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Approved Panel Minutes - Care of Children in Jersey Review Panel - 2020

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Care of Children in Jersey Review Panel

Records of Meetings

Year: 2020

The following records of meetings have been approved by the Panel. Signed

Chairman

Deputy Rob Ward

Date:  20th January 2020

 

Present

Deputy Rob Ward , Chair

Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Louise Doublet

Deputy Mike Higgins

Apologies

 

Absent

 

In attendance

Senator Sam Mézec , Minister for Children and Housing [items 2 and 3 only] Andrew Heaven, Director Children's Policy [items 2 and 3 only]

Ruth Johnson , Director Social Policy [items 2 and 3 only]

Kate Roberts, Senior Policy Officer [items 2 and 3 only]

Andy Harris , Committee and Panel Officer

 

Agenda matter

Action

1.  Records of Meetings

The Review Panel noted and approved the record of the meeting held on 9th December 2019.

 

2.  Briefing on implementation of Recommendation Seven (The Jersey Way') of the Independent Jersey Care Inquiry

The Review Panel received Senator Sam Mézec , Minister for Children and Housing, Andrew Heaven, Director Children's Policy, Ruth Johnson , Director Social Policy and Kate  Roberts,  Senior  Policy  Officer  for  a  briefing  to  discuss  the  work  being undertaken  by  the  Government  to  respond  to  recommendation  seven  of  the Independent Jersey Care Inquiry (IJCI).

It was noted by the Director for Social Policy that the Review Panel's previous update report  (S.R.12/2019)  concluded  that  a  review  into  the  implementation  of recommendation seven was required. The briefing was therefore designed to provide further information about ongoing work in order to assist the Review Panel in its work. It was explained that there were currently several work streams in train which sought to improve trust and confidence in government. These included:

  • A new complaints policy and procedure for the Government of Jersey which had recently been implemented
  • The introduction of E-Petitions through the States Assembly website
  • Changes to elections, how they were administered and how the public were engaged in them
  • Establishing an office for a Public Services Ombudsman

It was noted that the consultation on the proposed Public Services Ombudsman had concluded in October 2019 and the consultation summary report was being prepared by the Legislation Advisory Panel. It was explained that the Chief Minister would be required to sign off the report prior to publication. The Review Panel agreed to

 

 

question the Chief Minister on his intention to publish the report and requested the Officer to draft questions to be asked during the next questions without notice session for the Chief Minister.

The Review Panel discussed its upcoming review on Redress and Accountability Systems in Jersey and agreed that it would arrange a further meeting with the Minister and Officers in order to discuss the review in detail.

AH

3.  Briefing – Omnibus Amendment to the Children's Law

The Review Panel received Senator Sam Mézec , Minister for Children and Housing, Andrew Heaven, Director Children's Policy, Ruth Johnson , Director Social Policy and Kate  Roberts,  Senior  Policy  Officer  for  a  briefing  on  the  proposed  Omnibus amendments to the Children's (Jersey) Law 2002. The record of this meeting is classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.  

 

4.  Redress and Accountability Systems in Jersey Review

The Review Panel noted that the scoping document and Terms of Reference for the review had been approved by the Scrutiny Liaison Committee.

A document was circulated which set out the next steps for the review prior to its official launch. The Review Panel agreed that it would be beneficial to meet with key stakeholders prior to the launch of the review in order to highlight its purpose and also address any concerns raised by stakeholders. It was agreed in the first instance that the Review Panel would write to all stakeholders to inform them of the Terms of Reference and offer the invitation of a meeting to discuss the review.

The Review Panel agreed to add the Privileges and Procedures Committee to the list of stakeholders that it would write to and meet with to discuss the review.

AH

5.  Response to the Care Inquiry: Update Report – November 2019

The Review Panel noted and discussed the Ministerial Response to its report S.R.12/2019 Response to the Care Inquiry: Update Report – November 2019.

It was observed that the Minister for Children and Housing had rejected three of the Review Panel's recommendations, however, it was felt that little detail had been provided to justify their rejection. The Review Panel agreed to request further detail from the Minister in order to clarify its concerns.

AH

6.  Government Plan Review

The Review Panel noted and discussed the Ministerial Response to its report S.R.13/2019 Scrutiny of the Government Plan 2020-2023.

The Review Panel was pleased to note that the Minister for Children and Housing had either accepted or partially accepted all of the recommendations made in the report. It was agreed that this would be discussed further at the next scheduled meeting.

AH

7.  Capturing the Voice of the Child

The Review Panel noted that it was due to meet with Dr. Cathy Hamer at 9:00am on Friday 24th January in order to receive a presentation on how it may best capture the voice of the child within the scrutiny process.

 

8.  Future Meetings

The Review Panel noted that its next scheduled meeting was due to take place at 10:30am on Monday 3rd February in the Le Capelain Room, States Building.

 

Date:  24th January 2020

 

Present

Deputy Rob Ward , Chair

Deputy Kevin Pamplin, Vice-Chair Deputy Louise Doublet

Deputy Mike Higgins

Apologies

Deputy Trevor Pointon

Absent

 

In attendance

Dr. Cathy Hamer, Chair, Best Start Partnership Andy Harris , Committee and Panel Officer

 

Agenda matter

Action

 

Dr. Hamer explained that Article 12 of the United Nations Convention on the Rights of the Child (UNCRC) was fundamental when considering how best to capture the voice of the child. Article 12 made it a right for children to have their say and have their opinions taken into account by adults when making decisions that affected them. It was explained that this also gave recognition that the level of a child's participation in decisions must be appropriate to the child's level of maturity, that children were not mere passive recipients of care but had an active interest in decisions that affected them and that as rights holders' children were entitled to express their views. It was noted that young children made choices and communicated their feelings, ideas and wishes in numerous ways long before they were able to communicate through written or spoken conventions. It was noted that this was a fundamental acknowledgement when considering how best to capture the voice of children at various stages of their development.

It was explained that for children being listened to was about more than simply having that right. It was explained that children were experts in their own lives and were also skilful communicators. Communication was noted as the means through which relationships were developed, thoughts and feelings expressed, choices made and ultimately  how  children  participated  in  society.  The  benefits  of  meaningful participation as a two-way process where views could be freely expressed and heard were explained as follows:

 

 

 

Dr. Hamer observed that the scrutiny process had a role to play in capturing the voice of the child. It was suggested that the two key roles were to ensure that children's voices were heard and also that their lived experience was understood. It was explained that the extent to which children and young people's voice was captured could occur at different levels:

Individual – this was noted as the extent to which children and young people's voices weres valued, listened to, heard and acted upon as part of their journey through the system. This was in order to build both the professionals' understanding of lived experience and the influence over and participation in decisions which affected them.

Service Development - this was noted as the extent to which children and young people participated in or could influence the planning, design, delivery, monitoring and/or evaluation of services as a result of the expertise they had as a result of their experiences.

Strategic Level - this was noted as the extent to which children's participation was embedded into the aims and values of organisations and then reflected in plans, strategies, policy, workforce and performance management systems.

Dr.  Hamer  explained  that  from  a  scrutiny  perspective  it  was  best  to  focus predominately on the individual and service level.

Individual Level

It was explained that from an individual level, children generally wanted the following from professionals working with them:

A child centred approach which;

  • Placed empathy and understanding on how the child felt about disclosing
  • Consideration of family relationships and not just speaking to older siblings
  • Involving them in activities
  • Offering a range of ways to communicate that were informal, creative and accompanied by other activities
  • To find out the child's preferences and specific needs using facilitators or alternative communications methods where needed

 

Constructive support which:

  • Offered advice and suggestions without forcing opinion
  • Gave information and explanations that were honest, in writing or verbal
  • Allowed for professionals to keep in touch and stick with the child over time
  • Helped with sorting out problems and also got on with the important things

It was noted that the qualities which assisted this process were:

  • Trust – assisted by consistency, honesty and reliability.
  • Caring,  understanding,  knowledgeable,  hard  working  and  available, accessible, culturally competent, positive and fun.

Dr. Hamer outlined some of the key issues to consider when dealing with vulnerable children or those who may have additional needs. It was explained that issues such as a traumatic experience, separation or grief and insecure attachments were among a number of factors to consider when deciding how best to listen to the child. Specific ways of communicating could include, life story work through a range of creative play, use of persona dolls to explore feelings and by providing genuine choices on everyday opportunities. In relation to children with additional needs it was explained that some of the key issues to consider included what was the child's usual method of communication, who knew the child well and what information was already available.

It was explained that there were different approaches that could be used in order capture the voice of the children including child conferencing, cameras (to allow the child to express themselves through pictures) and by supporting children using alternative  forms  of  communication  such  as  gestures,  symbols,  painting  or  a communication passport which gave information on that child or young person.

Dr. Hamer suggested that the following top-tips' for listening or taking evidence could be utilised within the scrutiny process:

  • Stop, look and listen and use all of the senses (noting that observation is key).
  • Start from where the child was – their physical level (the child's eye view), the words they used and their preferred means of communication
  • See the child as the expert
  • Provide information/explanations and genuine choices (e.g. play based and child centred) always allowing the opportunity to opt out at any time
  • Recognising the importance of initial responses to children trying to share a concern as they may only try once.

Service Level

Dr. Hamer explained a proposed manner in which the scrutiny process could capture the voice of the child at a service level. It was identified that the scrutiny process could assess the level to which services for young people were capturing the voice of the child by developing a set of standards to measure this. It was suggested that the following exampled could be considered within any standards:

  • Whether there was a culture of listening to children which was reflected in visons, values and plans
  • Whether there were inclusive structures for a range of children's voices to be heard
  • Participation by children was acknowledged and rewarded

 

  • Adults were skilled in engaging, in listening and responding to children and developing children's skills to contribute meaningfully
  • Children had the opportunity to get to know decision-makers
  • The impact of participation on the organisation and children's lives was measured and recorded.

It was suggested that existing tools such as Let's Listen' and Hear by Right' could serve as a starting point for developing these standards. Dr. Hamer explained that there were a number of approaches that could be considered when seeking to capture the voice of the child at services level including the RAMPS framework, the Listening Cycle and utilising checklists for participation. The following standards for the participation of children in care were also suggested:

  • Social workers should prepare to engage with the child, understanding the child's age, ability and any additional needs
  • Tools to support the child to communicate should be considered on the basis of the above
  • Children should be offered an independent advocate
  • Children were seen alone, and if not, there was a clear rationale for why
  • Children should have the opportunity to prepare themselves
  • The range of ways in which children express themselves were considered
  • The interaction between parent/child was taken into account
  • Other professionals were consulted on the child's views, wishes and feelings including non-verbal presentation
  • Children were invited to their reviews and understand the purpose, who would be there and offered a range of way that they could have their voice heard
  • There was an understanding of why', if a child did not attend
  • Children had a copy of their plan and assessment
  • The child's voice should be included in all documents.

It was noted that recognition of the importance of the journey to co-production was important. It was explained that there were three stages that culminated in co- production which were as follows;

  • Doing to' - Trying to fix people who were passive recipients of services through education and coercion.
  • Doing for' – engaging and involving people by informing, engagement and consultation
  • Doing with' – in an equal and reciprocal partnership through co-production and co-design.

Dr.  Hamer  then  presented  the  Review  Panel  with  an  example  of  positive  co- production that had been undertaken in the Bury Local Authority.

Best Start Partnership

Dr. Hamer provided further information on the work of the Best Start Partnership including its three main priorities which were as follows:

  • Priority One: Best Start for all: building strong foundations for children's futures by supporting all children in Jersey to flourish
  • Priority Two: Best Start Plus: achieving equity of outcomes for all children
  • Priority Three: Best Start Together: recognising the strength of children, families and services working in partnership to achieve the best possible outcomes for all children.

 

Dr. Hamer then presented the Review Panel with a recent example of a listening culture within a Jersey nursery and the outcomes of the research.

The Review Panel thanked Dr. Hamer for her presentation and agreed that it would be beneficial for her to present to the Scrutiny Liaison Committee in order that consideration could be given to how the principles could be applied across the scrutiny function.

AH

Date:  3rd February 2020

 

Present

Deputy Rob Ward , Chair

Deputy Kevin Pamplin, Vice-Chair Deputy Louise Doublet

Deputy Mike Higgins

Deputy Trevor Pointon

Apologies

 

Absent

 

In attendance

Andy Harris , Committee and Panel Officer

 

Agenda matter

Action

1.  Record of Meetings

The Review Panel noted and approved the record of the meeting held on 20th January 2020.

 

2.  Redress and Accountability Systems in Jersey Review

The Review Panel noted and agreed an updated version of its Terms of Reference as a result of discussions at its previous meeting.

The  Review  Panel  recalled  that  it  had  agreed  to  arrange  meetings  with  key stakeholders  in  order  to  discuss  the  purpose  and  objectives  of  the  review.  It discussed and agreed that it would meet with the Chief Minister and Chief Executive Officer, the Chair of the Comité des Connétable s, Chair of the Privileges and Procedures Committee and the Bailiff and Judicial Greffier. The Officer advised that letters would be sent informing the stakeholders of the Terms of Reference and requesting the meeting, after which meeting requests would be circulated.

AH

3.  Response to the Care Inquiry: Update Report – November 2019

The Review Panel noted additional questions arising from the Ministerial Response to its report S.R.12/2019 Response to the Care Inquiry: Update Report – November 2019. It was agreed that the Review Panel would submit the questions in writing to the Minister for Children and Housing and publish the response.  

AH

4.  Government Plan Review

The Review Panel reviewed the Ministerial Response to its report S.R.13/2019 Review of the Government Plan, Care of Children in Jersey Review Panel. It was noted that the Minister for Children and Housing had either accepted or partially accepted all of the Review Panel's recommendations.

 

5.  Membership of Education and Home Affairs Scrutiny Panel

Deputy Louise Doublet and Deputy Mike Higgins informed the Review Panel that they intended to join the Education and Home Affairs Panel in advance of the proposed addition of the Minster for Children to the remit of that Panel.

The Officer advised that the Greffier would be informed of the decision in order that their membership could be proposed at the next meeting of the States Assembly.

AH

 

6.  Future Meetings

The Review Panel noted that its next scheduled meeting was due to take place at 10:30am on Monday 17th February in the Le Capelain Room, States Building.

 

Date:  17th February 2020

 

Present

Deputy Rob Ward , Chair

Deputy Kevin Pamplin, Vice-Chair Deputy Louise Doublet

Deputy Mike Higgins

Deputy Trevor Pointon

Apologies

 

Absent

 

In attendance

Andy Harris , Committee and Panel Officer

 

Agenda matter

Action

1.  Record of Meetings

The Review Panel noted and approved the record of the meeting held on 20th January 2020.

 

2.  Redress and Accountability Systems in Jersey Review

The Review Panel recalled that it had agreed to meet with key stakeholders in order to explain the purpose and remit of the review prior to its official launch. It was noted that meetings with the Chief Minister, Minister for Children and Housing, Chief Executive of the States, the Bailiff , Judicial Greffier and Solicitor General (as Attorney General designate) had been arranged to date. It was noted that further meetings with the Chair of the Privileges and Procedures Committee and Chair of the Comité des Connétable s were still to be arranged.

The  Officer  advised  that  a  briefing  note  that  detailed  the  purpose,  remit  and objectives of the review would be circulated at each of the meetings.

AH AH

3.  Government Response to the IJCI Two-Year Report

The Review Panel noted the Government had published its response to the two-year report of the Independent Jersey Care Inquiry. The Review Panel requested a precis of the report that it would discuss at its next scheduled meeting in order to agree any follow up actions.

AH

4.  Care Memorial

The Review Panel noted that a Government news release launching the competition to design the memorial to survivors and victims of abuse had been negatively received on social media. The Review Panel agreed to monitor the response of the Minister for Children and Housing prior to undertaking any actions in response.

 

5.  Future Meetings

The Review Panel noted that its next scheduled meeting was due to take place at 10:30am on Monday 9th March in the Le Capelain Room, States Building.

 

Date:  27th February 2020

 

Present

Deputy Rob Ward , Chair

Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Apologies

Deputy Louise Doublet Deputy Mike Higgins

Absent

 

In attendance

Timothy Le Cocq , Bailiff of Jersey [item 1 only]

Mark Temple , Attorney General designate [item 2 only]

Sylvia Roberts, Director Civil Division, Law Officers' Department [item 2 only]

Andy Harris , Committee and Panel Officer

 

Agenda matter

Action

1.  Meeting with the Bailiff of Jersey

The Review Panel received Timothy Le Cocq , Bailiff of Jersey for a meeting to discuss its proposed review of redress and accountability systems in Jersey.

Noting the review intended to examine the complaints procedures, redress systems and accountability polices and procedures in the Court System (among the other branches of public administration), the Review Panel explained that the purpose of the meeting was to clarify the objectives and ensure key stakeholders were informed of the remit of the review prior to its official launch.

The Review Panel discussed the key objectives of the review and discussed ways in which it could collaborate with the Court system to gather information relevant to the review. It was noted that the Court system should remain independent of political interference  in  order  to  preserve  its  integrity.  It  was  also  agreed  that  any recommendations arising from the review in relation to the Court system should be developed in collaboration where possible.

The Review Panel thanked the Bailiff of Jersey for attending and looked forward to engaging with him further as the review progressed.

 

2.  Meeting with the Attorney General designate

The Review Panel received Mark Temple , Attorney General Designate and Sylvia Roberts, Director Civil Division, Law Officers' Department for a meeting to discuss its proposed review of redress and accountability systems in Jersey.

The Review Panel explained the purpose and remit of the review and noted that it would seek to establish the relevant complaints procedures, redress options and accountability systems within the Law Officers' Department.

It was noted that the purpose of the Law Officers' Department was twofold. Firstly, it acted as the Prosecution Service for the Island and secondly provided legal advice to Ministers and took cases representing Ministers to the Royal Court. It was suggested  by  the  Attorney  General  Designate  that  the  review  should  seek

 

 

information from the States of Jersey Police as to their working practices in respect of the focus of the review.

The Review Panel thanked the attendees and looked forward to engaging with the Law Officers' Department further as the review progressed.

AH

Date:  4th March 2020

 

Present

Deputy Rob Ward , Chair

Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Louise Doublet [items 2 and 3 only]

Apologies

Deputy Mike Higgins

Absent

 

In attendance

Connétable Deidre Mezbourian , Chair, Comité des Connétable s [item 1 only]

Sue De Gruchy, Secretary to the Comité des Connétable s [item 1 only] Advocate Adam Clarke, Judicial Greffier [item 2 only]

Deputy Russell Labey , Chair, Privileges and Procedures Committee [item 3 only]

Lisa Hart , Deputy Greffier of the States [item 3 only]

Andy Harris , Committee and Panel Officer

 

Agenda matter

Action

1.  Meeting with the Chair of the Comité des Connétable s

The Review Panel received Connétable Deidre Mezbourian , Chair, Comité des Connétable s and Sue De Gruchy, Secretary to the Comité des Connétable s for a meeting to discuss its proposed review of redress and accountability systems in Jersey.

Noting the review intended to examine the complaints procedures, redress systems and accountability polices and procedures in the Parish System (among the other branches of public administration), the Review Panel explained that the purpose of the meeting was to clarify the objectives and ensure key stakeholders were informed of the remit of the review prior to its official launch.

The Chair of the Comité des Connétable s raised questions in relation to the wording of the review's Terms of Reference which were clarified by the Review Panel, specifically the definition of the term officers' within Terms of Reference four. It was explained that within the parish system there were many different roles, some voluntary (e.g. Honorary Police), some elected by parishioners (e.g. Procureur du Bien Public) and some employed directly by the Parish (e.g. Parish Secretary). As this particular term of reference related to identifying how officers were held to account within the main arms of public administration, the Panel noted that this required further clarification. It was agreed that the Panel would amend the term of reference and include reference to staff and officials to provide clarity.

The Review Panel thanked the Chair and Secretary for attending and looked forward to engaging with the Comité further as the review progressed.

AH

2.  Meeting with the Judicial Greffier

The Review Panel received Advocate Adam Clarke for a meeting to discuss its proposed review of redress and accountability systems in Jersey.

 

 

The Review Panel explained the purpose and remit of the review and noted that it would seek to establish the relevant complaints procedures, redress options and accountability systems within the Court systems in the Island.

The Judicial Greffier noted terms of reference five which sought to establish any future work programmes within the arms of public administration to address the findings of the Independent Jersey Care Inquiry. It was questioned whether this meant the Review Panel would simply examine future work programmes or create them as a result of the findings of the review. It was explained that the latter interpretation was intended, however, the Review Panel agreed that it would change the wording to better reflect its intention.

The Review Panel thanked Judicial Greffier for attending and looked forward to engaging with him as the review progressed.

AH

3.  Meeting with the Chair of the Privileges and Procedures Committee

The Review Panel received Deputy Russell Labey , Chair of the Privileges and Procedures Committee (PPC) and Lisa Hart , Deputy Greffier of the States for a meeting to discuss its proposed review of redress and accountability systems in Jersey.

The Review Panel explained the remit and purpose of the review and noted that it would be seeking views from PPC in relation to the relevant complaints procedures, redress options and accountability systems for States Members and the States Assembly. It was suggested by the Chair of PPC that the Review Panel should also meet with the Commissioner for Standards and Chair of the States of Jersey Complaints Panel in order to gather their views on the processes currently in place. The Review Panel agreed that it would consult with them during the review process and requested that they be added as stakeholders on the scoping document.

The Review Panel thanked the Chair of PPC and the Deputy Greffier of the States for attending and looked forward to engaging with him as the review progressed.

AH

Date:  9th March 2020

 

Present

Deputy Rob Ward , Chair

Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Apologies

Deputy Mike Higgins Deputy Louise Doublet

Absent

 

In attendance

Andy Harris , Committee and Panel Officer

 

Agenda matter

Action

1.  Records of Meetings

The Review Panel noted and approved the records of the meetings held on the 17th and 27th February 2020.

 

2.  Redress and Accountability Systems in Jersey

The Review Panel recalled it had held meetings with a range of stakeholders to discuss the purpose and remit of the review. It was agreed that the meetings had been constructive and had established a clear line of communication with the relevant parties to help inform the review. It was noted that further meetings were planned  with  the  Minister  for  Children  and  Housing,  Chief  Executive  of  the Government of Jersey and Chief Minister.

The Review Panel agreed that it would proceed with launching the review on Monday 16th March. The Officer advised that a news release and communications plan would be drawn up for Panel approval, as well as letters to key stakeholders requesting information relevant to the review.

AH

3.  Government Response to IJCI Two-Year Report

The Review Panel noted a briefing paper outlining the Government's progress implementing the eight core recommendations from the Independent Jersey Care Inquiry (IJCI), as well as its response to the IJCI's two-year follow up report. It was agreed to defer discussion until the next meeting on Monday 23rd March.

AH

4.  Care Memorial

The Review Panel noted a petition which was seeking to overturn the decision to spend £200,000 on a memorial to survivors and victims of abuse in the Island. It was noted that the Minister for Children and Housing was intending to respond to the petition and the draft response had been shared with the Review Panel.

It was agreed that it would write to the Minster to obtain further clarification as to how the Government intended to engage and mediate with those disaffected by the decision to proceed with the memorial.

AH

5.  Future Meetings

The Review Panel noted that its next scheduled meeting was due to take place at 10:30am on Monday 23rd March in the Le Capelain Room, States Building.

 

Date:  10th March 2020

 

Present

Deputy Rob Ward , Chair Deputy Mike Higgins Deputy Trevor Pointon

Apologies

Deputy Kevin Pamplin, Vice-Chair Deputy Louise Doublet

Absent

 

In attendance

Senator Sam Mézec , Minister for Children and Housing

Charlie Parker, Chief Executive, Government of Jersey

Ruth Johnson , Head of Policy

Mark Owers, Director of Safeguarding and Care, Children's Services Andy Harris , Committee and Panel Officer

 

Agenda matter

Action

1.  Meeting with the Minister for Children and Housing and Chief Executive of the Government of Jersey

The Review Panel received Senator Sam Mézec , Minister for Children and Housing, Charlie Parker, Chief Executive, Government of Jersey, Ruth Johnson , Head of Policy and Mark Owers, Director of Safeguarding and Care, Children's Services for a meeting to discuss its proposed review of redress and accountability systems in Jersey.

Noting the review intended to examine the complaints procedures, redress systems and accountability policies and procedures in the Government of Jersey (among the other  branches  of  public  administration),  the  Review  Panel  explained  that  the purpose of the meeting was to clarify the objectives and ensure key stakeholders were informed of the remit of the review prior to its official launch.

The Review Panel discussed the key objectives of the review and discussed the types of evidence it would request as it progressed. It was questioned whether the Review Panel's Terms of Reference intended to address the governance of the Non- Ministerial Departments and arms-length organisations (ALO's). It was explained that whilst  there  was  no  specific  reference  to  these  organisations  in  the  Terms  of Reference it was expected that evidence would be collected during the course of the review to identify any ongoing efforts to improve governance in these areas.

The Review Panel thanked the attendees for attending and looked forward to engaging with them further as the review progressed.

 

2.  Redress and Accountability Systems in Jersey Review

The Review Panel received a draft document outlining its objectives for the review. It was noted that the objectives were essentially the Terms of Reference for the review presented in a more accessible manner. It was agreed that the objectives would be used in all external communications relating to the review. The Review Panel also agreed to circulate the changes to the Scrutiny Liaison Committee and send updated versions of the formal Terms of Reference to key stakeholders.

AH

Date:  23rd March 2020

 

Present

Deputy Robert Ward , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Louise Doublet

Deputy Mike Higgins

Apologies

 

Absent

 

In attendance

Andy Harris , Committee and Panel Officer

 

Agenda matter

Action

1.  Records of Meetings  

The Review Panel noted and approved the records of the meetings that took place on 4th, 9th and 10th March 2020.

 

2.  Redress and Accountability Systems in Jersey

The Review Panel agreed that it would pause the launch of its review in light of the ongoing Covid-19 situation. It was agreed that this decision would be revisited at the next scheduled Panel meeting on Monday 20th April 2020.

 

3.  Government Response to the Independent Jersey Care Inquiry Two-year report

The Review Panel noted a briefing paper and discussion guide relating to the Government of Jersey's response to the Independent Jersey Care Inquiry's two-year report on the progress implementing its eight core recommendations. Noting the ongoing situation relating to Covid-19, it was agreed that the Review Panel would pause all work in relation to this matter. It was agreed that this decision would be revisited at the next scheduled Panel meeting on Monday 20th April 2020.

 

4.  Care Memorial

The Panel agreed to pause its work relating to the proposed care memorial in light of the ongoing Covid-19 pandemic. It was agreed that this decision would be revisited at the next scheduled Panel meeting on Monday 20th April 2020.

 

5.  Future Meetings

The Review Panel noted that its next scheduled meeting was due to take place at 10:30am on Monday 20th April 2020 in the Le Capelain Room, States Building. It was agreed that given the ongoing Covid-19 situation, the Review Panel would pause all work until the 20th April 2020 when it would review the situation and agree whether to resume or not.

 

Date:  20th April 2020

 

Present

Deputy Robert Ward , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Louise Doublet

Deputy Mike Higgins

Apologies

 

Absent

 

In attendance

Andy Harris , Committee and Panel Officer

 

Agenda matter

Action

1.  Redress and Accountability Systems in Jersey

The Review Panel recalled that it had postponed the launch of its review, and all other aspects of its work programme in light of the Covid-19 outbreak. It was agreed that whilst it would not seek to launch the review at this time, the Panel would write to key stakeholders to establish their capacity to provide background information that would assist the review. The Officer advised that letters would be drafted and circulated for approval.

The Review Panel also agreed that it would keep a record of any issues raised during the Covid-19 outbreak that related to the review topic, for further consideration as the review progressed.

AH AH

Date:  11th May 2020

 

Present

Deputy Robert Ward , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Louise Doublet

Apologies

Deputy Mike Higgins

Absent

 

In attendance

Andy Harris , Committee and Panel Officer

 

Agenda matter

Action

1.  Redress and Accountability Systems in Jersey

The Review Panel recalled that it had written to key stakeholders in order to ascertain any capacity that they had to contribute information to the review. It was noted that no responses had been received to date. It was subsequently agreed that the Panel would follow this up if nothing had been received by the end of the week.

The Review Panel noted that it was in a position to launch the review when deemed appropriate, however, further consideration was required in relation to the form of the public call for evidence. It was agreed that reference should be made within the call for evidence to the protections afforded to witnesses submitting evidence, especially those who may be subject to any non-disclosure agreements. The Officer explained that any person submitting evidence to the review would be subject to the provisions of parliamentary privilege and the relevant legislation, however, the Panel could reserve the right not to publish a submission if deemed appropriate. It was agreed that this would be articulated in any public facing information relevant to the review.

The Review Panel agreed that Deputy Doublet would submit a written question to the Chair of the States Employment Board requesting the number of non-disclosure agreements  that  had  been  signed  between  individuals  or  companies  and  the Government of Jersey Departments and Non-Ministerial bodies.

It was agreed that the Review Panel would consider the potential launch of the review at its next meeting on Monday 1st June 2020.

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Date:  1st June 2020

 

Present

Deputy Robert Ward , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Mike Higgins

Apologies

Deputy Louise Doublet

Absent

 

In attendance

Andy Harris , Committee and Panel Officer

 

Agenda matter

Action

1.  Records of Meetings

The Review Panel noted and approved the records of the meetings held on 23rd March, 20th April and 11th May 2020.

 

2.  Redress and Accountability Systems in Jersey

The Review Panel recalled that it had written to key stakeholders in order to ascertain any capacity that they had to contribute information to the review. It was noted that a full response had been received from the Attorney General detailing processes within the Law Officers' Department. The Review Panel agreed that it would review the submission further and identify any further information to request.

It was noted that the Minister for Children and Housing had committed to providing a response  by  the  end  of  June  2020  and  the  Comité  des   Connétable s  had communicated its intention to provide a response in early autumn. The Review Panel agreed that it would write to the Comité in order to clarify the position and identify a deadline for the response.

The Review Panel agreed that it would proceed with the public launch of the review in mid-June. The Officer advised that letters to stakeholders, a news release and communications plan would be drafted for approval at the next Panel meeting on 15th June.

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3.  Future work programme

The Review Panel noted that, due to the Covid-19 outbreak, the proposed work programme for 2020 had been delayed. It was agreed that the main focus of the Review Panel's work for the remainder of 2020 would include the following reviews:

  • Redress and Accountability Systems in Jersey
  • The Government's response to the Independent Jersey Care Inquiry's (IJCI) two-year report;
  • A final interim report detailing the work of the Panel to date and the progress that had been made implementing the IJCI recommendations.

 

 

It was noted that, subject to States Assembly approval, the Education and Home Affairs Panel would be assuming responsibility for scrutiny of the children's remit under the Minister for Children and Housing. Noting the proposed change, it was agreed that, once the Review Panel had completed its final interim report, it would consider ceasing its regular scheduled meetings.

The Review Panel would, however, continue to undertake periodical check-ups on the implementation of any recommendations arising from its own reports, as and when deemed appropriate.

 

4.  Future Meetings

The Review Panel noted that its next scheduled meeting was due to take place at 10:30am on Monday 15th June via video conference.

 

Date:  15th June 2020

 

Present

Deputy Robert Ward , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Mike Higgins

Deputy Louise Doublet

Apologies

 

Absent

 

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1.  Records of Meetings

The Review Panel noted and approved the record of the meeting held on 1st June 2020.

 

2.  Redress and Accountability Systems in Jersey

The Review Panel recalled that it had agreed to proceed with the launch of its review and discussed and agreed a news release, communications plan and letters to targeted stakeholders in preparation for the launch, subject to minor changes. It was agreed that the launch would take place on Thursday 18th June, subject to the States Assembly concluding before that time.

Deputy Doublet questioned whether the Parish Churches would be included within the scope of the review. It was noted that this would fall under the remit of the Parish Administrations and also through the States Assembly due to the presence of the Dean. It was agreed that, for clarity, a list would be produced that expanded on the services and areas that were included within each of the four branches of the review (Government of Jersey, Court System, States Assembly and Parish Administrations). It was also agreed that this would be made available on the review page on the States Assembly website.

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3.  Future work programme

Further to its discussion at the previous meeting, the Review Panel noted and approved an updated work programme for 2020.

 

4.  Future Meetings

The Review Panel noted that its next scheduled meeting was due to take place at 10:30am on Monday 29th June via video conference.

 

Date:  13th July 2020

 

Present

Deputy Robert Ward , Chair

Deputy Kevin Pamplin, Vice-Chair

Deputy Mike Higgins

Deputy Louise Doublet [via video conference] Deputy Trevor Pointon [via video conference]

Apologies

 

Absent

 

In attendance

Mr N. McMurray, Voice for Children Blog [item 1 only] Andy Harris , Principal Committee and Panel Officer

 

Agenda matter

Action

1.  Meeting with Mr. N. McMurray, Voice for Children Blog in relation to the Panel's Redress and Accountability Systems in Jersey review.

The Review Panel received Mr N. McMurray of the Voice for Children Blog in order to discuss its review of Redress and Accountability Systems in Jersey Review.

A discussion was held around the Terms of Reference for the review and Mr. McMurray explained his views in relation to the negative perception of the "Jersey Way" and the various aspects which needed to be addressed. It was agreed that Mr. McMurray would provide the Review Panel with a submission outlining his views in full. A record of the meeting would also be taken as a submission and would be sent to Mr. McMurray to be checked for factual accuracy prior to being published in full on the States Assembly website. The Panel thanked Mr. McMurray for attending and he withdrew from the meeting.

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2.  Redress and Accountability Systems in Jersey

The Panel noted that it had received several submissions in relation to the review. It was also noted that a member of the public had expressed an interest in speaking directly to the Review Panel about their experiences. It was agreed that the Panel would arrange a meeting accordingly.

Further to the meeting with Mr. N. McMurray, the Panel agreed that it would amend the wording on the review webpage in order to make explicit reference to the fact that the review was examining the negative perception of the Jersey Way' and provide a hyperlink to the Independent Jersey Care Inquiry report.

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3.  Future Meetings

The Review Panel noted that its next scheduled meeting was due to take place at 10:30am on Monday 7th September via video conference at present. It was noted that, depending on the health advice at that time, the meeting may be held in the Le

 

 

Capelain Room, States building with the option for Panel Members to attend via video conference if required.

 

Record of Meeting

Meeting held by video conference

Date:  19th August 2020

 

Present

Deputy Rob Ward , Chair Deputy Trevor Pointon Deputy Mike Higgins

Apologies

Deputy Kevin Pamplin, Vice-Chair Deputy Louise Doublet

Absent

 

In attendance

Deborah McMillan, Children's Commissioner for Jersey Sammy McKee , Committee and Panel Officer

Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

Redress and Accountability Systems in Jersey Review

The Review Panel met Deborah McMillan, Children's Commissioner for Jersey, to discuss matters regarding its current review of Redress and Accountability Systems in Jersey. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

 

Record of Meeting

Meeting held by video conference

Date:  7th September 2020

 

Present

Deputy Rob Ward , Chair Deputy Louise Doublet Deputy Mike Higgins

Apologies

Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Absent

 

In attendance

Andy Harris , Principal Committee and Panel Officer

 

Agenda matter

Action

1.  Records of Meetings

The Panel noted and approved the records of the meetings held on 15th June, 13th July and 19th August 2020.

 

2.  Redress and Accountability Systems in Jersey Review

The Panel noted that the deadline for submissions was Friday 21st August and to date it had received 17 submissions in total. It was agreed that the Panel would extend the submission deadline until the middle of October and promote the details of the review further via Social Media. It was noted that the Comité des Connétable s was due to provide a submission to the Panel during September in respect of the processes and procedures within the parish system, specifically how it handled complaints, provided redress and held officials accountable. It was also noted that the  Government's  response  to  the  Panel's  request  for  information  on  its  own procedures was still outstanding. The Officer advised that this matter would be followed up as a matter of priority.

The Panel noted that the submissions raised to date had highlighted a number of themes. It was agreed that the Panel would review the submissions further and identify the common themes arising. It was expected that this would highlight areas where further information was required as well as potential lines of questioning for Public Hearings. The Officer advised that a schedule of stakeholders with which it could hold public hearings would be compiled for consideration at the next meeting.

The Panel noted that there had been expressions of interest from members of the public wishing to attend a private hearing with the Panel to discuss their personal experiences. The Officer advised that dates would be identified, and the meetings would be arranged accordingly.

The Panel noted that the Comptroller and Auditor General (C&AG) had recently presented her report on handling and learning from complaints on 8th July 2020. It was agreed that, as the subject matter was directly relevant to the review, the Panel would arrange a briefing from the C&AG to discuss the report and its findings.

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3.  Government Plan 2021

The Panel agreed that it would consider the work being done by the Children, Education and Home Affairs Panel in respect of the Government Plan 2021 at its next scheduled meeting on 21st September.

 

4.  Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:30am on Monday 21st September via video conference.

 

Record of Meeting

Meeting held by video conference

Date:  21st September 2020

 

Present

Deputy Rob Ward , Chair

Deputy Kevin Pamplin, Vice-Chair Deputy Louise Doublet

Deputy Mike Higgins

Deputy Trevor Pointon

Apologies

 

Absent

 

In attendance

Lynn Pamment, Comptroller and Auditor General [item 2 only] Andy Harris , Principal Committee and Panel Officer

 

Agenda matter

Action

1.  Records of Meetings

The Panel noted and approved the record of the meeting held on 7th September 2020.

 

2.  Briefing from the Comptroller and Auditor General

The Panel received Lynn Pamment, Comptroller and Auditor General (C&AG) for a briefing in relation to her report titled Handling and Learning from Complaints'. It was noted  that  the  report  addressed  the  handling  and  subsequent  learning  from complaints within the Government of Jersey and Non-Ministerial Departments. The scope of the review did not extend to the Arm's Length Organisations (ALOs)

The C&AG explained that the report had focussed specifically on the policies and processes in place for the management of complaints as well as analysis of the systems and data being collected. The review had also focussed on the culture of handling  complaints  within  the  public  sector.  Field  work  for  the  report  had commenced in 2019 and had paused in October 2019 in order to allow time for the Government's Customer Feedback Policy to be implemented. Work subsequently resumed in February 2020 in order to examine how this new policy had bedded in.

It was explained that the system that the new Customer Feedback Policy was based on  a  best practice  model,  however,  it  was  recommended  in  the  report  that  a consistent set of robust procedures for implementation of the policy were required across the public sector. There were examples of good work being done to gather customer feedback, especially in relation to services working with children and young people (the Jersey Youth Service was highlighted as gathering feedback effectively from  its  clients),  however,  information  and  feedback  was  not  always  being consistently recorded. 450 complaints had been recorded under the new system, all of which were made by members of the public.

The C&AG also explained that more work was required with the data collected in order to drive improvements. Furthermore, there were a lack of Key Performance

 

 

Indicators (KPIs) that were required t show how customer feedback (and complaints) were being addressed.

It was explained that the right tone relation to handling and learning from complaints was being set by Senior Leadership, however, this was not currently embedded within the workforce. It was noted that mandatory training on the new policy had been put in place, however, some departments (including Health and Community Services (HCS) and Children, Young People, Education and Skills (CYPES) had less than 30%  of  staff  that  had  undertaken  the  training  since  January  2020.  It  was recommended in the report that the policy received a re-launch' in order to better promote its purpose.

At present it was explained that there were a number of barriers preventing the system from being full accessible by members of the public. It was noted that of the 450 complaints made to date, 54% had been made using the online form, with the other 46% being made across a range of different forums (including telephone, email and face to face). It was noted, however, that work was ongoing to develop access to the online form in various languages as well as provide clarity over who would be communicated with in respect of their complaint (an example was given of whether parents of a child making a complaint should be included in any correspondence) and who would be able to provide advocacy for an individual during the process.

The Panel questioned whether the C&AG was supportive of the proposal to develop a Public Service Ombudsman. It was explained that her predecessor had expressed support for the proposal within her final report titled Governance: a think piece' and that she shared the same view.

It was expected that the C&AG would commence a follow up of the report later in her forward work programme which was unlikely to commence prior to 2022.

The Panel thanked the C&AG for attending and she withdrew from the meeting.

 

3.  Redress and Accountability Systems in Jersey Review

The Panel noted that the evidence gathering period for the review had been extended until the middle of October in order to provide additional time for submissions and information to be collected. The Officer advised that further promotion would be undertaken via social media.

The Panel noted a document setting out key themes arising from the evidence received to date. It was agreed that this had provided a solid foundation on which to develop lines of questioning as the review progressed.

The Officer provided the Panel with a draft schedule of various meetings (including private and public hearings) that the Panel may consider in relation to the review. It was noted that the Panel was due to hold private meetings with three individuals over the coming weeks. It was agreed that the Panel would seek to arrange physical meetings, where possible, with representatives of Jersey Cares and the Jersey Citizens Panel in order to discuss their views on the review subject.

The Panel noted that the original timeline for the review expected the report to be finalised during November 2020. Noting that the evidence gathering period had been extended, and that the workload of Panel Members was currently significant, it a was agreed that the Panel would aim to produce its report by the end of quarter one 2021. It was agreed that this would be communicated to all those who had submitted

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evidence to the review and an update would be placed on the States Assembly website on the review page.

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4.  Government Plan 2021

It was noted that the Review Panel would not be conducting a review of projects and actions within the upcoming Government Plan as it had done in the previous plan. Any projects falling within the remit of the Review Panel would now be addressed by the Children, Education and Home Affairs Panel. To that end it was noted that a draft version of the report was due to be shared with all Panels on 28th September 2020, after which projects would be allocated to individual Panels accordingly.

 

5.  Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:30am on Monday 5th October in the Le Capelain Room, States Building and via video conference for those Members unable to attend physically.