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Letter - CEHA to Minister for Children and Education re P.2-2024 - 12 February 2024

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States Greffe

Connétable Richard Vibert

Minister for Children and Education

BY EMAIL

12th February 2024

Dear Minister,

Children and Young People (Jersey) Commencement Act 202- (P.2/2024)

The Children, Education and Home Affairs Scrutiny Panel (the ‘Panel’) has noted the lodging of P.2/2024 which is scheduled for debate by the States Assembly on 19th March 2024 and, if approved, will see the Children and Young People (Jersey) Law 2022 (the ‘CYP Law’) come into force 7 days after the Commencement Act is made.

In order to inform the Panel’s scrutiny of the proposition, we would be grateful if you could provide written responses to the following queries:

  1. The CYP Law puts specific duties onto the “Minister for Children and Education” and that Minister is named as a “Responsible Minister” in the CYP Law. As the intention to split the Ministry has been announced by the new Government, please could you clarify:
  1. how the CYP Law and accompanying statutory guidance will be adjusted to reflect the change; and
  2. the timescale for the change.
  1. Please could you explain how the statutory guidance (published as R.7/2024) has been developed and include some details in your response about how often it will be reviewed?
  2. Please could you explain how the Children and Young People Safeguarding Arrangements report (published as R.8/2024) has been developed and include some details in your response about how often it will be reviewed?
  3. Is youth-friendly information available about the objectives of the CYP Law and information about any changes it will create? Please provide details about how the information can be publicly accessed, and any future plans for development.
  4. Please could you confirm the level of training / qualifications / expertise on safeguarding children and young people that is required by the Safeguarding Partners (Accountable Officers) and Responsible Ministers named in the CYP Law?

a.  Please could you provide details of the level of qualification / training held by the current Safeguarding Partners and Responsible Ministers.

  1. Please could you confirm the level of training / qualifications / expertise on safeguarding children and young people that is required by staff in relevant Government departments?

a.  How is this monitored?

  1. Please could you confirm Government support available to help Corporate Parents (as listed in the Schedule of the CYP Law) understand their responsibilities and implement any changes required as a result of the CYP Law.

a.  What engagement and feedback has Government had with all listed Corporate Parents in preparation for the Commencement Act?

  1. What is the status of the Regulations for independent advocacy?

a.  Have the arrangements for advocacy been developed in line with the overriding objectives of the Law?

  1. What is the status of the Regulations and written procedure for complaints for children in care and care leavers? Where possible, please provide further details of how these are being developed.
  2. Has there been an assessment of the funding implications of the statutory guidance, including the implications for third sector organisations? If so, please could you provide details of the assessment.

a.  Is any Government funding available to support Corporate Parents and relevant providers with new duties?

  1. The Financial and staffing implications section of the report accompanying P.2/2024 references £6.54 million of funding per year approved by the 2023-2026 Government Plan for Children’s Social Care Reform. In relation to that funding, the Panel’s review of that Government Plan (see S.R.21/2022) found that “whilst the high-level priorities and workstreams have been identified, there is further clarity required on the underlying detail and measurable outcomes for the programme”. Please can you provide details of how the Children’s Social Care Reform programme has created new and improved ways of working in preparation for the commencement of the CYP Law?
  2. What are the financial and staffing implications across other Government teams and departments (i.e. not in Children’s Social Care)?
  3. Please can you provide your assessment of how the Commencement Act for the CYP Law will impact Children’s Rights in Jersey.

The Panel looks forward to your formal response and would request this is received by 19th February 2024. Please direct any response or queries to the Panel through our Committee and Panel Officer, Katherine de Carteret by email at k.decarteret@gov.je and Research and Project Officer, Joseph Brannigan by email at j.brannigan@gov.je.

Yours sincerely,

Deputy Catherine Curtis

Chair

Children, Education and Home Affairs Scrutiny Panel