at the heart of schools. It embeds children s rights in daily school life and empowers children to grow into responsible, active global citizens.
The programme involves working with schools to create safe and inspiring places to learn, where children are respected, their talents are nurtured, and they are able to thrive. The Award recognises the achievement of a school in putting the United Nations Convention on the Rights of the Child into practice within the school and beyond.
There are three stages to the Award:
Bronze: Rights Committed This is the first stage of the Rights Respecting Schools
Award. It is a planning stage. When a school is ready, they supply documented evidence of their commitment and how they intend to become rights respecting. On average, it takes a school between 3 and 6 months to achieve Bronze. There is no assessment visit for this stage.
Silver: Rights Aware This is the second stage. It is granted by UNICEF UK to
schools that show good progress towards embedding children s rights in the
school s policy, practice and ethos. Schools will be assessed by a UNICEF UK RRSA assessor or a qualified member of our team, who will look at the whole school s rights-respecting work.
Gold: Rights Respecting This is the highest stage of the Rights Respecting Schools
Award. It is granted by UNICEF UK to schools that have fully embedded children s rights throughout the school in policy, practice and ethos. Schools will be assessed by a UNICEF UK RRSA assessor(s) who will look at the whole school s rights respecting work.
Given the positive impact the programme has been shown to have on schools elsewhere, in July of 2018 the Jersey Children s Commissioner offered all schools in Jersey support to progress through the programme.
Since this support was made available, all schools, both primary and secondary have been progressing their Rights Respecting journey, working towards either Bronze, Silver or Gold awards.
At the end of 2023, 3 schools were registered for the first time, 16 schools were at bronze, 22 at silver and 4 had attained gold.
Our re ar very awar ir ri ts, y
h v n m , y ar e uc ting m , n w ar m awar re s ri ts. (Teaching staff)
W ar o arning om re ; mp wers m shar ir n w d w us. (Teaching staff)
m kes h y h ar doing om hing
s n c un y. (Student)
Being Ri ts s ting mb ad m kes
d ere , o h y do y ar o . (Student)
ties i n ly l r hin w
do cro s , c l s, way w t re , res ting r. (Teaching staff)
s i n m conver tio , t i s ,
y ar qu ting ri ts y h v e arning, my re ar qu mp were y . (Parent)
“ This is an achievputs Jersey among just a handful ement of which wof e are vother jurisdictions in ery proud, and one the that
12 world with full participation in the programme.” 13
Pause for Play
The Pause for Play programme was established in November 2021 by agreement between our office and the Governor of HMP La Moye, with funding input from Andium Homes. The first session took place in January 2022, and it has been going strong ever since. It is a structured family play programme based at HMP La Moye which was offered throughout the year to prisoners and their families.
Many prisoners at HMP La Moye have family members under the age of 18. The Pause for Play programme provides opportunities for children to engage in meaningful, nurturing play with parents or other family members. This supports children s right to maintain a positive relationship with detained family members.
Some highlights of the 2023 programme were the fantastic Christmas party, as
well as a year-round roster of inventive craft and creative activities, leading one child to comment that, in the calendar of regular visits to their relative at HMP La Moye, the Pause for Play sessions were known in their household as the party visits .
We continued to monitor and evaluate the visits in 2023. The ultimate aim for the programme is to transfer its management to relevant members of the HMP La Moye staff and prisoner population.
W en y s r l xe n fu
en ronme . er s l fu ti ties re i uding m y h s.
en y s nding tim w my da n t ing
him i r .
Being m ly w my l r r ly
lps us on m , o tim oser my re . A ti ties w do r s m t k ir min h y ar ing ir da y i pr o .
L e h ng in h s, c ld li
w c l k m n t k m w us r i away.
re n w v h y, n ling
l e y y o l b c s o d y b .
“ The Pmeaningful, nurturing plachildren ause for Plas right to maintain a positivy programme proy with parents vides e relationship opportunities for children or other family members. with detained family members.to engage in This supports
14 ” 15
Strategic litigation toolkit
The term strategic litigation refers to legal cases that seek to bring about positive legal and/or social change so that children and young people can enjoy all of their rights. One way in which this can happen is when a court s decision establishes an important point of law or where it leads to a change in a policy or practice affecting children and young people s lives.
Throughout 2023, we worked to develop a strategic litigation toolkit that we could use in our decision-making processes around certain types of issues and cases.
This was adapted from the Children s Rights Strategic Litigation Toolkit (2022)
which was created by the Office of the Children and Young People s Commissioner in Scotland (CYPCS). They kindly gave us permission to use it to develop our own toolkit. We are also particularly grateful to Professor Aoife Nolan, who leads the Advancing Child Rights Strategic Litigation (ACRiSL) project, which is based at the Human Rights Law Centre (HRLC) at the University of Nottingham, for agreeing to provide our office with a copyright licence for this piece of work.
Review of Secure Accommodation Orders
In Jersey, a Secure Accommodation Order is a legal measure that restricts the liberty of a child or young person under a limited number of circumstances, such as because they are at risk of harming themselves or others. This Order is made by the Royal Court following an application by the Minister for Children and Education.
In 2023, our office conducted an in-depth review of how, when and why Secure Accommodation Orders were being used in the Island. We presented the findings of that review to a closed audience of senior professionals and practitioners working
in and around children s social care and youth justice in Jersey. The session was also joined by some high-profile experts in the global field of children s human rights, including Benoit Van Keirsbilck (member of the Committee on the Rights of the Child), Wendy Sinclair-Gieben (HM Chief Inspector of Prisons for Scotland and Chair of the UK National Preventative Mechanism)[1] and Grace Agcaoili (Justice for Children lead, UNICEF New York).
Many follow-up meetings occurred as a result of this session, as well as a subsequent visit to the Island by Sam Gluckstein (Head of the UK National Preventative Mechanism)and Wendy Sinclair-Gieben, who met with relevant Government of Jersey Ministers, HMP La Moye staff and members of the Jersey Care Commission to discuss the benefits of ratifying the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) and provide insight into how a National Preventative Mechanism works.
Child Rights Approach training
This ongoing training programme was initiated in June 2022 and has continued at
pace ever since. The training delivers the core principles of our child rights framework to parents, carers and groups of professionals who work with children and their families in various settings across the Island. These include healthcare professionals, teachers and educators, youth workers, employees of Child and Adolescent Mental Health Services, representatives of Children s Social Care and the third sector.
In 2023, the training was delivered to a further 145 professionals working across several sectors in the Island, bringing the overall total of attendees to 325.
In summary, the training package that we have developed provides a comprehensive framework for implementing children s rights in Jersey, grounded in the UN Convention on the Rights of the Child. Its underpinning framework is built on five core principles:
- Embedding Children s Rights: Ensuring that children s rights are a fundamental part of the organisational culture and are reflected in all policies, practices and services.
- Equality and Non-Discrimination: Guaranteeing all children have equal opportunities and are not discriminated against on any grounds.
- Participation of Children: Providing children with meaningful opportunities to influence decisions that affect their lives.
- Empowering Children: Enabling children to understand and exercise their rights and promoting their active involvement in their communities.
r c tiv n po iv i e c ra ng r u
di og mon part c p ts m ing tr ining m en n m lo .
n h c rs very i re ing n lu .
ver o who w w re sh l do h c rs . Very i m tiv . w ke away
om c rs ling m confi e i n wing re s ri ts.
ly l e h c rs n r ly l m i
hi ing h w re tr pro m mbar ing o , n h w c vera m k n s u ing re s Ri ts A r .
- Accountability to Children: Holding authorities and individuals accountable for upholding children s rights and ensuring transparency in decision-making processes.
The training emphasises that these principles are interconnected and should be implemented holistically. It also stresses the importance of using the best interests of
the child as a guiding principle in all decision-making processes, ensuring that children s wellbeing is prioritised in every action that affects them.
“ The to parents, carers and groups training delivers the core principles of professionals of our child rights framework who work with children
18 and their families in various settings across the Island.” 19
International networks The ENOC conference
Our office continues to be a member of the three main bodies that bring together In May, we attended the ENOC Spring Conference in Sweden on the role of Independent the work of Children s Commissioners and Ombudspersons in more than 30 different Human Rights Institutions.
countries. These are: In September, we attended the ENOC annual conference in Brussels, where discussions British and Irish Network of Ombudsman and Children s Commissioners (BINOCC) centred on The Strength of Independent Children s Rights Institutions: Upholding
(Click here) Children s Rights in Europe .
European Network of Ombudspersons for Children (ENOC) (Click here) The September event brought together experts, ENOC members and young advisors European Network of Youth Advisors (ENYA), see p22. from ENYA (including one of our own young advisors; see p22) to discuss the critical
role of Independent Children s Rights Institutions in safeguarding and promoting During 2023, we attended various events and formal meetings organised by these children s rights across Europe.
principal child rights bodies. Chief among those were the annual conferences hosted
by ENYA and ENOC. Key topics at the conference included:
Accessibility: Emphasising the need to create safer and more direct communication
channels with children.
Visibility: Highlighting the importance of incorporating human rights education
in school curricula.
Engagement: Understanding the diverse realities of children to propose
effective solutions.
Independence: Ensuring that Independent Children s Rights Institutions remain
impartial, apolitical and independent, to effectively advocate for children s rights.
Participants expressed concerns about the increasing attacks on children s rights in Europe, highlighting how anti-child movements have been undermining the work of child rights defenders. Recommendations were made to bolster the capabilities of Independent Children s Rights Institutions to protect children s rights more robustly.
The conference also included discussions on how the COVID-19 pandemic has impacted children s rights, particularly in education, health and protection from violence. It
was noted that the pandemic exacerbated economic hardships and increased poverty among families, prompting a call for more comprehensive support measures.
“ Pchildren haarticipants expressed concerns about ve been s rights in Europe, highlighting how anti-child moundermining the work of child rights the increasing attacks defenders.vements ”on
20 21
The ENYA conference Our day-to-day
The European Network of Young Advisors (ENYA) is a project that grew out of the Aside from the many meetings and collaborations that we get involved in for particular work of the European Network of Ombudspersons for Children (ENOC) (see pXX) projects, we also have a big roster of meetings (both scheduled and unscheduled)
in 2010 and has been going strong ever since. It is, as its name suggests, a network with all kinds of people who are connected with our wider work. On any given day, this of young people from countries across Europe whose aim is to involve children and could be politicians or civil servants, representatives of charities or NGOs or one of the young people in ENOC s annual work and give them the opportunity to have their many groups of students and teachers we interact with through the Rights Respecting voices heard at a European level. We are thrilled to be able to help delegations of Schools programme. And even though we technically only have to meet up with our young people from Jersey to take part in ENYA s work and attend its various meetings Youth Advisory Group four times a year, we usually end up doing it about once a month held in locations across Europe. because the Youth Advisory Group members bring so much to our work, helping to
In July, we were able to take two young Jersey students to the ENYA conference in shape projects and ideas, representing the voices of the Island s children and young Malta. The focus of the conference was on the importance of Independent Children s people and, of course, because they re just that much fun.
Rights Institutions in ensuring the implementation of the United Nations Convention
on the Rights of the Child and other human rights instruments.
Discussions highlighted the need for Independent Children s Rights Institutions to be efficient, accessible and visible, and to engage with children to effectively protect and promote children s rights. Particular emphasis was placed on listening to children and incorporating their recommendations into policy and practice.
Joining the Jersey team were 35 young advisors, aged 12-18, from 17 countries and regions, including Spain (Andalusia, Basque Country, Catalonia), Armenia, Belgium (Flanders), Croatia, Luxembourg, Malta, Northern Ireland (UK), Poland, Slovakia, Scotland (UK), Cyprus, Estonia, Greece, Iceland and Italy.
Activities included team building, national and regional presentations, workshops on active citizenship and the role of Independent Children s Rights Institutions, and a music workshop to promote children s rights.
The conference ended with recommendations from the young advisors on visibility, powers, accessibility and engagement with children. Chief among those recommendations were calls for improving ICRIs accessibility through digital and physical safe spaces, ensuring confidential contact for children, increasing the visibility of children s rights through education and media, and engaging children in the creation of promotional materials.
“ ...work, helping the Youth Advisory to shape projects and ideas, representing Group members bring so much to the our
22 voices of the Island s children and young people...” 23
INFORMATION AND ADVICE DUTIES AND FUNCTIONS
Information and Advice is the formal name that we give to our casework function, The Commissioner for Children and general. This project also connected
as many of the queries that we receive from members of the public (of all ages) Young People (Jersey) Law 2019 with other strands of our office s work simply require some further information on children s rights or perhaps some requires the Children s Commissioner to concerning the transfer of children to the additional support in accessing an external service or resource, usually within report on the functions that she and her UK under both social care and mental government or the third sector. team have discharged within a given health legislation, and the adequacy of Sometimes, though, we take on individual cases, and these are usually instances when year. Clearly (and in much the same any care and transition plans for Jersey there are still fundamental child rights at stake, despite all the available avenues having way that children s rights themselves children who are placed off-Island. The already been explored. On occasion, these cases may represent breaches of a child s are interdependent), our functions are subsequent publication of this work rights that are so fundamental that we have to use our statutory powers to formally rarely discharged in isolation. In other to a closed professional audience ( to request further information from a particular agency or service or, on rare occasions, words, when we are (to quote from safeguard children s anonymity) also instigate legal proceedings. the Law itself) keeping under review fulfilled various of our official functions,
the adequacy and effectiveness of law, such as bringing any matter relating to Throughout 2023, Children s Social Care and Education continued to be the categories policy and practice relating to the rights the rights of children and young people
in which we experienced the highest number of enquiries. However, in total, the of children and young people , then we to the attention of the States or any number of enquiries received from members of the public in 2023 fell in comparison will also be keeping under review the relevant authority and looking into,
to previous years, although the complexities of some of our cases increased. adequacy and effectiveness of services or formally investigate any matter
provided for children and young people relating to the rights of children and Overview of the 56 cases dealt with in 2023 luiknedleihrsotoadn,d pinrgo mofotthine gri agwhtasroenf echssil adnredn yMeanwhile,ofoung people Child Rightsin. ourAwarenessongoing training, programmewe
by relevant authorities and, in all
Total number of cases and enquiries opened in 2023: 53
Total number of cases and enquiries closed in 2023: 53 and young people at the same time. fulfilled various functions in the areas
Ongoing complex cases (still open from before 2023): 3 For example, in 2023, we engaged of education, awareness-raising and
with the Government of Jersey and the provision of advice on children s other agencies concerning the rights human rights. Similarly, our participation of children who have been subject to in ENOC, ENYA and UN Committee Secure Accommodation Orders in the events throughout the year allowed us Island. This involved an in-depth review to fulfil our functions of promoting
|
Cases by categories: |
Percentage of cases |
|
Children s Social Care |
32% |
|
Education |
27% |
|
Safeguarding |
11% |
|
Professional consultation |
7% |
|
Housing and work |
5% |
|
Mental health |
5% |
|
Private law |
5% |
|
Other |
8% |
of individual cases (necessitating formal harmonisation of legislation and policy requests for information) and was, in with the United Nations Convention on turn, framed by a broader piece of more the Rights of the Child and monitoring technical work that looked at the legal the implementation in Jersey of the framework and possible limitations United Nations Convention on the
of Secure Accommodation Orders in Rights of the Child .
In more general terms, we were able to minimise repeat contacts with the team by continuing to develop rights-focused responses.
Our aim is to engage with key stakeholders through outreach work to promote their understanding and knowledge of our casework function more generally, including their statutory obligations under the law.
Because we operate independently of the Government of Jersey, we need to have our own mechanisms in place to make sure that we have an accountability partner for what we are doing and how we are spending our money.
This is where our panels come in. We have three advisory panels that were set up under the Commissioner for Children and Young People (Jersey) Law 2019. This means that these panels are not just nice to have or good practice: they are a legal requirement. Our three advisory panels are as follows:
Youth Advisory Panel
This is a group of local children and young people from diverse backgrounds (aged 10-18) who give advice and support about the Jersey Children s Commissioner s current work, suggest ideas for future work, and make sure that she and her team are always doing what they said they were going to do.
Adult Advisory Panel
This is a group of leading figures and experts who are based in both Jersey and the UK. Their job is to advise the Children s Commissioner on a wide range of issues to do with her work, and to give her the support that she needs to get that work done effectively.
Audit and Risk Advisory Panel
This is a group of professionals who work in Jersey and give up their spare time to provide us with specialist advice and support on everything to do with audit and risk. This might mean giving us advice on data security, for example, or reviewing our financial information or helping us to manage risks.
Performance and accountability
You can see the full 2023 Operational and Financial Capability Assessment on our website: click here
Our office is independent in all matters, from how we allocate our budget and work programme for the year through to the details of how each case is handled, what action we choose to take and where the Children s Commissioner exercises her legal powers. However, for the purposes of things like human resources or accessing our office s statutory funding, we have chosen Strategic Policy, Planning and Performance in the Cabinet Office as our link to the Government of Jersey. As a result, our staff are employed by the States Employment Board and are on civil service pay and conditions.
For this reason, and because it is taxpayers money that funds our work, it is essential that the Commissioner assures that all of our office s work is conducted to a high standard of principled accountability.
The first major consideration is our compliance with international standards for National Human Rights Institutions (i.e. Paris Principles, United Nations Committee on the Rights of the Child General Comment No.2, and the European Network of Ombudspersons for Children Standards). Alongside this, there is a requirement to ensure effective governance and accountability to Government for responsible use of public funds.
National Human Rights Institutions established in accordance with international standards occupy what is recognised as a unique and awkward position within the state, as they are independent from government but also accountable to them for their governance. These accountability relationships are always challenging the government has a legitimate concern in ensuring that NHRIs are accountable for spending public money, and yet those accountability measures should not interfere with the operational independence of the body, i.e. legitimate financial autonomy. We work hard to make sure this balance is maintained.
The Jersey Children s Commissioner is subject to several accountability and governance measures, under the Law and operationally.
The presentation by National Human Rights Institutions of annual reports to its Parliament is regarded as the first layer of accountability of these bodies. This should enable Parliaments to engage in a discussion about the rights issues raised in these reports and review the work of the body in question. This layer of accountability is reflected in the Commissioner for Children and Young People (Jersey) Law 2019, in that the Children s Commissioner must present to the States Assembly (Jersey s parliament) an annual report on the discharge of the Commissioner s functions during the financial year (see Article 23).
Under the Commissioner for Children and Young People (Jersey) Law 2019.
and Young People (Jersey) Law 2019, In addition, the Chairman of the Public
the Children s Commissioner must Accounts Committee (PAC) will also be prepare and publish a 4-year strategic consulted: this is intended to reflect the
plan proposing how the Children s specific accountability and governance Commissioner intends to perform their remit of the Audit and Risk Advisory statutory functions during that period. Panel and the need for input from Public Accountability to the general public, and Accounts Committee as to the sufficiency
in particular children and young people, of the Children s Commissioner s proposed is considered to be a further layer procedures. It should be noted that the
of accountability. appointment of such a panel is not required
under international standards nor is it a Under the terms of the Commissioner feature of other UK children s commissioner
for Children and Young People (Jersey) legislation. It is, however, acknowledged Law 2019, the Children s Commissioner to be an important measure of reassurance is required to appoint an Adult Advisory as to the accountability of the Jersey
Panel (Article 26) and a Youth Advisory Children s Commissioner.
Padvicethe anel (Article 27), discharge to the Children of their functions and assist whose role is s Commissionerto provide on Theto keep proper accounts and records Children s Commissioner is required in the preparation of the strategic plan in respect of each financial year. The
and annual reports; the terms of reference Children s Commissioner may appoint
and procedures of these panels must be auditors to conduct audit procedures published following consultation with over their accounts.
the Chief Minister and the president of As a publicly funded independent body, the Chairman s Committee. the Children s Commissioner will be
required to comply with principles of
iIsnaalsdodrietiqouni,r tehde t Co haipldproeinn st Cano mAumdiists aionnde r financial directions as to the responsible Risk Advisory Panel (ARAP) (see Article 27) use of public funds made under the
whose function is to provide advice and Public Finances (Jersey) Law 2005. assistance in relation to the arrangements The Children s Commissioner aligns its
which ensure that the Office of the Children s governance conduct to the States of Commissioner is properly managed and Jersey Code of Conduct, which implements governed. The panel is appointed in a core standards for the conduct of
similar manner to the advisory and youth individuals in public life, otherwise
panels under the Commissioner for Children known as the Nolan Principles[2].
Risk is managed through our risk register, identifying risks and setting out mitigating actions. Our management of risk is subject to internal Government of Jersey audit.
Financial management is based on the published framework agreement (click here) within a clear set of financial procedures. Regular budget monitoring and reporting takes place with our Treasury finance business partner. Comparison of spend against budget is assessed quarterly.
Policies are in place for whistleblowing, antifraud, code of conduct and child-friendly complaints.
The Office of the Children s Commissioner is in receipt of public funds, and therefore is committed to implementing rigorous and transparent accountability and decision- making systems. The governance framework comprises the systems, processes and values by which the organisation is directed and controlled. These arrangements are firmly rooted in The Good Governance for Public Services and the International Framework: Good Governance in the Public Sector . It also draws on elements from the UK Corporate Governance Code . It builds on the Nolan Principles for the conduct of individuals in public life by setting out six core principles of good governance for public service organisations.
Risk management
Managing risk for a Children’s Commissioner involves an especially careful approach because of the complexity and sensitivity of certain issues that can be experienced by children and their families. Also, in a community the size of Jersey, where people are perhaps more likely to know one another or be more easily identifiable, a thoughtful approach to data protection and (where necessary) anonymity is also very important.
As always, we planned for and managed any risks in 2023 with the invaluable support of our Adult Advisory Panel (see p26) and of our Audit and Risk Advisory Panel (see p26).
FINANCING AND ACCOUNTS
As explained in the Governance section of this report, while our office is entirely independent in its allocation of budget, we choose to have a host department within the States of Jersey to provide services such as paying wages, human resources support, and so on.
Details of our 2023 expenditure is as follows:
Accounts 2023
Audit
The financial records of the OCCJ is within the scope of audit conducted by the Government of Jersey s external auditors. The Jersey Children’s Commissioner has consulted with her Audit and Risk Advisory Panel and reached the conclusion that the value of a further external audit would be limited because:
the financial management services hosted by the Treasury for the OCCJ are already
within the scope of the States of Jersey internal and external audit processes;
the majority of the budget for the OCCJ is largely devoted to just a few major easily
checked outgoings (such as salaries, accommodation and legal costs).
Salary £456,849 Professional and legal services £162,091 Pension £65,687 Premises and maintenance £54,520 Social security £26,038 IT technical support £28,802 Advertising and publicity £23,895 Training, conferences and travel £22,602 Non-States staff costs £22,156 Supplies and services £11,727 Administrative expenses £7,030
TOTAL £881,397
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RECOMMENDATIONS TO GOVERNMENT WORK PROGRAMME
The following are the Jersey Children s Commissioner s formal recommendations Aside from our ongoing work in training, participation, information and advice, to the Government of Jersey, based on the 2023 work programme. These the Rights Respecting Schools programme, and our legal and communications recommendations are made in accordance with Article 23(2)(c) of the workstreams, the following projects are all scheduled to either begin or be Commissioner for Children and Young People (Jersey) Law 2019. completed during 2024:
The Government of Jersey should: Consult on, produce and formally lodge au Greffe our Strategic Plan 2024-2027;
- Extend the ratification of the Optional Protocol to the Convention Against Torture Commemorate the ten-year anniversary of the extension of the United Nations
and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT): Convention on the Rights of the Child ratification in Jersey on World Children s OPCAT provides for additional protections for all people from torture, cruelty and Day 2024;
inhuman or degrading treatment by providing for visits to places of detention by
members of the UN Committee, establishing a sub-Committee on Prevention of Engage in the international reporting processes under the International Covenant such treatment and establishing National Preventative Mechanisms. The Office of on Civil and Political Rights and the International Covenant on Economic, Social the Commissioner for Children and Young People formally recommends that the and Cultural Rights;
Government of Jersey seeks extension of the ratification of OPCAT to the Island. Review the internal policies and procedures of the Office of the Children s Commissioner;
- Keep the legislation, policy and services relating to the use and conditions of Ongoing work with the departments on reciprocal care arrangements for children Secure Accommodation Orders under review. placed off-Island; mental health law reform; and youth justice;
Conclude the evaluation of the Pause for Play prison visits programme, with a view
to transferring its management to HMP La Moye;
Continue the Child Rights Approach training programme and explore the possibility
of incorporating it into the Jersey Children and Young People Education and Skills training calendar;
Publish the strategic litigation toolkit;
Review the accessibility of our casework function for children, and develop the
information we provide online for children in relation to their human rights, complaints and investigations;
Initiate improvements to our website and overall branding of the Office
of the Children s Commissioner.
3232 3333
For advice, resources and information on all Children s Commissioner for Jersey aspects of our work and on child rights more generally, Brunel House, 3 Old Street visit our website or follow us on social media. St Helier JE2 3RG
Tel: 01534 867310 Email: advice@occj.org.je
34 www.childcomjersey.org.je
[1] NPMs are mechanisms established to regularly visit places of deprivation of liberty (places where
persons are not permitted to leave at their own will) in their country, such as police stations, prisons and other detention facilities. NPMs can make recommendations to Government to prevent ill-treatment and improve living conditions in these settings.
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