Independent Jersey Care Inquiry Report: implementation of recommendations

STATES OF JERSEY

INDEPENDENT JERSEY CARE INQUIRY REPORT: IMPLEMENTATION OF RECOMMENDATIONS

Lodged au Greffe on 31st October 2017 by the Council of Ministers

STATES GREFFE

2017  P.108

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to endorse the  Council of Ministers' response to the  Final Report of the Independent Jersey Care Inquiry (R.59/2017) and to request the Chief Minister to ensure that the actions in relation to each of the 8 main recommendations are implemented as proposed in the response.

COUNCIL OF MINISTERS

CONTENTS

REPORT

1. Purpose of the Report

1. The purpose of this report is to provide an initial Government response to the main recommendations made in the Final Report of the Independent Jersey Care Inquiry ("IJCI"), along with an overview of progress in the first three months following the publication of the Inquiry.
2. The Chief Minister made it clear in his public response to the Care Inquiry that he accepted all the main recommendations, and had asked for a report to be submitted to the States Assembly in October with an initial implementation plan and update on progress.
3. This report describes work that has been agreed and supported immediately in advance of and following the Care Inquiry publication. Further priorities for action are described, using the 8 headline recommendations of the Care Inquiry, which form the start of a comprehensive programme of delivery arising from the recommendations.
4. The broader cultural changes identified by the Care Inquiry, which are crucial to underpinning and sustaining any future changes, go beyond the timescale for the preparation of this report.
5. The proposed approach is to address the systemic challenges in the context of a revised Children's Plan with agreed outcomes for children and young people.
6. This  report  will,  therefore,  also  refer  to  longer-term  work,  including  the necessary consultation with key agencies and young people themselves.

2. Background

1. The Final Report of the Independent Jersey Care Inquiry waspublished on Monday  3rd  July2017  as  R.59/2017:  Independent  Jersey  Care  Inquiry Report.The Care Inquiry took approximately 3 years to complete from its launch on 3rd April 2014.
2. The CareInquiry's Final Reportidentifiedindividual and systemic failings and made recommendations for the futuremanagement ofJersey's residential and foster homes, in orderto ensure that the Islandprovides a safe and secure environment for the children in its care.
3. The recommendations made by the Care Inquiry represent an opportunity to reflect, learn and plan system-wide improvements to achieve better outcomes for children. A considered and comprehensive response to the Care Inquiry recommendations  represents  an  opportunity  to  re-affirm  our  community's commitment to protecting and promoting the welfare and well-being of all children in Jersey.

4. A number of different groups have informed the content of this report. These include –

Inquiry Response Group: which is made up of senior officers from a number  of  Departments.  The  Group  has  met  fortnightly  in  order  to undertake the initial planning and response to the Care Inquiry. The terms of reference for the Group are provided in Appendix 1.

Care Inquiry Advisory Panel to the Chief Minister: which is made up of 4 States Members who have provided advice to the Chief Minister in considering the best response to the Care Inquiry recommendations. The Advisory Panel is chaired by the Assistant Chief Minister, and the Panel has reviewed and endorsed the Inquiry Response Report. The terms of reference and the notes of the Advisory Group meeting are provided in Appendix 2.

Separation of Powers Advisory Panel to the Chief Minister: which is made up of 5 States Members who have been invited to provide advice to the Chief Minister in responding to the Inquiry Recommendation Seven, which concerns the Jersey Way' and the separation of powers'. The Advisory Panel is chaired by the Deputy Chief Minister. The terms of reference are provided in Appendix 3.

3. Future Reporting Mechanisms

3.1  Responding to the Care Inquiry recommendations will require energy and commitment over both the short and long term. It is important that collective efforts and progress are reviewed and accounted for regularly.

Council of Ministers Community Policy Sub-Group: Accountability within Government will be assured through the recently established Council of Ministers Community Sub-Group. The new structure is a sub-group of the Council of Ministers and will be chaired by the Chief Minister. The Group has a broad social policy remit, which will enable the breadth of the Care Inquiry recommendations to be considered. This will reduce the risk of silo working, which was regularly identified in the Care Inquiry Report as a barrier to achieving good outcomes for children. The paper describing the terms  of  reference,  role  and  function  of  this  Group  is  provided  in Appendix 4.

Care of Children Scrutiny Panel: Assurance to the States Assembly will be provided  by  the  Care  of  Children  Scrutiny  Panel,  which  has  been established to focus specifically on the cross-cutting issues raised by the Care Inquiry. The Review Panel has been established to ensure that the recommendations are implemented fully and that any proposals put forward to achieve them are adequately examined. The terms of reference and membership of this Scrutiny Panel are provided in Appendix 5.

4. Ministerial  Decisions  Ahead  of  and  Immediately  Following  the  Care Inquiry Report

1. Funding  in  the  Medium  Term  Financial  Plan  ("MTFP")  2016 – 2019:  in addition  to  funding  already  allocated  in  base  budgets  to  Departments,  in particular  Education,  and  Health  and  Social  Services,  the  Medium  Term Financial Plan 2016 – 2019, as adopted by the States Assembly, included the allocation of £1.65 million per year from Central Contingencies for initiatives that support vulnerable children (£4.95 million in total over the period from 2017 to 2019). This has enabled a number of immediate priorities to be met ahead of, and immediately after, the publication of the Care Inquiry report, as detailed below.
2. November 2016: the Council of Ministers agreed in November 2016 to allocate a proportion of those contingencies monies to priority projects (totalling up to £2,260,650 over the period from 2017 to 2019). These projects were considered a priority, as they were time-critical. Funding was allocated as requested by the Minister for Treasury and Resources in January 2017 (MD-TR-2016-0112). These projects comprised –

• Early Help Approach
• Children's Change Programme
• Additional staffing for the Public Protection Unit (Police)
• Development of a Sexual Assault Referral Centre (Police)
• Enhanced MASH resourcing.

3. May 2017: the Chief Minister signed a decision in May 2017 MD-C-2017-0038 requesting the allocation of funding for a further set of priorities that had been identified. Funding was released to support Family Support Workers and the Baby Steps universal ante-natal programme. The Chief Minister's request was agreed by the Minister for Treasury and Resources in April 2017 (MD-TR-2017-0051).

• Family Support Workers Initiative
• Baby Steps Universal Programme.

4. July 2017: the Chief Minister signed a decision in July 2017 allocating the remaining funding MD-C-2017-0095. The Minister for Treasury and Resources allocated the remainder of the Contingency funding (£1,793,250) set aside in the MTFP 2016 – 2019. (MD-TR-2017-0090). Projects included:

• Additional Legal Advisers
• Parent Infant Psychotherapy Service
• Youth Enquiry Service (Targeted Programme)
• Nursery Special Educational Need
• On-Island Social Work Training.

Other funding

5. March 2017:  the Council of Ministers agreed to request the Minister for Treasury and Resources to make available up to £800,000 from Contingencies to  meet  the  likely  immediate  costs  identified  by  Departments  following publication of the Panel's report (see Appendix 6). The Council also agreed that certain costs (mainly for archiving) could be met from the £23 million made available for the Inquiry.
6. July  2017:  following  the  publication  of  the  Care  Inquiry  report,  Central Contingency funding of up to £675,000 in 2017 and up to £590,000 in each of the years 2018 and 2019 was requested by the Council of Ministers to be released in order that work could begin to establish a Children's Commissioner. The Minister for Treasury and Resources made these funds available in July 2017 (MD-TR-2017-0091), which enabled the process to appoint a Children's Commissioner to commence during the summer. Recruitment of the officers who will support the Children's Commissioner was also able to commence.

5. Responsibility for Delivery

5.1  The table below sets out the Ministerial and Departmental responsibilities for progressing  the  responses  to  the  Care  Inquiry.  The  Council  of  Ministers Community Sub-Group will ensure an integrated response to the Care Inquiry recommendations.

6. Phased Response to meeting Recommendations

We want to avoid giving the States of Jersey a lengthy checklist of recommendations. History  suggests  that  this  could  result  in  departments  marking  off  superficial achievements without addressing the underlying and significant systemic problems, or it might cause pre-occupation with the detail of a large number of recommendations and  fail  to  see  the  bigger  picture  (IJCI:  Volume 3  of  3  Recommendations  and Appendices: Para. 12.119: p.43)

1. There will be a phased approach taken to ensure an effective response to the Care  Inquiry recommendations.  Planning and delivery will be focused on delivering the following –

1. actions resulting directly from the Care Inquiry from October onwards;
2. progression of collaborative planning and re-design of a Children's Plan for Jersey with public engagement beginning in March;
3. presentation of a costed Children's Plan to the new Council of Ministers during its first 100 days of office.

2. The estimated headline investment for the initial response to the Care Inquiry is £2,895,897 by the end of the current Medium Term Financial Plan in 2019. This  includes  one-off  costs  in  2017 (£165,091),  2018 (£1,488,643)  and 2019 (£1,242,163).  There  is  £1,149,663  recurring  expenditure  which  will continue each year from 2020 and will need to be considered as growth in the next Medium Term Financial Plan. There are also an estimated additional
   4. permanent full-time equivalent posts required to deliver the initiatives. Each of the lead departments are developing business cases for the respective initiatives in more detail. A breakdown of the cost of each initiative against each recommendation is shown in Appendix 7[1], and a balance scorecard of actions is presented inAppendix 8.
3. Critical to continuing to build a robust response in the medium term is the development  and  agreement  of  a  Children's  Plan.  This  document  should become the touchstone for agencies working together to improve children's lives. It is proposed that a revised Children's Plan is completed and wider engagement of the Children's Plan begins in March 2018.
4. A costed delivery plan will be prepared for consideration by the new States Assembly  and  Council  of  Ministers  following  the  general  elections  in June 2018.

4. Preliminary work has also started on the potential investment required to deliver a Children's Plan. Whilst work in this area is ongoing, indicative costs have been estimated at £4.6 million by the end of 2019. Exact investment will become clearer once the work of the Children's Plan is completed in June 2018.
5. On completion of a revised Children's Plan, the 659 recommendations collected by the Care Inquiry will be evaluated against the proposed responses to date. Appendix 9 maps the current proposals made within this report against the Care Inquiry's 8 Lessons to be Learnt' and '10 Fundamental Failings'.

7. Recommendation 1 – A Commissioner for Children

We recommended that a Commissioner for Children be appointed to ensure independent oversight of the interests of children and young people in Jersey (IJCI: Executive Summary: Para. 13.5: p.57)

1. The appointment process of a Children's Commissioner began at the end of July. There has been liaison with existing Children's Commissioners in other jurisdictions throughout the process. This will assist the future candidate in maintaining links with established networks, as recommended by the Care Inquiry. Initial discussions have already taken place with officials in Guernsey with regard to the Children's Commissioner role and the scope to develop a pan-Island approach in the future.
2. The Children's Commissioner will have a key role in holding government to account on its commitment to the United Nations Convention on the Rights of the Child ("UNCRC"). The function will form part of the critically important independent oversight that was recommended by the Care Inquiry.
3. The Commissioner will be established in the first instance by the Chief Minister and is expected to act without fear or favour' of government, children's agencies, or the voluntary and private sectors.
4. The  intention  is  to  complete  the  recruitment  process  for  the  Children's Commissioner and support staff by November 2017, with a view to having the Children's Commissioner function running in shadow form by early 2018.
5. An additional task will be to establish the main policy principles that will inform the statutory framework needed to determine the role, functions and powers of the Children's  Commissioner. The statutory framework will be developed during 2018 and be lodged with the Assembly no later than December 2018.
6. An immediate task for the Children's Commissioner will be to respond to the recent States Assembly decision to consider the desirability of giving the UNCRC a similar status to the European Convention on Human Rights in Jersey by incorporating it into legislation.23

2 http://www.statesassembly.gov.je/assemblypropositions/2017/p.63amd.pdf 3 http://www.statesassembly.gov.je/assemblypropositions/2017/p.63-2017.pdf

Headline Actions for this Recommendation

8. Recommendation 2 – Giving Children and Young People a Voice

Ensuring that the voice of children and young people is heard in relation to all matters affecting their lives, including the development of government and service policy, is crucial in building confidence that their interests are given paramount consideration (IJCI: Vol. 3 of 3: Para. 13.14 pp.52)

1. Encouraging and listening to the voice of children is essential to improving outcomes for children in Jersey. Critical to hearing the voice of children is creating a culture and society where children are valued, know they are valued, are viewed as positive members of our community, and where children are protected, and those who are at risk of harm are responded to swiftly and appropriately.
2. Critical to achieving cultural change is to create universal opportunities for children and young people (including those in contact with children's services) to become engaged in and have influence over key aspects of their lives. The Education Department has a key role in providing those opportunities in schools and wider community settings. Two complementary areas for development are proposed as key starting points.

• In  collaboration  with  children,  develop  a  school-based  participation strategy with students, embedding a culture of participation and recognising children and young people as citizens of Jersey. The school-based strategy will be capable of linking with Island-wide children and young people's forums, Ministers and the Children's Commissioner, acting as a central point for gathering views, hearing voices and representing children and young people collectively.
• In collaboration with children, set up a Children and Young People's Panel to explore and identify approaches that enable children to take an active role on issues that matter to them. Different models and approaches will be considered, for example Youth Councils.

3. The Panel will consider what model of participation and engagement would work best in Jersey. The Panel's deliberations will ensure that the model is properly co-produced and reflects an agreed set of shared values and objectives that local children and young people agree to.
4. Wider consultation regarding the recommendations made by the Children and Young People's Panel will be completed before being presented as part of a revised Children's Plan.
5. It is proposed that a new approach to children's advocacy is adopted, based on the Kids in Care' model, which will ensure a greater emphasis is given to children's experiences whilst in care. It is proposed that new information technology be used to consolidate and improve children's participation in planning their care. An example is MOMO' (Mind Of My Own) which has been  shown  to  make  it  much  easier  for  children  to  interact  with  care practitioners on a daily basis.
6. It is also proposed that the role of a Children's Rights Officer is created, which will be a champion within children's services for ensuring children's rights are

met as part of children-centred planning and care delivery. The Children's Rights Officer would form an important practice-based resource, ensuring Jersey continues to make progress against its commitment to the UNCRC and its 3 main areas –

• Protection rights to be safe
• Provision rights to be well looked after
• Participation rights to have your say and be listened to.

7. The Children's Rights Officer role would report directly to the Managing Director, Community and Social Services and be an advocate for children who are in receipt of care, whilst also supporting the work of frontline practitioners and managers. Roles will also be created for young people who have personal experience of care, and who would support the Children's Rights Officer role.

Headline Actions for this Recommendation

9. Recommendation 3 – Inspection of Services

Jersey should establish a truly independent inspection arrangements for its children's services, which will have confidence of children, staff and the wider public (IJCI: Executive Summary: Para. 13.11 p.58).

1. The Regulation of Care (Jersey) Law 2014 ("the 2014 Law") provides for the establishment of an independent Jersey Care Commission. Commissioners were appointed during the course of 2017, ahead of the 2014 Law coming fully into force in early 2018. The Law disqualifies any person who is working or has worked for the Health and Social Services Department (as either a contractor or employee) and any person who has or has had any other interest in the provision of  health  and  social  care  in  the  Island  from  holding  the  position  of  a Commissioner.
2. The Jersey Care Commission has a number of statutory functions, including responsibility for the regulation of health and social care services for children and the independent inspection of residential care services for children and young people in Jersey.
3. Inspection of Children's Residential services: It is proposed by the Jersey Care Commissioners that inspections of residential services for children and young people will commence in the spring of 2018 and, from that point onwards, each registered children's home will receive a minimum of one inspection per annum. Inspection reports will be made available to the public on the Jersey Care Commission's website.
4. To prepare for the implementation and delivery of this programme of inspection within this timeframe, it is proposed that the Jersey Care Commission will employ a designated inspector for children's residential services, in advance of the Regulations coming into force. The designated inspector will take forward the necessary preparatory work, including pre-registration advice and support to managers and staff for homes that fall under the regulatory framework to ensure that they meet the requirements and standards for registration.
5. Inspections will focus primarily on 4 key criteria: whether services are safe, effective, compassionate and well-led. Inspectors will look at the outcomes for children and young people and evidence that children are being given the

necessary opportunities to achieve their full potential in self-determination, education, vocational training and employment.

6. Inspectors  will  look  for  evidence  that  individual  care  plans  are  in  place, implemented and regularly updated, that regular visits from an appointed social worker take place, that there is evidence of contact with relatives and family members and that attention is given to each child or young person's personal developmental milestones.
7. Inspections  will  also  assess  and  comment  on  how  services  are  managed, including team working, training and staff development, and at safe practices in areas such as risk-taking and safeguarding.
8. As part of the inspection methodology, it is proposed that an approach is identified  to  include  young  people  with  care  experience  to  assist  with inspections.
9. Independent  review  of  Children's  Services:  In  the  month  following  the publication of the Care Inquiry, the Chief Minister has received support from the  Jersey  Care  Commission  to  make  additional  arrangements  for  the independent review of children's services[2]. The Jersey Care Commission is planning to complete and agree final terms of reference in December 2017.
10. Future policy guidance from Government will be required during 2018 for the Jersey Care Commission to plan future phasing of wider Regulations under this Law. The development of further phases of implementation of the Regulation of Care (Jersey) Law 2014 could include Regulations for Children's Services, and Fostering and Adoption, as well as reviewing the option for inclusion of early years services (including nurseries, child care and childminding) currently under the auspices of the Minister for Education.

Headline Actions for this Recommendation

10. Recommendation 4 – Building a Sustainable Workforce

Effective professional practice must be underpinned by safe recruitment, access to high quality training and reflective supervision. (IJCI: Vol 3 of 3: Para 13.29 page 59)

1. In responding to this recommendation, planning has focused on 3 particular aspects of the recommendations that the Care Inquiry identified as important. These include recruitment and retention, service models and structure, and finally, enhancing frontline practice to improve children's outcomes.
2. It is proposed that the States Employment Board will lead in co-ordinating the response to the challenges of building a sustainable workforce with support from other key Departments that have a service delivery role to children and families (for example Health and Social Services, Education, States of Jersey Police). This would enable a whole system approach to be developed. An example of the States Employment Board taking on this role is in the recent commissioning  of  an  independent  review  of  bullying,  harassment  and whistleblowing across the States of Jersey workforce.

3. Improving Approaches to Recruitment: Recruitment to children's social work vacancies will continue during October to December 2017[3]. Additional human resources capacity is required to enable children's services to build on recent improvements in recruiting new staff. This additional capacity will be used to develop robust recruitment and retention plans that enable the Island to compete with other jurisdictions for health and social care practitioners, who are in high demand across the British Isles.
4. Wider structural challenges to successful recruitment are also being addressed. Work is underway to ensure that appropriate alternative accommodation is available to staff when the refurbishments take place as part of the Future Hospital Project. Part of this work will involve updating and refurbishing the current staff rental accommodation, to ensure that the quality of this stock meets the Jersey Decent Homes Standard.
5. For some key workers, not being able to buy a home can discourage them from moving to or staying in Jersey. Officers from Health and Social Services, the Strategic Housing Unit and Andium Homes are working together to offer improved options for accommodating key workers and their families. Work is also underway to develop proposals to enable key workers such as nurses, social workers and residential childcare officers to access the Housing Gateway to allow them to rent or buy affordable homes.
6. The Care Inquiry report also highlighted the problems associated with linking access to accommodation to employment, and the potential for this association to stifle whistleblowing or raising concerns within the workforce. To respond to this issue the proposal is to transfer the Key Worker accommodation property portfolio from the Health and Social Services Department and Jersey Property Holdings to Andium Homes, and to review elements of the Control of Housing and Work (Jersey) Law 2012 in relation to residential and employment status for key workers and their families. The Assistant Chief Minister already has the ability to consider applications in relation to the Law which do not fall within the guidance on a case-by-case basis, and to exercise discretion in respect of such applications "in the best interests of the community". Policy will be developed to guide the application of ministerial discretion in relation to these applications.
7. Developing a Jersey Practice Model': The Care Inquiry made frequent mention of silo working across services for children. It recommended that learning from other jurisdictions be used to inform local service redesign.
8. In the lead-up to the Care Inquiry publication, a weeklong rapid pathway development' workshop was held with the ambitious objective of developing a Jersey-wide Practice Model. This workshop and the Practice Model that was constructed during it, represents a significant piece of multi-agency joint working with a number of workforce implications for all professionals providing services for children and young people.

9. The draft Jersey Practice Model' is now in the process of ratification and is scheduled to be signed off by the Council of Ministers Policy Sub-Group in October 2017. The Jersey Practice Model applies to children from pre-birth to 19 years of age with emerging or known additional or complex needs/disability, including looked-after children and those in need of protection.
10. Jersey Foster Care Model: In responding specifically to the Care Inquiry's recommendation on fostering, it is proposed that Health and Social Services will commission an external review of the current Fostering Service Model. The review  will  offer an  up-to-date  assessment of  future  demand  and  supply, evaluate the current model and provide detailed option appraisals of different approaches that will deliver flexible foster care to all looked-after children, including those with specialist levels of need.
11. The scope of the review will describe the training and development required to establish  specialist  fostering,  along  with  the  model  of  support  (in  other jurisdictions there is 24 hours on-call professional support for foster carers and respite built into foster care placements).
12. The review will need to take into account the role played by the Housing Gateway  to  provide  stable  accommodation  to  foster  parents.  Currently, Gateway staff work closely with the Children's Service to ensure that foster carers have access to appropriate accommodation and they are awarded a high priority on the Housing Gateway waiting list as a result.
13. Enhancing Frontline Practice: The Care Inquiry was very clear that there needed to  be  more  emphasis  and  focus  on high-quality  interventions  in frontline services. The States Employment Board have an important strategic role to play in supporting effective recruitment approaches that will assist in delivering a sustainable workforce. It is proposed that the States Employment Board take a lead  in  developing  a  whole  children's  workforce  approach'  across Departments.
14. This work would build on the baseline assessment of children's services that is currently being completed by Skills for Health'. Key considerations should include –

Establishing  a  3-year  programme  for  accredited  training  in  systemic practice for all children's services staff. This would achieve a commonality of approach and enhance the impact of practitioners to improve outcomes for children and families.

Adopting the Children's Workforce Development Council's6 common core of skills and knowledge for everyone working with children and young people. It describes the skills and knowledge that everyone who works with children and young people is expected to have.

6 file:///C:/Users/heavena2/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/O HBAGZIQ/Common%20core%20of%20skills%20and%20knowledge%20for%20the%20child rens%20workforce.pdf

In the short term, a cohort of Managers to Leaders' staff who work in services for children from across Departments has been created. This course started in October and is an important step in promoting a cultural change toward integrated working.

In addition, it is proposed that a dedicated leadership programme[4] focused on developing leaders within children's social work be introduced. There are established national programmes now in place, which have been able to evidence  significant  change  in  leadership  competencies  within  the professional practice, and it is these behaviours and approaches that will be required to realise a culture of best practice and excellence.

Strengthening Safeguarding across Health Services and Primary Care: A recent review of safeguarding arrangements across hospital and primary care  against  national  best  practice  identified  a  number  of  risks  and challenges to practice. A phased investment of frontline staff would enable current and future safeguarding needs of vulnerable children to be met.

Headline Actions for this Recommendation

11. Recommendation 5 – Legislation

Consideration is given as to how the Island can have a more effective mechanism for developing legislation, policy and practice (IJCI: Vol. 3 of 3: Para. 13.33 p.60)

1. The Care Inquiry report is very clear that legislation for children in Jersey has lagged behind the developed world. There is an absolute need for modern, fit- for-purpose legislation that protects the needs and interests of all children, not just those who are vulnerable or who have suffered harm. To fail to legislate to protect all children and their families – for example, thorough housing, early years education standards, or divorce reform, can serve to drive children toward risk and vulnerability.
2. Good legislation is determined by good, coherent policy. A piecemeal approach to fixing known legislative gaps will not work in the longer term. It is therefore proposed that a revised Children's Plan is used as the key reference point to inform the future policy and legislative development process.
3. In order to avoid lengthy delays in policy and legislative development process, a  dedicated  Policy Unit is  proposed. This is in keeping with the  Inquiry observation  that:  "the  development  of  new  legislation  is  dependent  on operational managers being able to devote time to the task amid their other duties. It should be the responsibility  of a dedicated  policy unit or legal specialist."
4. It is proposed that the existing central policy function will be strengthened and enhanced with dedicated policy officer and Law Officer capacity. This will enable the immediate work to start on –

• necessary  law  development  driven  by  the  Care  Inquiry;  for  example, creating in law the office of the Children's Commissioner. Consideration will also be given to other structural changes, for example, the role of Chief Social Worker;
• a wholesale review of key pieces of children's legislation; for example, the Children (Jersey) Law 2002, the Adoption (Jersey) Law 1961 and the Criminal Justice (Young Offenders) Jersey Law 2014, in order to ensure they better define powers and duties towards children; for example, with the  introduction  of  powers  to  set  safeguarding  targets  for  children's services; a duty on services to co-operate with each other; and a duty to support children in need;
• co-ordination/prioritisation of legislative changes that benefit/protect all children; for example, potential incorporation of UNCRC into domestic legislation, regulation of the early years environment, divorce reform, etc.;
• developing  the  required  legislative  response  to  structure  and  service changes  driven  by  the  Children's  Plan  and  enhanced  governance arrangements, for example, potential establishment of partnership boards broadly equivalent to Children's Trusts.

5. There has been considerable progress made in developing the Jersey Youth Justice System during the lifetime of the Care Inquiry.

6. In order to obtain an independent assessment of the  progress made, it is proposed  that  an  inspectorate  will  be  sought  to  scope  and  complete  an independent review of the Youth Justice System. The recommendations from this report will inform the subsequent priorities for further improvements and enhancements of policy and legislative development, whilst also identifying areas that represent existing strengths and good practice.

11.6  It is proposed that after almost a year of the young offenders legislation being in place, an external review is conducted of Greenfields Secure Residential Service. This independent review will guide future use.

Headline Actions for this Recommendation

12. Recommendation 6 – Corporate Parenting

There seemed to be little evidence of a full commitment to the concept (Corporate Parent) that children looked after by the States were entitled to have full resources of the States applied in their best interests throughout their time in care and, indeed, beyond (IJCI: Vol. 3 of 3: Para. 13.37: p.61)

1. At the heart of corporate parenting' is a simple message: those who have responsibility to care for young people who cannot live with their families should have the same aspirations as parents do for their own children, and they should work together to parent them. Making that happen across the British Isles has proved far more difficult, as experience has continually shown.
2. Having clear documentation on the local corporate parenting approach is important, as it identifies the leadership, structures, processes and staffing for putting a government commitment to corporate parenting into practice.

Develop a Public Commitment to Corporate Parenting

3. Recent research suggests shows that in order to make effective corporate parenting happen, any planning needs to include –

• having a coherent strategy, aided by joint working and protocols, which make transparent the roles and responsibilities of each service. A culture of joint working should be promoted by joint training and development days and working practices, including secondments and visits to neighbouring services in other jurisdictions;
• effective corporate parenting is seen by senior managers as being assisted by: Ministerial commitment; partnership working; training of staff; a shared vision; officer support; involvement of young people; and commitment to the young people's pledge;
• effective corporate parenting is seen by lead professionals as being helped by networking; links with other agencies; quality of relationships with young people; support from team members; good supervision; management training; access to a range of resources; and good quality placements.

4. In Scotland, corporate parenting is defined in the Children and Young People (Scotland) Act 2014[5]. The statutory guidance defines the corporate parents and the duties they have towards looked-after children. The guidance also describes the wider parameters for agencies to develop their own approaches, either individually or in partnership[6].
5. It is proposed that further policy development is progressed to describe the role of the corporate parent, in legislation and more widely, and the opportunities this presents to ensure better outcomes for children.
6. States Members' Oath: A key area of change highlighted in the Inquiry Report was the roles and responsibility of elected members. The Privileges and Procedures Committee is considering the Care Inquiry's recommendations in this area, and is expected to bring forward a proposition in relation to the oath sworn by States Members and their induction. The Committee will be supported in its work by officials who can identify best practice in other jurisdictions for the Committee to draw on.

7. Developing a Children's Plan: A programme of work has commenced to review the existing 2011 Children's and Young People Framework10. Representatives from across public services and the community voluntary sector have started to work together in a series of three workshops to review and refresh the priorities described in the 2011 document.
8. The vision behind the existing Children's and Young People Framework is to ensure all children and young people grow up in a safe, supportive Island community in which they achieve their full potential and lead happy, healthy lives.
9. During the review process, it is intended to engage children and young people in the  development of a revised set of priorities. Following wider public engagement, the  agreed  plan  will consolidate  and clearly set out the  key priorities of action and targets for improvements.
10. A key consideration in delivering the revised Children's Plan will be to establish an appropriate system of governance, which will promote better joint planning between  government  departments  on  common  areas  such  as  workforce development, quality and performance, integrated services and joint working.
11. The  same  governance  system  should  also  guide  policy  and  legislative development, which is consistent with delivering the agreed Children's Plan and  wider  commitments  under  the  UNCRC.  This  would  include  shared approaches  to  performance  management  including  inspection  and  self- assessment.
12. The Children's Plan will be consistent with the recent work of Future Jersey'11, which has described a shared, long-term vision for our community that included key Island outcomes and indicators for children.

Headline Actions for this Recommendation

10 https://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/R%20 StrategicFrameworkSummary%2020111121%20CPG%20v1.pdf

11 https://www.gov.je/Government/Consultations/Pages/FutureJersey.aspx

13. Recommendation 7 – The Jersey Way'

Ensure that the Island's children and young people will be looked after in a caring and compassionate system that is underpinned by a system of governance in which there is the utmost confidence among all of the island's citizens  (IJCI Para. 13.43: p.64: Vol. 3 of 3: Recommendations and Appendices)

1. The Care Inquiry reported that it observed 2 different uses of the term, the Jersey Way' –

• a positive use, describing a strong culture of community and voluntary involvement; and
• a  negative  use,  describing  a  perceived  system  of  secrecy,  lack  of transparency and a lack of openness leading to a lack of trust, a fear factor', and a perception that serious issues are swept under the carpet and people escape being held to account.

2. The findings of the Care Inquiry made it clear that the negative use of the so- called Jersey Way' is a matter of perception held by some members of our community.  The  challenges  of  improving  transparency,  public  trust  and accountability are not unique to Jersey and are common across the British Isles. It is against this background that the proposed actions identified below set out to address any such misunderstandings and enhance key areas of governance in response to Recommendation 7 of the Care Inquiry Report.

3. It is therefore proposed that action is taken to –

• better understand the views, concerns and needs of the whole community and across government and public institutions in respect of our system of governance;
• identify, develop and implement improvements across government and the public sector in respect of transparency, openness, checks and balances, accountability; and the promotion and maintenance of public confidence in Jersey's system of governance; and
• develop  and,  where  approved  by  the  States  Assembly,  implement outstanding recommendations of the Clothier and Carswell Reports.

4. Administrative  Redress: In  addition,  the  Jersey  Law  Commission12 has, following  its  2016  consultation,  recently  published  its  Report  and recommendations on improving administrative redress in Jersey. The final recommendations cover the following areas: oversight of administrative redress processes; complaints procedures; the administrative justice system; the States of Jersey Complaints Panel; the establishment of a Jersey Public Services Ombudsman (also recommended by the Clothier Review); and, judicial review. These recommendations will also need to be considered by the Chief Minister in the context of Care Inquiry Recommendation 7, as they relate to the system of checks and balances and accountability by which government and public institutions are held to account, and are intended to contribute to the wider project of building trust and confidence in processes for complaining about public administration.
5. Engaging the Community – Public Engagement: In order to better understand the views, concerns and needs of the whole community, it is proposed that the Chief Minister co-ordinates work to develop policy priorities aimed at building public engagement and transparency in government deliberation and decision- making. This could include developing models of public engagement which promote civic engagement including, for example, constitutional conventions13, citizens' assemblies14, and mini-publics15 and using both digital and traditional channels.
6. Accountability, Openness and Confidence: In order to improve accountability, integration,  openness  and  confidence  in  our  system  of  governance,  it  is proposed that the Chief Minister co-ordinate work to –

• develop proposals for improved governance structures that will enhance accountability and integration, and will enable the effective and ongoing delivery of the Care Inquiry recommendations;
• review best practice approaches and available benchmarks in respect of accountability, integration, openness and generally improving confidence

12 https://jerseylawcommission.files.wordpress.com/2016/04/jsylawcom_topicreport_adminred ress_final.pdf

13 http://www.ucl.ac.uk/constitution-unit/images/news/ccblueprint-2

14 http://researchbriefings.files.parliament.uk/documents/SN07143/SN07143.pdf

https://www.ourvoice.scot/719/documents/1025

15 https://test123582.files.wordpress.com/2017/04/deliberativeinnovations-researchpaper.pdf

in  government  and,  using  those  indicators,  review  Jersey's  current performance and set future objectives;

• review the recommendations of the Jersey Law Commission Review on administrative redress and the administrative justice system, and Clothier recommendations in respect of the establishment of a Jersey Public Services Ombudsman and develop proposals to implement those recommendations.

Clothier, Carswell and the Separation of Powers

7. On  26th  September  2017,  the  Chief  Minister  lodged  P.84/2017:  Elected Speaker  and   Deputy  Speaker  of  the  States  Assembly:  selection  and appointment'[7].  This  is  due  to  be  debated  by  the  States  Assembly  on 14th November 2017.

Key Deliverables for this Recommendation

14. Recommendation 8 – Legacy Issues

1. The Chief Minister has committed to engaging survivors and the wider public in developing a plan to address the legacy issues identified by the Inquiry report. Each of the 4 areas identified under Recommendation 8 have their own unique set of sensitivities.

2. Establishing a Care Inquiry Archive:

Our proposals include that all of the Inquiry's vast documents is preserved in perpetuity, with all public documents being retained in the public domain. Consideration should be given to making the archive accessible and more easily searchable (IJCI: Executive Summary: Para. 13.21: p.61)

3. Following its publication, the Care Inquiry, the Report and its Papers, are now formally the responsibility of the States Greffe. It is proposed that the majority of the non-sensitive records of the Care Inquiry should be stored at the Jersey Archive, as the Island's National Repository under the Public Records (Jersey) Law 2002, although there is a case for storing some particularly confidential records off-Island, in accordance with practice in relation to other sensitive inquiries.
4. It is proposed that a small team led by the Greffier of the States and the Director of the Archive continue to develop and publish an archiving plan that meets the proposals set out in Recommendation 8 of the Care Inquiry Report.
5. Public Memorial

There is a public tangible acknowledgement of those who have been ill-served by the care system over many decades (IJCI: Executive Summary: Para. 13.22: p.61)

6. It is proposed that a Citizen Panel is commissioned to develop preferred options for a memorial, which will ensure survivors can be respected and honoured in decades  to  come.  The  Panel  will  be  made  up  of  approximately 20 to 25 participants,  who  will  assemble  and  participate  in  approximately 5 workshops to discuss the issue and produce a collective recommendation. The Panel will be informed in their deliberations by key stakeholders (but not limited  to),  representatives  from  local  arts  and  culture,  Environment Department,  survivor  representatives,  community  voluntary  sector organisations.

6. The Panel would present its recommendations to the Council of Ministers.
7. Haut de la Garenne

We recommend that consideration be given as to how the buildings can be demolished and that any youth or outdoor activity or services for children located on the site should be in modern buildings bearing no resemblance to what went before (IJCI: Executive Summary: Para. 13.23 p.61/62)

8. Haut de la Garenne is currently the responsibility of Jersey Property Holdings. A lease is currently in place with a local outdoor activity company. It is proposed that, in partnership with Community and Constitutional Affairs, an Island-wide public consultation is undertaken to gather views regarding the Inquiry's proposal for the building's demolition.
9. The Public Consultation will deploy a mixed methodology of approaches to seek to ensure that all voices are heard. A summary of the responses from the public consultation will be published on the gov.je website. A Ministerial Decision on the future of the building can then be made by the Minister for Infrastructure with the support of the Council of Ministers.

Care for witnesses after the Care Inquiry

We  are,  however,  conscious  that  this  may  not  be  so  for  some.  Accordingly,  we recommend that arrangements are put in place for ongoing support for all who may feel that they need it in the aftermath of the Inquiry.

10. Investment  has  been  set  aside  for  the  provision  of  24-hour  confidential telephone support in the immediate period after the Care Inquiry publication.
11. Continued support for survivors will be available as part of the existing service provision by Health and Social Services. Emphasis will be put on providing different types of support that reflected individual's different needs and paths to recovery.

Headline Actions for this Recommendation

15. Collective responsibility under Standing Order 21(3A)

The Council of Ministers has a single policy position on this proposition, and as such, all Ministers, and the Assistant Ministers to the Chief Minister, are bound by the principle of collective responsibility to support the proposition, as outlined in the Code of Conduct and Practice for Ministers and Assistant Ministers (R.11/2015 refers).

16. Financial and manpower implications

The estimated headline investment for the initial response to the Care Inquiry is £2,895,897 by the end of the current Medium Term Financial Plan in 2019. This  includes  costs  in  2017  (£165,091),  2018  (£1,488,643)  and  2019 (£1,242,163). There is £1,149,663 recurring expenditure, which will continue each year from 2020 and will need to be considered as growth in the next Medium  Term  Financial  Plan.  There  are  also  an  estimated  additional 19.4 permanent FTE required to deliver the initiatives.

Inquiry Response Group – Terms of Reference

INDEPENDENT JERSEY CARE INQUIRY ADVISORY PANEL – TERMS OF REFERENCE

In response to the Independent Jersey Care Inquiry, the Chief Minister has established an Advisory Panel ("the Panel") to support the development of a detailed response to the Inquiry's main recommendations, in order that this response can be brought forward for consideration by the States Assembly by the end of October.

The Chair of the Panel is Senator P.F. Routier, M.B.E., Assistant Chief Minister. The members of the Panel are as below –

Connétable M.P.S. Le Troquer of St. Martin Deputy J.A. Martin of St. Helier

Deputy J.M. Maçon of St. Saviour .

The focus of the Panel will be to provide –

• advice to the Chief Minister on the actions to be taken and the investments to be made in order to implement the 8 main recommendations of the Care Inquiry;
• a constructive check and challenge to officers on proposed draft responses to the main recommendations of the Care Inquiry;
• wider reference and political context to any proposed investments to be made in order to meet the main recommendations of the Care Inquiry.

The Panel will generally meet monthly.

Officers from the Department for Community and Constitutional Affairs will provide a secretariat function to the Panel.

INDEPENDENT JERSEY CARE INQUIRY ADVISORY PANEL MEETING NOTES

Independent Jersey Care Inquiry – Chief Minister's Advisory Panel Notes of Meeting held Thursday 24th August 2017

Attendance:

Senator P.F. Routier, M.B.E. (Chair) Connétable M.P.S. Le Trocquer of St. Martin

Apologies:

Deputy J.M. Maçon of St. Saviour Deputy J.A. Martin of St. Helier Deputy R.J. Renouf of St. Ouen Deputy LM.C. Doublet of St. Saviour .

Agenda Item:

1. Welcome

The Chairperson welcomed attendees and noted apologies. The Chairperson explained that 2 Panel members were not in attendance as they were meeting the Chief Minister to discuss their perceived concerns about potential conflict of interests in participating in the advisory panel and future scrutiny of ministerial decisions. It is hoped that their attendance will be secured in due course.

2. Terms of Reference

The terms of reference were reviewed and agreed. It was acknowledged that the main purpose of the Panel was to advise the Chief Minister and for this purpose alone.

It  was  noted  that  the  initial  focus  of  the  Panel  should  be  on  the  8 high-level recommendations  with  scope  to  make  reference  to  the  more  specific 659 recommendations also referenced in the Inquiry Report.

3. How we will work together

The Panel acknowledged the tight timescales within which to advise the Chief Minister, who has committed to bring a report back to the States Assembly during October.

It was noted that a separate Advisory Panel was meeting to discuss the separation of powers, which was part of the seventh recommendation, and there was an existing proposition to debate separation of powers scheduled for the beginning of September.

The Panel agreed to cover 2 recommendations at each meeting. Members were invited to request officer support to research specific areas relevant to each recommendation in advance, so that officers can provide a briefing and assist members' discussion and ultimately any advice made by the Panel.

4. Communication

It was agreed that notes from each Panel meeting would be recorded and circulated to Panel members. Panel discussions will be used to construct a written report containing the advice of the Panel to the Chief Minister.

5. Any Other Business

None.

 _____________________________________________________________________

Independent Jersey Care Inquiry – Chief Minister's Advisory Panel Notes of Meeting held Friday 15th September 2017

Attendance:

Senator P.F. Routier, M.B.E. (Chair) Connétable M.P.S. Le Trocquer of St. Martin Deputy J.A. Martin of St. Helier

Apologies:

Deputy J.M. Maçon of St. Saviour

Agenda Item:

1. Welcome

• The Chairperson welcomed attendees and noted apologies. The Chairperson explained that Deputy R.J. Renouf of St. Ouen and Deputy L.M.C. Doublet of St. Saviour have now declined the Chief Minister's invitation to take part in the Advisory Group.

2. Discussion of Recommendation 1 – Children's Commissioner

• The Officer presented the Council of Ministers' discussion paper, which set out the options that were considered by the Council of Ministers ahead of their decision to invest in the Children's Commissioner role.
• General discussion amongst the Panel that the recruitment to this role was a good opportunity to continue to create a culture that is focussed on children and will assist in progressing the Island's commitment towards the UNCRC.
• The inclusion of an existing Children's Commissioner from Northern Island was seen as a positive development in assisting to get the right person for the job.
• Acknowledgment that the focus of the Children's Commissioner was on all children, not just those who are looked after.
• Specific points for the Chief Minister to consider are described in agenda item 4 below.

3. Discussion of Recommendation 2 – Children's Voice

• The Officer presented a key facts paper, by UNICEF, which focused on the participation rights of children as described in the United Nations Children's Rights Commission.
• Specific points for the Chief Minister to consider are described in agenda item 4 below.

4. Key Messages for Chief Minister

The Independent Jersey Care Inquiry – Chief Minister's Advisory Panel identified the following key points, which it would like to the Chief Minister to consider.

Children's Commissioner

• Careful  thought  needs  to  be  given  to  the  relationships  between  existing external/independent advisers to the Chief Minister. In particular, the Jersey Care Commissioner and the Chair of Safeguarding Partnership Board.
• Consideration should be given to developing a Memorandum of Understanding to support the development of the Children's Commissioner role whilst it remains in a shadow form and supporting Regulations are being developed.
• The Children's Commissioners in England and Wales are allocated significant resources. It will be important for the Jersey Children's Commissioner to develop a realistic costed work plan following appointment and taking up the post. This will assist in adjusting the Commissioner's function to the Island's population.

Children's Voice

• The Advisory Panel acknowledged the challenges behind the Care Inquiry proposal for  the  Chief  Minister  to  visit  Children's  Homes  as  part  of  his  corporate responsibility.
• Based on the previous experience of members of the Advisory Group, they did feel that meeting with young people themselves would be a direct way of listening to the lived experience of children who are in care.
• The Advisory Panel encouraged the Chief Minister to find a process/approach to developing  a  rapport  with  children  in  care  whereby  the  status  of  the  Chief Minister's Office' is reduced enough to allow views to be exchanged in an open and safe environment.
• The Advisory Panel felt that it should not just be the Chief Minister who should be demonstrating his corporate responsibility to looked-after children. The Panel felt that a wider responsibility should be placed on all Members of the Assembly, and that an appropriate way of enabling those Members should be found for them to meet their corporate parent role.

• The  Advisory  Panel  was  supportive  of  the  idea  of  a  Youth  Council.  It  was acknowledged  that  the  current  Youth  Parliament  lacked  inclusion,  and  initial impetus had reduced as young people who were involved initially had moved on to University.
• Getting a better understanding of Youth matters' from young people themselves was viewed as a positive development.
• The Advisory Panel would encourage the Chief Minister to explore the possibility of any Youth Council using the Assembly building.
• In the event of a Youth Council (or something similar) being implemented, the Advisory Panel felt that there may be opportunities for Members of the Assembly for mentoring or supporting those young people who sit on a Youth Council, to share their experiences in debating, public speaking, etc.

 _____________________________________________________________________

Independent Jersey Care Inquiry – Chief Minister's Advisory Panel Notes of Meeting held Wednesday 25th September 2017

Attendance:

Senator P.F. Routier, M.B.E. (Chair) Connétable M.P.S. Le Trocquer of St. Martin Deputy J.A. Martin of St. Helier

Deputy J.M. Maçon of St. Saviour

Agenda Item:

1. Welcome

• The  Chairperson  welcomed  attendees.  The  Chairperson  gave  guidance  to officers with regard to the previous agenda and briefings, and how they should be set out.

2. Discussion of Recommendation 3 – Inspection Services

• The  Officer  gave  an  overview  of  the  development  of  the  Jersey  Care Commission  and  its  relevance  to  the  Care  Inquiry's  recommendation  on independent Inspection of services for children.
• The Panel requested a meeting with the Jersey Care Commissioner to gain a better understanding of the Care Commission's business and function. Key questions include –

• How inspections are scoped and implemented
• Unannounced versus announced
• Future role of Independent Board of Visitors to children's homes
• Relationship  between  Children's  Commissioner,  Independent Safeguarding  Chair,  Children's  Commissioner  and  Charities Commissioner
• Role of Care Leavers in inspection.

3. Discussion of Recommendation 4 – Sustainable Workforce

• The Officer gave an overview of the key issues relating to establishing a sustainable  workforce,  and  identified  the  key  points  in  the  Care  Inquiry recommendation.
• The Panel requested further information on the approaches being taken to establish a sustainable workforce from the following officers –

• Susan Devlin: Hackney Model and partnership working with Probation Service
• Tony Riley: clarifying attempts to understand (via exit interviews, etc.) any underlying concerns from those who have left the service
• Ricard Jouault: Update and timeline on work of the Strategic Housing Unit with regard key worker accommodation.

4. Key Messages for Chief Minister

• More information was needed by the Panel in order to develop and advise the Chief Minister with regard to Recommendation 3 and Recommendation 4.

5. Date of Next Meeting: 2nd October: 15.00 – 16.00.

 _____________________________________________________________________

Independent Jersey Care Inquiry – Chief Minister's Advisory Panel Notes of Meeting held Monday 2nd October 2017

Attendance:

Senator P.F. Routier, M.B.E. (Chair) Connétable M.P.S. Le Trocquer of St. Martin Deputy J.A. Martin of St. Helier

Apologies:

Deputy J.M. Maçon of St. Saviour

Agenda Item:

1. Welcome

• The Chairperson welcomed attendees. Apologies were received from Deputy J.M. Maçon of St. Saviour .

2. Consideration  of  Officer  updates  in  relation  to  Recommendation 4 (Sustainable Workforce)

• The Panel reviewed the written submissions from officers and identified the following advice to the Chief Minister in relation to Sustainable Workforce.

• Key Worker Accommodation –

• Acknowledged that finding affordable accommodation is an important part of recruiting and retaining staff
• Policy development to make it easier for key workers to buy affordable housing would need to consider implication for other workgroups and the wider demand on housing from domicile population
• Key worker accommodation should be developed and managed by Andium Housing
• All key worker accommodation should meet the decent home standard
• Stock specifically for key workers should be allocated by Andium according to an agreed policy and procedure.

• Training and Development –

• Establish a recruitment strategy as a priority
• Work to develop an on-Island social work training to enable local residents to have access onto a social work career pathway
• Encourage SEB to review the discrepancy in reimbursement, terms and conditions between Probation Workers and Social Workers.

• Fostering Service –

• The review of the Fostering Service needs to happen as a matter of urgency. The Panel acknowledged that previous timelines for review of this service have been too long with little apparent improvement.

• A meeting with the Children's Commissioner is scheduled for 3rd October, and the Panel will consider its advice following the meeting.

2.  Discussion of Recommendation 5 – Regulation

• The officer gave an overview of Recommendation 5 and a summary of the Care Inquiry findings described within it.
• The Panel put forward the following advice to the Chief Minister for his consideration –

• Further to the appointment of a Children's Commissioner and the subsequent decision to support P.63/2017, the Panel would advise the Chief Minister to work with the Children's Commissioner to review the incorporation of UNCRC into domestic legislation.
• The  Panel is  of the  view that if incorporation was to be  thought favourable, then this would form an important part of the legislative schedule described in the Care Inquiry Recommendation 5.

5.  Date of Next Meeting: 13th October: 15.00 – 16.00.

 _____________________________________________________________________

Independent Jersey Care Inquiry – Chief Minister's Advisory Panel Notes of Meeting held Friday 13th October 2017

Attendance:

Senator P.F. Routier, M.B.E. (Chair) Connétable M.P.S. Le Trocquer of St. Martin Deputy J.A. Martin of St. Helier

Deputy J.M. Maçon of St. Saviour

Agenda Item:

1. Welcome

• The Chairperson welcomed attendees.

2. Discussion of Recommendation 6 – Corporate Parent

• The Officer gave an overview of the Care Inquiry's recommendation.
• The Panel was updated on the work of the PPC and its plan to complete and finish a piece of work that reviews and describes the duties' as identified in the current Oath taken by Members at the start of their term of Office. This work will be brought forward in a proposition in December 2017.
• The Officer gave an update on the revision of a Children's Plan which was identified by the Care Inquiry as a crucial enabler of joint planning and service improvement.
• It was acknowledged that the previous Children and Young People's Strategic Framework did not deliver the level of joint planning previously envisaged.
• The Panel felt it was important to understand what has changed' if a revised plan was to have a better outcome for children.

3. Discussion of Recommendation 8 – Legacy Issue

• The Officer gave an overview of the Care Inquiry's recommendation.
• The Panel endorsed the Care Inquiry's recommendations to Archiving.
• The Panel felt that it was important that an open and participative approach should be used to identify a lasting memorial.
• The Panel were supportive of a Public Consultation regarding the future of Haut de la Garenne.

4. Review of draft Report in response to the IJCI

• Panel members reviewed the report, made a number of amendments, and suggested clarifications to the reports contents.
• The Panel were able to endorse the contents of the draft report.

• The Panel agreed to attend the forthcoming Council of Ministers meeting to discuss the report.
• The Chair thanked the Panel for their deliberations and formally closed the Panel as it had completed the task as set out in its terms of reference.

 _____________________________________________________________________

Independent Jersey Care Inquiry – Chief Minister's Advisory Panel Notes of Meeting held Friday 23rd October 2017

Attendance:

Senator P.F. Routier, M.B.E. (Chair) Deputy J.A. Martin of St. Helier Deputy J.M. Maçon of St. Saviour

Apologies:

Connétable M.P.S. Le Trocquer of St. Martin

Agenda Item:

1. Welcome

• The Chairperson welcomed attendees.

2. Final Amendments – Care Inquiry Response

• Following  the  Council  of  Ministers'  meeting  on  18th  October,  the  Panel reviewed the Care Inquiry Response and the proposed amendments.
• Amendments to Recommendations 2, 6 and 8 were approved by the Panel.
• Amendments  to  Recommendation 7  were  altered  to  reflect  the  onus  on government to address the underlying challenges of public perception, which include openness, transparency and accountability across government.

3. Future Meetings

• The Chief Minister requested the Panel to continue to advise him on the response to the Care Inquiry on an ongoing basis.
• The Panel agreed in principle to continue to provide an advisory role to the Chief Minister on the response to the Care Inquiry. The Panel Chairperson agreed to review the terms of reference of the group and circulate revised meeting dates following the States Assembly debate on the Inquiry response.

APPENDIX 3 SEPARATION OF POWERS ADVISORY PANEL – TERMS OF REFERENCE Independent Jersey Care Inquiry – Recommendations Advisory Panel

Separation of Powers

Terms of Reference

In response to the Final Report of the Independent Jersey Care Inquiry, the Chief Minister has established an Advisory Panel ("the Panel") to support the development of detailed responses to the Inquiry's Recommendation 7. This refers to recommendations made in the Clothier and Carswell Reports with respect to, for example, the separation of powers and establishment of an Ombudsman to hear and determine complaints of maladministration  by  Departments.  Responses  are  to  be  brought  forward  for consideration by the States Assembly by the end of October 2017.

The Chair of the Panel will be the Deputy Chief Minister, Senator A.K.F. Green, M.B.E. The Membership of the Panel is –

• Senator P.F.C. Ozouf
• Deputy M. Tadier of St. Brelade
• Deputy S.M. Bree of St. Clement
• Deputy R.D. Johnson of St. Mary .

The Panel will provide –

• advice to the Chief Minister on the actions to be taken in order to implement Recommendation 7;
• a constructive check and challenge to officers on proposed draft responses to the recommendations.

The Panel will generally meet monthly. Minutes will be taken and circulated to the Panel within one week of the meeting.

The secretariat to the Panel will be provided by the Department for Community and Constitutional Affairs.

COUNCIL OF MINISTERS COMMUNITY POLICY SUB-GROUP: TERMS OF REFERENCE

The Ministerial Community Policy Sub-Group is established by the Council of Ministers as a sub-group of the Council of Ministers. Its roles and responsibilities are delegated to it by the Council of Ministers.

Aim

The Ministerial Community Policy Sub-Group will seek to ensure that Jersey is a great community in which to live, grow up and belong.[1]

Function

The Ministerial Community Policy Sub-Group will provide and support clear leadership and decision-making across, and amongst, Departments, agencies and other States- funded services. In particular, the Group will provide –

1. oversight of the development of relevant policy, strategy and legislation; and
2. oversight and review of implementation of relevant policy, strategy and legislation.

Relevant policy, strategy and legislation includes that which will impact on the well- being or quality of life of people living in our community (i.e. social policy) where –

• that policy, strategy or legislation has an impact on the official responsibilities of more than one Minister; or
• that policy, strategy or legislation does not accord with the policy objectives of another Minister.

The Ministerial Community Policy Sub-Group will also provide a forum through which any Minister considering that a matter is brought before CoM can discuss that matter with relevant Ministers, in advance of CoM, in order to resolve any policy tensions, trade-offs or similar challenges. This is regardless of whether the proposing Minister is a member of the Group (Para. 7, Code of Conduct).

Role and responsibilities of members

Ministers and Assistant Ministers who are members of the Ministerial Community Policy Sub-Group will have joint ownership of the ministerial policy group agenda. They will work together to –

1. make decisions about social policy, strategy and legislation matters, including setting the goals;
2. solve problems and remove obstacles that affect the ability of others to –

• deliver against agreed goals
• ensure cohesive and effective services

• deliver  the  aspirations  and  commitments  of  key  plans,  strategies  and treaties;18

3. ensure  they  are  informed  about  what  is  happening  and  why,  through questioning, constructive challenge and seeking information and advice from internal and external experts;
4. ensure others are informed about what is needed and why by, for example, providing  information  and  advice  and  responding  to  consultations  and proposals;
5. consider external reviews, inquiries or inspections that impact on agreed goals; and where a government response is required, as distinct from a departmental response, provide an appropriate response on behalf of the Council of Ministers;
6. support the establishment of plans, timelines and milestones, and stock-take to ensure continued momentum;
7. ensure that public services and Departments operate in a way which continues to support agreed implementation of relevant policy, strategy and legislation;
8. make funding allocation decisions, on behalf of the Council of Ministers, where the Council or States Assembly have agreed to make funding available for relevant multi-departmental initiatives19; ensure appropriate governance of such funding (Note: this does not include making decisions on operational or funding matters which are the responsibility of others in the executive.);
9. ensure they act as corporate parents.

Whilst Ministers will act collaboratively to discharge their role and responsibilities as a member of the Ministerial Community Policy Sub-Group, each Minister still retains their own statutory obligations as set out in Law.

Sub-groups

The Ministerial Community Policy Sub-Group will be responsible for establishing relevant sub-groups (standing and/or start-finish groups) in order to address particular issues or areas of work. The sub-groups, which will span the social policy agenda, will provide a mechanism through which detailed scrutiny or consideration can be provided to a particular issue, prior to consideration and decision-making by the core Ministerial Community Policy Sub-Group.

Sub-group members can include Ministers and/or officers and/or external experts and advisers  as required by Ministers.  Sub-groups  may then have  associated working groups.

Each sub-group will have its own terms of reference clearly setting out its aim, roles and responsibilities and intended outcomes.

The outline structure, as set out above, provides examples of those sub-groups which will include, for example –

18 To include, for example: Jersey Independent Care Inquiry, Children and Young Persons

plan, UNCRC.

19 For example, the release of £1.65 million contingency monies in MTFP2 for vulnerable

children's initiatives.

1. Children's Plan policy group with responsibility for political oversight of the development and delivery of a Children's Plan for Jersey. The Children's Plan –

• will underpin our strategic objectives for children and young people
• incorporate the Care Inquiry recommendations
• be developed in partnership with all relevant stakeholders

2. Child and adult protection oversight sub-group with responsibility for ensuring political oversight with regard to protection and safeguarding, including –

• formally receiving Serious Case Reviews (SCR)
• considering and adopting relevant recommendations
• holding services to account for delivery of recommendations
• holding the multi-agency safeguarding partnership board to account for delivery against agreed priorities, as set out in the Board's annual report.

3. The Child and adult protection sub-group will include a Connétable as a representative of the Comité.
4. Early years and childhood partnership group (tbc).
5. Drugs and Alcohol Action Team.

Agenda and agenda planning

Ministers and their Chief Officers will be responsible for bringing forward matters which are relevant to the aim and functions of the ministerial group and/or its sub- groups.

The Chief Minister, as Chair:

• may, in consultation with the relevant Minister, decide that a proposed agenda item should, or should not be, considered at the Ministerial Policy Group;
• may request any Minister, regardless of whether they are a member of the Ministerial Policy Group, to bring forward any particular item which the Chief Minister believes should be considered at the Ministerial Policy Group.

Membership Ministerial members

• Chief Minister (Chair)
• Minister for Health and Social Services
• Minister for Home Affairs
• Minister for Housing
• Minister for Social Security
• Minister for Education
• Assistant Chief Minister with special responsibility for social policy.

Where a Minister cannot attend, an Assistant Minister can attend in their place.

(Note: CoM will be asked whether a representative of the Comité des Connétable s should be a member of the Community Group. Any decision in regard to Comité representation should be reflected in CoM membership and membership of other CoM sub-groups.)

Officer attendees

• Chief Officer, Health and Social Services
• Chief Officer, Education
• Chief Officer, Community Constitution Affairs
• Chief Officer, Social Security.

Where officers cannot attend, a delegate will attend in their place. Non-members but with right to address when relevant matters arise

• Children's Commissioner (Note: pending recommendations and decisions regarding role)
• Chair, Jersey Care Commission
• Chair, Safeguarding Boards
• Charity Commissioner.

Note: Both the Children's Commissioner and the Chair of the Jersey Care

Commission, as part of their terms of reference, will be required to ensure that they listen to the voices of children and the voices of service users, families and friends. Their contribution to the Ministerial group will include championing those voices.

Others to be invited to attend for specific items as required. This will include, for example –

• key advisers such as the Medical Officer of Health, and the Chair of the Safeguarding Partnership Boards
• States of Jersey Police, Jersey Probation and After-Care Service, Departmental operational and policy officers.
• In addition to attendees for specific items:

Executive Officer and secretariat function

Director, Social Policy, Department for Community and Constitutional Affairs.

Meeting cycle

• It is anticipated that, in the initial post-Care Inquiry reporting stages, the Community Ministerial Group may be required to meet on a 6-weekly basis; however, at the point at which key post-Care Inquiry planning has been undertaken, Ministerial meetings should not be required more than bi-monthly (2 hours with meetings to be cancelled if no substantive agenda items).
• Key officers will meet approximately 2 weeks prior to each meeting in order to discuss proposed agenda items and matters arising.

CARE OF CHILDREN IN JERSEY SCRUTINY REVIEW PANEL: PRESS RELEASE

"The Chairman's Committee has established a Review Panel to examine the policies, legislation and actions of the Council of Ministers as a result of the recommendations made in the Independent Jersey Care Inquiry (IJCI).

The report by the IJCIPanel into the abuse of children in the Island's care system over many yearswaspresented on Monday 3rdJuly2017.

The Inquiry's 15 Terms of Reference dealtwith matters between 1945 and the present day. As relayed on the Inquiry website, evidence was heard from more than 450 people who had lived in the care system or were otherwise connected to it. The Panel held 149 days of public hearingsandalsosawmore than 200 witnesses. Itconsideredmore than136,000 documents. The experience of children within the care system was at the heart of the Inquiry's work.

The  final  report  identified  individual  and  systemic  failings  and  made  8 core recommendations for the futuremanagement and operation ofJersey's residential and foster homesto ensure the Island provides a safe and secure environment for the children in its care. Furthermore it relayed (and backed) 659 recommendationsput forward by individuals or stakeholder organisations in Jersey, which it grouped into 11 themed categories.  The  Review  Panel  has  been  established  to  ensure  that  these recommendations are implemented fully and that any proposals put forward to achieve them are adequately examined.

The Panel's Terms of Reference for the review are as follows:

1. To examine the policy of the Council of Ministers in relation to the eight core recommendations made by the Independent Jersey Care Inquiry Panel (IJCI).
2. To consider the recommendations contributed to the Care Inquiry by members of the public and stakeholder organisations in Jersey (659 individual recommendations grouped into 11 categories by the Care Inquiry Panel) and examine the policy of the Council of Ministers to those matters.
3. To scrutinise  all  legislation  arising  from  the  recommendations  made  by  the Independent Jersey Care Inquiry.

Deputy Sam Mézec , Chairman of the Panel, said: "Ensuring that the recommendations put forward in the Independent Jersey Care Inquiry are implemented is a major priority for both current and future States Assemblies. The Review Panel will examine policy, legislation  and  other  actions  of  the  Council  of  Ministers  as  a  result  of  the recommendations to ensure that what is being proposed is fit for purpose and helps to improve the care of children in Jersey."

APPENDIX 6

COUNCIL OF MINISTERS CONTINGENCY MADE AVAILABLE FOR IMMEDIATE COSTS

APPENDIX 7

Financial Summary Indicative Costs – Initial Response to the Care Inquiry

APPENDIX 8

BALANCE SCORE CARD

Responding to Care Inquiry – Monthly Progress Report

Actions by progress

Actions by recommendation and progress

Page - 51

P.108/2017

Progress on actions for each recommendation