States Assembly | Response to the Care Inquiry - Update Report Quarter Four 2018 - Report

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Response to the Care Inquiry: Update Report Quarter Four 2018

Care of Children in Jersey Review Panel

Presented to the States on 14th December 2018 S.R.17/2018

Contents

Chairman's Foreword ..................................................................................................... 4
Executive Summary ....................................................................................................... 5
Findings .......................................................................................................................... 7

Recommendations ......................................................................................................... 9
Introduction .................................................................................................................. 10
Scope of Report ........................................................................................................... 11

- Recommendation One: A Commissioner for Children ............................................. 12
– Recommendation Two: Giving Children and Young People a Voice ....................... 14
– Recommendation Three: Inspection of Services .................................................... 18
– Recommendation Four: Building a Sustainable Workforce .................................... 20
– Developing a plan for children and young people ................................................... 26
– Pledge for children and young people (Corporate Parenting) .................................. 28
– Funding in 2019 ...................................................................................................... 31

Conclusion ................................................................................................................... 33

Appendix One .............................................................................................................. 34

– Panel Membership ................................................................................................. 34
– Terms of Reference ............................................................................................... 35
– Public Hearings ..................................................................................................... 35

Chairman's Foreword

This is the first interim report of the Review Panel since its initial meeting on 13th August 2018. We feel it is vital to report back regularly due to the ongoing nature of the Review Panel's work to ensure the full implementation of the recommendations of the Care Inquiry. We will do this via quarterly reports containing our recommendations on ways to move forward.

It is clear that the response to the Independent Jersey Care Inquiry is a major priority in this Government and we have seen a substantial amount of work undertaken. However, there is no time to be complacent, and a considerable amount of work is still required. We will continue to hold Ministers to account for their delivery of this important work.

Deputy Rob Ward

Chairman, Care of Children in Jersey Review Panel

Executive Summary

The Care of Children in Jersey Review Panel is pleased to report that at this stage a significant amount of work has been undertaken to implement the response to the IJCI. Whilst some areas have been developed quicker than others (e.g. the role of the Children's Commissioner, projects to give children and young people a voice), there is some evidence to suggest that the wider cultural changes required are yet to take effect, especially in respect of building a sustainable workforce. Overall, however, the work that has been done to this point is to be commended.
This report is intended as a snapshot in time, from which the Review Panel will conduct future reviews of the progress made. It is vital that the recommendations arising from the IJCI continue to be implemented expediently and correctly for the benefit of children and young people in Jersey.
There is still a considerable amount of work to do, and a significant number of barriers to overcome if the recommendations of the IJCI are to be implemented fully. The Review Panel has therefore made its own recommendations which it hopes will assist in the implementation of the IJCI recommendations at this stage.
The Review Panel has found that the appointment of the Children's Commissioner has been greatly welcomed. However, it has also heard evidence suggesting it is important that the family as a whole is considered as well as the rights of children and young people. The legislation to underpin the role of the Commissioner will be brought forward soon, and the Review Panel intends to conduct a review prior to its debate in the States Assembly.
A school council network is in the process of being established, with 19 schools represented by some 58 staff and students. The Minister for Children and Housing should ensure that a mission statement for this network sets out how it will be truly representative of children and young people in Jersey. The role of the Children's Rights Officer has also been established and will report directly to the Group Director for Children's Services. This Officer will be working with young people in residential care to establish their priorities for improvements. The Minister for Children and Housing should ensure that this role is regularly reviewed, with input from young people in residential care, in order to ensure it is meeting their needs and operating effectively.
Clear action has been taken as a result of the Ofsted inspection of children's services, and an improvement plan is in place to address the 20 recommendations set out by the Jersey Care Commission. The Review Panel has recommended that the Minister for Children and Housing publishes a quarterly update on the progress being made by the Children's Services improvement plan to ensure openness and transparency.
In respect of the work being done to implement recommendation four: building a sustainable workforce, the Review Panel has seen evidence that a Jersey Children First practice model is being established that will be rolled out to up to 5000 staff working across the wider children's workforce. The Review Panel has recommended that the model is reviewed on a quarterly basis to ensure staff are using it effectively and in order to identify and address any concerns.

50% of the current frontline social work staff are employed on a permanent basis, with the other 50% being made up by agency workers. There are currently 20 staff undertaking accredited training in systemic social work training, and the Review Panel has recommended that a varied and engaging programme of accredited and non- accredited training is developed by June 2019 to increase staff development opportunities.
An independent review of fostering services has been undertaken and an action plan to respond to this review is currently under development. The Review Panel has recommended that prior to its implementation, foster carers and young people with experience of foster care should be consulted on this action plan.
A Children and Young People's plan has been approved by the Council of Ministers and the implementation will be overseen by the Children's Strategic Partnership Board, chaired by the Minister for Children and Housing. The funding for this plan will be met from within the core allocations to departments and commissioned partners. The Review Panel has recommended that the Minister for Children and Housing publishes on a quarterly basis a central register which sets out the funding allocated from each department. This is to ensure openness and transparency whilst creating accountability for the resourcing of the plan.
A Pledge for Children and Young People has been developed which aims to hold the Government, legislators and public service to account for improving safeguarding and care and upholding the rights of children and young people in Jersey. At present 42 States Members and 11 Senior Leaders from across the Civil Service have signed up to this pledge. Work is ongoing with those States Members who have yet to sign the pledge in order to understand and address their concerns.
Funding from the current MTFP has been allocated to respond to the IJCI and significant work has been undertaken to date in order to bring forward the recommendations. The Review Panel has heard evidence from Senior Leaders to suggest that the amount currently allocated for 2019 is sufficient to achieve this.
The new Government plan to replace the MTFP process is due to be brought forward in 2019, and it is vital that appropriate funding is allocated to implementing the recommendations made by the IJCI. It is also important that these financial proposals are given sufficient scrutiny to ensure that they are fit for purpose and meet the wide- ranging priorities of the IJCI recommendations. To that end, the Review Panel will look to conduct a review of the financial proposals once they are made available.

Findings FINDING 1

All 41 actions identified as part of the response to the recommendations arising from the Independent Jersey Care Inquiry have either started or been completed.

FINDING 2

The appointment of the Children's Commissioner is seen as a positive development by organisations working with children and young people and the legislation to underpin the role of the Commissioner will be brought forward at the start of 2019.

FINDING 3

A concern has been raised that the role of the Commissioner places an individualistic focus on children and young people that could promote parent blame and alienation. Consideration has been given to this issue in the development of the legislation underpinning the role of the Commissioner.

FINDING 4

A schools-based participation strategy has been developed which has engaged 58 representatives across 19 schools. 27 schools wish to develop a school council further.

FINDING 5

A Children's Rights Officer has been appointed as of November 2018 and will be working with young people in residential care to establish their priorities.

FINDING 6

Action has been taken as a result of the Ofsted inspection of Children's Services, and a Children's Services improvement plan has been implemented.

FINDING 7

The Jersey Care Commission has identified 20 recommendations to be considered by the States of Jersey in order to improve the Children's Services.

FINDING 8

The Jersey Children First model is intended to be rolled out to between 4,000 and 5,000 staff across professionals working with children. This includes both statutory and charitable organisations.

FINDING 9

50% of frontline social work staff are employed in permanent posts, with the other 50% recruited from social work agencies as locums.

FINDING 10

20 staff from across Children's Services have been engaged in an accredited systemic social work practice course in the United Kingdom.

FINDING 11

An independent review of fostering services has been commissioned and an action plan is being developed to bring forward the recommendations.

FINDING 12

It is welcomed that the Children and Young People's plan was developed in collaboration with children, parents, professionals working with children and decision makers in the States of Jersey.

FINDING 13

The Minister for Children and Housing has given a commitment that the vision set out in the revised children's plan will need to be funded properly within both the current MTFP and the next Government Plan.

FINDING 14

42 States Members and 11 Senior Leaders from across the States of Jersey have signed up to the Pledge for Children and Young People.

FINDING 15

Discussions with States Members who have yet to sign up to the pledge are ongoing in order to understand their concerns and, where possible, address them.

FINDING 16

The funding available for the response to the Independent Jersey Care Inquiry is set under the current MTFP until the end of 2019. A Government Plan for 2019 – 2023 will be developed during 2019 where funding for the response will be allocated. The level of this funding is as yet unknown.

Recommendations

Please note: Each recommendation is accompanied by a reference to that part of the report where further explanation and justification may be found.

RECOMMENDATION 1

The Minister for Children and Housing should establish a mission statement for the network of school councils that gives specific reference to how it will be truly representative of children and young people. [Section 6.2]

RECOMMENDATION 2

The Minister for Children and Housing should ensure that the role of the Children's Rights Officer is evaluated as it progresses, with significant input and feedback from children and young people about its effectiveness. [Section 6.2]

RECOMMENDATION 3

The Minister for Children and Housing should publish quarterly updates on the progress being made by the Children's Services Improvement plan. [Section 6.3]

RECOMMENDATION 4

The Children's Service should ensure that quarterly reviews are undertaken to assess the impact of the Jersey First Model during 2019 and 2020. The purpose of these reviews should establish professional understanding of the model and seek to address any concerns that may arise. [Section 6.4]

RECOMMENDATION 5

The Children's Services should ensure that a varied and engaging programme of continued professional development is established and maintained for all front line social work staff and their supervisors by June 2019. [Section 6.4]

RECOMMENDATION 6

The Children's Services should ensure that both foster carers and young people with experience of being in foster care are extensively consulted on the proposed action plan arising from the independent review of fostering services prior to its implementation. [Section 6.4]

RECOMMENDATION 7

The Minister for Children and Housing should publish on a quarterly basis, through the Children's Strategic Partnership Board, a central register which clearly sets out the individual departmental funding allocations for the Children and Young People's plan [Section 6.5]

Introduction

The Care of Children in Jersey Review Panel ("The Review Panel") was established by the Chairmen's Committee in September 2018 in order to examine the policies, legislation and actions of the Council of Ministers in response to the recommendations made by the Independent Jersey Care Inquiry ("IJCI"). This followed a recommendation by the previous Care of Children in Jersey Review Panel that it be reconstituted after the 2018 Elections.[1]
The report by the IJCI Panel into the abuse of children in the Island's care system over many years was presented on 3rd July 2017. The final report identified individual and systemic failings, and made eight core recommendations for the future management and operation of Jersey's residential and foster homes, to ensure that the Island provides a safe and secure environment for the children in its care.
The Review Panel's Terms of Reference were agreed as follows:

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

In order to ensure that the response to the Care Inquiry is being undertaken correctly, the Review Panel agreed that it will report on a regular basis on the progress that has been made. This report acts as the starting point for the Review Panel's work, whilst at the same time offering an opportunity to relay the successes and challenges that have been faced and offer recommendations to assist with the implementation of the IJCI response. The Panel is pleased to see that at this stage all 41 of the actions identified in response to the IJCI have either been started or completed.[2]
The Review Panel issued a call for evidence seeking the views of key stakeholders working with children and young people and the general public, in relation to the progress made in implementing the Care Inquiry response. It has also held a public hearing with the Minister for Children and Housing.[3]
The Review Panel would like to thank all those who have contributed to its review.

FINDING 1

All 41 actions identified as part of the response to the recommendations arising from the Independent Jersey Care Inquiry have either started or been completed.

6. Scope of Report

From the submissions received and the evidence shared by the Minister for Children and Housing during public hearings, the Review Panel is pleased to report that there have been several successes in the implementation of the IJCI response so far. However, challenges have also been brought to the Panel's attention. For the purposes of this report, the Review Panel intends to focus on the following areas:

Recommendation One: Commissioner for Children
Recommendation Two: Giving children and young people a voice
Recommendation Three: Inspection of Services
Recommendation Four: Building a sustainable workforce
Developing a plan for children and young people
Pledge for children and young people (Corporate Parenting)
Funding in 2019

Recommendation One: A Commissioner for Children

The Commissioner for Children, Deborah McMillan, was appointed on 15th December 2017 [4] following a recruitment process which involved children and young people. At present the role of the Commissioner is operating in shadow form [5], whilst the legislation to underpin the role is developed and brought to the States Assembly for debate. This was confirmed by the Minister for Children and Housing at a public hearing on 2nd November 2018:

So at the moment we have a Children's Commissioner appointed but she is operating in shadow form at the moment essentially as a civil servant when in reality what we need is an independent Children's Commissioner whose powers and roles are defined in law and that the Government cannot tamper with and that enables her to hold us to account in the way that she ought to. So we are looking at bringing that draft of that legislation to the Council of Ministers later this year. I am particularly keen obviously that this panel gets its eyes on that and is able to comment or scrutinise in whatever way you see fit for that.[6]

It is clear to the Review Panel from submissions received that there is support for the role of the Children's Commissioner, and appreciation of the work that she has undertaken in just under a year:

Family Nursing & Homecare (FNHC) have really welcomed the Commissioner for Children's role, which has benefited the children and families with whom we are working, through joint home visiting with FNHC the commissioner has been able to hear children and young people's experience first-hand. The commissioner has also been able to assist with enabling barriers to practice by advocating for staff.[7]

The employment of a Children's Commissioner is a very positive step.[8]

The Jersey Association for Family Therapy explained in their submission that, whilst the appointment of the commissioner was a very positive step, there is a danger that an individualistic focus on children and young people (whilst important), could lead to a view of the child in isolation and therefore sustain a culture of parent blame and alienation.[9]
The Review Panel is aware that the Children's Commissioner has established a young person's advisory panel and an adult advisory panel which will be enshrined in the legislation to underpin the role. It is possible that this panel could go some way towards mitigating the concerns above, however, this will need to be reviewed once it has been established. The challenge this poses for the rights of parents has also been considered in the development of this legislation, but will need to be examined further to ensure it addresses the concerns raised.
The Review Panel notes that the legislation to underpin the role of the Children's Commissioner is due to be brought forward for debate in the States Assembly early in 2019. The Review Panel will be conducting a review of this legislation once it has been lodged.

FINDING 2

FINDING 3

Recommendation Two: Giving Children and Young People a Voice

The response to recommendation two of the IJCI (giving children and young people a voice) has seen a significant amount of work undertaken to this point. The IJCI report was clear that hearing the voice of children and young people is crucial in building confidence that their interests are given paramount consideration.[10]
The response to recommendation two established key actions that would seek to improve the manner in which the voice of children and young people was heard, by creating universal opportunities for them to become engaged in and have influence over key aspects of their lives.[11]
From the submissions received by the Review Panel, it has noted that there is support for the work that has been undertaken in this area:

Another area of success has been in relation to capturing the voice of children and young people. This has been central to the commissioner's work, the CYP (Children and Young People) plan and is integral to FNHC's strategy 2019-23.[12]

Schools play an important part in the lives of children and young people, and one such development has been to create a schools based participation strategy which would create a school council network. The Minister for Children and Housing outlined the overriding purpose of this strategy at a public hearing:

So there is obviously the school-based participation strategy, which is looking at school council models in Jersey and trying to establish a wider network of these and give them the tools they need to be empowered to use their initiative to take young people to whether it is Ministers, whether it is this body or that body, when there is an issue that will affect young people and speak directly to them and having a framework where those young people are able to lead and take up that work.[13]

The Review Panel questioned how this structure would be truly representative of the children and young people in Jersey:

Deputy R.J. Ward :

Are you in some way ensuring that that representation is truly reflective of our entire community?

Director, Children's Policy:

So what is important is that the school councils work hard on how they represent the children in their class, children in their school, and equally in any forum that is set up to connect to this that there is some careful thinking about how you include. Because that is a challenge that many of us on various levels of this Island have not been good at, have we? So I think there is the challenge and there is the challenge for that work going forward.[14]

The Minister for Children and Housing went on to explain that representation needs to be provided by children and young people from particular communities and with experience of certain issues:

We would have to make sure that there are children from our national minority groups, for a start, we would want L.G.B.T. (lesbian, gay, bisexual and transgender) representation on there, disability, care experience. We need to make sure that it is not just a popularity contest.[15]

In terms of the numbers of young people and staff that would be involved in this proposed structure, the Review Panel has been given the following information:

Director, Children's Policy:

So there are 27 schools who are interested in developing their school councils further. On the day that I spoke about, there were 19 schools in the room with 58 representatives from students and staff. So we have not all schools but a large part, a large group of schools, who are on that journey in terms of having a school council and committed to improving in terms of representation.[16]

It has been acknowledged that not all Island schools are at present involved with this strategy, however, the Minister for Children and Housing explained this would not deter the initiative from being brought forward:

The Minister for Children and Housing:

We are not going to wait until all schools are signed up before starting to do things here because we will want well, firstly, we want to get the ball rolling but we also would want those who are involved in it from the start to help build a strategy for how we involve the other schools that for whatever reason are not ready to join or are not at that point.[17]

This particular strategy will need to be monitored closely as it develops to ensure that it is truly representative of children and young people. As the strategy is developed in relation to how the network should operate, serious consideration should be given to the composition and systems required for it to be truly representative. The Minister for Children and Housing should therefore look to establish a mission statement for the school councils' network that outlines how it will be representative of children and young people.

FINDING 4

A schools based participation strategy has been developed which has engaged 58 representatives across 19 schools. 27 schools wish to develop a school council further.

RECOMMENDATION 1

Another key recommendation set out by the IJCI was to implement the role of a Children's Rights Officer that would report directly to the Group Director for Children's Services.[18] This was taken forward within the response to the ICJI with the intention of having the post in place by March 2018.
The Review Panel was provided with an update on the role at a public hearing on 2nd November 2018:

Deputy R.J. Ward :

Can I ask you to update us on the role of the children's rights officer? Has it been recruited to?

The Minister for Children and Housing:

There were interviews that took place on 26th October and it is, I think, envisaged that a secondment will begin this month.

Group Director, Children's Services:

Yes, that is correct. We interviewed five people last week. We have gone for a secondment initially to get somebody in the post and running with the role so I anticipate having somebody in post full time from 19th November.[19]

An announcement confirming the role was made on 19th November 2018.[20]
The Review Panel questioned whether the role had clearly defined operational responsibilities or whether these would be developed as the role commenced and was given the following answer by the Group Director for Children's Services:

Group Director, Children's Services:

I think it will develop because we want to speak to children about some of their priorities. But the focus is on their rights with particular focus on looked after children. So there will be bits about advocacy. If there are complaints, there will be bits about supporting complaints. There will be the challenge to the service about how they are running things or anything that potentially infringes a right and really just surfacing that. We also want to have the role of two children's rights assistants and that is a model I have seen elsewhere with those assistants having been care-experienced young people, so bringing that richness of experience. Albeit that that might be very challenging and bring some tension, that is really some of what is required in this system to push that. [21]

This new role will need to be evaluated as it progresses and consideration should be given to how children and young people are involved in setting out the operational responsibilities of the role and how it best supports them. The Minister for Children and Housing should therefore ensure that the role is evaluated with significant input from children and young people about its effectiveness.

FINDING 5

A Children's Rights Officer has been appointed as of November 2018 and will be working with young people in residential care to establish their priorities.

RECOMMENDATION 2

Recommendation Three: Inspection of Services

Recommendation Three of the IJCI (Inspection of Services) stated that the States of Jersey should commit to introducing an independent inspection regime for Children's Services.[22] This was addressed in the response to the IJCI, and the Jersey Care Commission was tasked with bringing forward Terms of Reference for an independent inspection of Children's Services.[23]
Further to this action, the Jersey Care Commission announced on 5th March 2018 that it had commissioned the Office for Standards in Education, Children's Services and Skills (Ofsted) to undertake an inspection.[24] The inspection itself was undertaken between 4th and 16th June 2018, with the final report (Making a difference: Driving Improvement) from the Jersey Care Commission presented on 6th September 2018.

The report presented 20 recommendations for improvements to children's services based around the following four key areas.

Corporate Leadership
Children and Young People's Experiences
Infrastructure and Governance
Operational Delivery26

The report highlighted that whilst there were green shoots appearing in respect of the way in which Children's Services operated, significant improvements were still required before the States of Jersey could be confident that the care of children and young people is of an acceptable standard.27 The report also recommended to the Chief Minister that the Jersey Care Commission arrange and report on a follow up visit and further inspections to determine if sustained improvements are being made.
In advance of the publication of the Care Commission's report, a Children's Services Improvement plan was put in place in order to deal with some of the concerns that had been raised through the inspection process.28 During a public hearing, the Minister for Children and Housing explained that the issues raised required immediate action and needed to be addressed prior to the inspection report being published:

...as Ofsted were in Jersey undertaking that work we did not sit still during that time period. As they were asking questions, you find when a question is asked of you and you are forced to think of what the answer is, it helps you identify what the problem is as opposed to the person asking the question. So some of that helped feed into the improvement plan when that was being put together.29

It is clear that action has been taken as a result of the inspection process, and there is a commitment from key decision makers to improving the work of children's services. It has been acknowledged that the pace of improvement has not been fast enough, and further work is required in order to bring the Children's Service up to the required standards.

It is important that the results of the inspection are used as a benchmark by which future improvements are measured. The Minister for Children and Housing should publish regular updates on the improvement plan for Children's Services that outlines the steps that have been taken and any tangible improvements that have been made. This should be undertaken in line with a regular external inspection timetable in order to maximise its benefit.
The Review Panel will continue to monitor developments in respect of the improvement plan and arrangements for ongoing inspection of children's services, and will report on the matter in the New Year.

FINDING 6

Action has been taken as a result of the Ofsted inspection of Children's Services, and a Children's Services improvement plan has been implemented.

FINDING 7

The Jersey Care Commission has identified 20 recommendations to be considered by the States of Jersey in order to improve the Children's Services.

RECOMMENDATION 3

The Minister for Children and Housing should publish quarterly updates on the progress being made by the Children's Services Improvement plan.

Recommendation Four: Building a sustainable workforce

It has been recognised that the challenges facing the States of Jersey in relation to the recruitment and retention of social work and other frontline staff require complex solutions across a wide range of issues. The IJCI report highlighted the difficulties that had been faced over many years in recruiting and retaining suitably qualified and skilled staff at all levels within Children's Services.[25]
Unsurprisingly, the Review Panel has found that this particular work stream has offered up some of the more challenging aspects of responding to the IJCI recommendations. The initial response in P.108/2017 made clear that additional human resources capacity for Children's Service was required, as well as a sharper focus on providing alternative accommodation for staff who may come from outside of the Island.[26]
The Review Panel acknowledges that some of the issues impacting the development of a sustainable workforce are at a cultural level, and significant changes will need to be implemented if that cultural shift is to occur.
One of the key actions highlighted in the response to recommendation four was the establishment of a "Jersey Practice Model" which would look to streamline and simplify the work undertaken by all agencies in the Island working with children and young people. It would also look to avoid confusion and repetition for different organisations working with children and young people (i.e. referral forms and systems)
The development of this model was highlighted by Family Nursing and Homecare as a positive step in engaging all professionals working with children:

FNHC's involvement in the development of the Jersey children's first model has included being a member of the steering group, training in the use of practice tools, and the role out across more than 4,000 staff across the wider system. This standardised approach will support practice and consistency of services delivered to families.[27]

The Group Director for Children's Services elaborated on the purpose of the model and outlined the type of support it would offer to children and young people:

[It] is essentially a framework that anybody working with children should start to use. It is called Jersey's Children First ... it is a framework that we will all work to across a continuum of needs, so from children just starting to need a bit of additional support right through to those most in need with the highest level. So it allows people to be organised, in a way, across the spectrum.[28]

In the submission from FNHC, it was explained that this model would be rolled out to more than 4,000 professionals working with children. This was confirmed by the Group Director for Children's Services during a public hearing:

Group Director, Children's Services

It is multi-agency. We are anticipating about 4,000 to 5,000 people will go through that training. So we will have a real framework that we use in Jersey and it will stop all those different referral forms and all that confusion.[29]

This is a positive development in terms of creating a simple and effective model that is understood and utilised across professionals working with children. Although in its initial stages, the model plays a key role in bringing about a change in culture within the workforce. This will of course require regular review in order to assess its impact.

FINDING 8

The Jersey Children First model is intended to be rolled out to between 4,000 and 5,000 staff across professionals working with children. This includes both statutory and charitable organisations.

RECOMMENDATION 4

The Jersey Association for Family Therapy (JAFT) highlighted a concern about the number of locum social workers currently employed:

We still have concerns with the number of locum social workers in the service which we hope local social work training planned for September 2019 will address. We would also like to consider how this development could be woven into the challenge to develop systemic practitioners and family participation.[30]

The Panel addressed this issue at the public hearing with the Minister for Children and Housing and received the following information in respect of the number of permanent staff and agency staff currently working across the service:

Group Director, Children's Services

So we have 47 and that is spread right across Children's Services, across children in need team, fostering and adoption team, M.A.S.H. So that is what we have. We have probably 50 per cent, I think, who have permanent staff in those posts. The rest are filled with agency staff, some of whom have been with us on a fairly long-term basis, and when I say that I mean over 12 months. To pick up Deputy Pointon's point, we are fishing in a very small pond. Trying to get competent, experienced, permanent social workers for children's social work is very difficult right across the U.K. and there are, of course, additional issues of coming to Jersey in an Island jurisdiction.[31]

The Review Panel has established that 50% of the front line social work staff are currently agency or locum staff. The Review Panel further questioned the impact on resources that comes with employing such a large number of agency staff and received the following response:

Senator K.L. Moore :

Having such a high percentage of agency staff surely has a cost when we go back to the resource point that we were talking about. I appreciate the difficulties in recruitment at the moment but what is being done to ensure that there is a greater percentage of non-agency staff?

Group Director, Children's Services:

So we work very hard; it feels like we recruit all the time. In fact, we are engaging an external organisation to try and have a more effective campaign in terms of reaching the right people, the right demographic that we want, because we also do not want everybody who is just newly qualified. That does not give you a balanced workforce either; you need some people with experience.[32]

The Group Director for Children's Services elaborated on some of the changes that have been put in place to help attract qualified social workers to work in Jersey:

Group Director, Children's Services

I think we have seen some other practical changes that have been required in relation to employment entitlements and housing, and for partners of people who come over on a licence. I also would say that things like the pledge, if I might just pop back to that for a minute, it is quite an important thing for staff. We saw in the care inquiry and subsequently with the Care Commission report that progress had been made in spite of the system and there was a real need for a whole system change. So, staff in Children's Services will have felt quite isolated over the years and the object of things. I think for them to see a pledge that politicians and senior executives are signing is quite an important statement of intent and it does go some way to beginning to change the reputation of Jersey as we try and attract people.[33]

It is clear that changing the culture is a key factor in recruiting qualified staff, however, the training and development opportunities available to staff are equally important and will help retain staff currently in the profession, as well as attract both experienced and newly qualified staff. The Review Panel has heard that Children's Service has engaged a number of staff in a systemic practice course in the United Kingdom.
JAFT highlighted the importance of systemic approaches to social work in its submission and questioned how this training was being rolled out. It especially questioned whether or not this training was also being undertaken by managers:

We would be interested to know if managers have or plan on undertaking this training as the approach needs to be embedded throughout the culture of the organisation. We also wondered who is monitoring and evaluating the outcome of the investment into this training and if there are any plans to offer the training to all front line workers including family support workers and health visitors? This also raises the question of the need for supervisors to be trained in systemic ideas as it is a vital part of keeping the systemic momentum going. This seems important in terms of the substantial economic investment in training.[34]

The Group Director for Children's Services explained that staff in the organisation were currently undertaking training in systemic approaches to social work, and this would be repeated the following year:

We have also engaged staff in a pretty significant training course around what is called systemic approaches, so it is a way of intervening with families and children. So we have had I think there are about 20 of us at all levels in the organisation being involved in accredited training. That has gone down really well. I think it has been quite challenging for staff. They have been on the red eye travelling to London and meeting with colleagues from across the U.K. but it has been important and folk have stuck in with that and that has run from May through to February. We will repeat that next year. So, those kinds of things are really important.[35]

JAFT also explained that it has worked with the Tavistock and Portman NHS trust on Island to establish a two year systemic practice course on-island.[36] The Review Panel questioned whether or not this opportunity had been considered by Children's Services when identifying training for staff:

The Deputy of St. John :

I have declared an interest here in that when you are considering the training in Island for qualified social workers and perhaps their assistants, would you speak to the Jersey Association for Family Therapy, who currently have a link with an NHS trust and are currently running courses in the Island?

Group Director, Children's Services:

Yes, I am aware of that and some of our longer standing members of staff have done some of their courses in the past. What we have done is go for the accredited course that is being run by the Centre for Systemic Social Work. It was also about linking, as I said, with colleagues. We would, of course, look at the best way and the most appropriate way of delivering training.[37]

It is clear that there has been emphasis on staff training at all levels of the Children's Service and this must be continued and developed. The Children's Service should therefore ensure that a varied and engaging programme of training and development, whether accredited or not, is identified in order to assist the recruitment and retention of staff.

FINDING 9

50% of frontline social work staff are employed in permanent posts, with the other 50% recruited from social work agencies as locums.

FINDING 10

20 staff from across Children's Services have been engaged in an accredited systemic social work practice course in the United Kingdom.

RECOMMENDATION 5

Review of Fostering Services

Not all children who enter residential care are placed within a children's home. Some are placed into foster care where possible if it is deemed in their best interests.
The IJCI recommended that the States of Jersey undertake a thorough review of fostering services in the Island, as considerable dissatisfaction had been aired by the Island's foster carers that they had not been viewed as "part of the team".[38] It was also recommended that this review should examine the recruitment and retention of foster parents and must consider whether any arrangements need to be made to ensure that families with the potential to be effective foster carers have access to suitable housing.[39] This was addressed in the response to the IJCI.
The Review Panel questioned the Minister for Children and Housing on 2nd November 2018 about what progress had been made to review the current fostering services in the Island and was given the following answer:

The Minister for Children and Housing:

There is work going on to review it. I am aware that a draft report was submitted to Susan [Group Director for Children's Services] last month and I am in a position of being able to say that I have not yet seen it but am anticipating being given this draft report at some point this month ...The report does set out recommendations, again, of which I have not seen yet but I am aware that the recommendations, or at least some of them, will have financial implications which we will have to discuss then and that will have to feature in part of our thinking for the Government plan. [40]

The Group Director for Children's Services elaborated on this answer and gave details as to what needed to be considered and what was still required before a plan could be implemented:

Group Director, Children's Services

We had the independent review which was one of the recommendations, of course. I have a report. I have asked for some work to be done to compile an action plan so that we can get timescales and responsibilities nailed down. It will be a report that touches on other aspects of government. So, for example, in other jurisdictions there are issues around tax or social security benefits so we may find ourselves thinking and considering some of those issues as well.[41]

It is vital that any action plan with the focus on increasing the recruitment and engagement of foster carers is developed with existing foster carers and young people with experience of foster care. The Review Panel notes that stakeholder engagement is intended for the action plan (as noted by the Minister for Children and Housing in a public hearing).[42] It is highly likely that this consultation will be undertaken with the groups mentioned above, however, in the interests of clarity, the Review Panel recommends extensive consultation is undertaken with existing foster carers and foster care experienced young people before any action plan is implemented.

FINDING 11

An independent review of fostering services has been commissioned and an action plan is being developed to bring forward the recommendations.

RECOMMENDATION 6

Developing a plan for children and young people

In P.108/2017, a key action in response to recommendation six was to consult with children and families on a revised Children's Plan.[43] Significant work has been undertaken in order to bring forward this revised plan, with an engagement day involving more than 200 children, politicians, parents and charities taking place in March 2018.[44]
On 19th November 2018, the Council of Ministers approved a plan for Children and Young People which aimed to build on the strategic priority of putting children first.[45]
The Children and Young People's plan is based around the following set of four headline outcomes that all children in Jersey:

Grow up safely
Live healthy lives
Learn and achieve
Are valued and involved [46]

It is clear that there is support for the proposed plan, with one submission from Family Nursing and Home Care stating the following:

The development of the CYP plan has also been instrumental in developing the vision and strategic direction of children services in future. The professional support and participation in developing the plan has resulted in system wide ownership. FNHC will become a member of the strategic implementation group and key performance indicators contained within the plan have been integrated into FNHC's new five year strategy (2019-23).[47]

The Review Panel has heard that a previous children and young people's framework was developed, but did not come to fruition for a variety of reasons, one of which was lack of funding. During a public hearing with the Minister for Children and Housing, this point was raised by him, along with a commitment that this could not be allowed to happen with the new plan:

The previous children's plan I think was regarded not to have succeeded because it did not often have the funding associated with it to achieve many of the things that it was meant to do. That cannot be the case this time round. I think there is a clear political commitment that it will not be that case but when the next government plan is produced, what previously would have been the Medium Term Financial Plan, we have to absolutely make sure that the key actions that we are identifying as important for improving the life experience of children and young people in Jersey is funded and that our commitment is more than just words, it is actions with the necessary funding.[48]

Once this plan has been implemented, it will need to be reviewed regularly in order to ensure it is meeting its targets. It is vital that the plan is adequately funded within the Government plan, and the Review Panel will continue to hold the Minister to account for its delivery. The Review Panel understands that the implementation of this plan will be overseen by a Children's Strategic Partnership Board which will be chaired by the Minister for Children and Housing with representation from States of Jersey departments and third sector organisations. The Review Panel also understands that the plan will not be funded centrally but from the core allocations to the respective departments or commissioned organisations.

This has raised concern amongst the Review Panel that there is no clear line of accountability for ensuring the plan is funded correctly (as stated publically by the Minister). Whilst the Review Panel understands the need to have the resource met from within departmental allocations, it could create a situation whereby a target not being met is blamed on a lack of resource or funding. In order to mitigate this situation, the Review Panel recommends that the Minister for Children and Housing, as chair of the Children's Strategic Partnership Board, publishes a central register which clearly sets out what the departmental allocations are towards the Children and Young People's plan. This should be published on a quarterly basis.
Once the plan has been rolled out and embedded further, the Review Panel will consider reviewing the progress made.

FINDING 12

It is welcomed that the Children and Young People's plan was developed in collaboration with children, parents, professionals working with children and decision makers in the States of Jersey.

FINDING 13

RECOMMENDATION 7

Pledge for children and young people (Corporate Parenting)

On 6th September 2018, the Chief Minister and Minister for Children and Housing announced a new Pledge to Jersey's Children and Young People.[49] The Pledge set out specific commitments to Jersey's children and young people which are as follows:

We will listen directly to children and young people and involve them in how we design, deliver and review our services
We will provide integrated support for families that need extra help caring for their children
We will provide all children in our care with access to a safe, loving, secure home environment
We will expand, join up and target our early help offer to ensure that children and young people get the support they need when they need it, to prevent risk and issues from escalating
We will recruit and retain a child-centred, stable, highly professional workforce
We will make it easier for data and insight across organisations to be shared so that, when assessing how best to meet their needs, we look at children's and young people's lives as a whole
We will ensure that sufficient funding is available to be effective and that any regulatory and legislative changes needed will be progressed swiftly
We will set and publish clear standards and we will be held publicly to account for achieving them.[50]

The Pledge was announced on the same day that the Jersey Care Commission published its report of the Ofsted inspection in order to begin to address some of the issues that had been raised in the report. Responding to the report and elaborating on the reason for the pledge, the Chief Minister stated the following:

"Children must be at the heart of everything we do and we must put children first. This Pledge to Children and Young People in Jersey recognises that the care and protection of children is not simply the responsibility of Children's Services, but requires concerted action across the public service, and the commitment of government Ministers and States Members to make the changes that are needed. We are working together to ensure that this Pledge focuses on specific actions and outcomes rather than aspirations."[51]

The pledge has been met with support from some organisations, with the Jersey Association for Family Therapy stating:

We applaud the Chief Minister's move to encourage all politicians to sign up to corporate parenting.[52]

As of 6th November 2018, 42 States Members have signed up to the pledge as well as 11 senior leaders from across the States of Jersey. The Review Panel questioned the Minister for Children and Housing on the reasons why some Members had yet to sign up to the pledge:

Minister for Children and Housing

There were some who maybe had difficulties with the wordings of it, the use of the word "we" at the start of every point of the pledge. I think some interpreted that as being the royal "we" as in meaning "I". So when it says: "I need to publish regular updates on this" they were thinking: "Well, how do I publish regular updates? That is not my job that is your job." But the use of the word "we" was important because it was asking all of us to be part of that bigger picture. So, as Minister for Children, I might have executive responsibility for X, Y, Z. As a Scrutiny Panel, you have responsibilities that are different to that but are still important in ensuring that we are an Island community where children can thrive. You have to hold me to account for that, to know that you have pledged to do that with the same ethos, the same aim that this becomes the best community in the world for children to grow up in.[53]

The Review has also addressed the view that the pledge could be seen as a gimmick':

Deputy M.R. Higgins:

How are you going to win over the people who thought it was a gimmick and either signed it reluctantly - I say reluctantly because they thought it was a gimmick - or did not sign it at all?

The Minister for Children and Housing:

Yes, that is a good question. There are a few who have not signed and I have said from the start that anybody who does not want to sign up to it, that is completely their right to do so and I want to hear from them why. I want to understand because it is important for me, as the Minister, to have that conversation with each of those people because we will come at this from a different place. We might have different priorities within the greater scheme of things and it is important for me to know where they are coming from and respect their position but understand what I can do, if not to win them over to physically go and sign it, at least to win them over or have a mutual understanding of where they see their role in this bigger picture of supporting children on the Island and know how I can work with them and where they fit in it. [54]

It is clear that the purpose of this pledge is to help drive the cultural change needed to better meet the needs of children and young people and also involve them in changes that affect their lives. It has been acknowledged that there are concerns about how the pledge can appropriately apply to all States Members without compromising important matters such as clear accountability and the appropriate separation of roles of responsibilities in respect of good governance, especially around the specific wording of some of the commitments. Some of the States Members who have yet to sign the pledge are being consulted by the Minister for Children and Housing in relation to their concerns and work is ongoing to understand and where possible address them.

FINDING 14

42 States Members and 11 Senior Leaders from across the States of Jersey have signed up to the Pledge for Children and Young People.

FINDING 15

Discussions with States Members who have yet to sign up to the pledge are ongoing in order to understand their concerns and where possible address them.

Funding in 2019

The Review Panel has raised a concern in relation to the funding that is available to support the response to the IJCI up to the end of the current Medium Term Financial Plan (MTFP). This was addressed at the public hearing with the Minister for Children and Housing. It was acknowledged that as the current MTFP runs until the end of 2019, a financial commitment from the previous States Assembly has been left for the new Assembly to honour:

Deputy R.J. Ward

What I am concerned about is because we are tied to the M.T.F.P. (Medium Term Financial Plan) until the end of 2019 there will be another year's delay before funding priorities are put in place to action what we all know needs to happen urgently. So how are you going to put that square peg in a round hole? There is a concern that everything is going to wait.

The Minister for Children and Housing:

I accept that and I agree with that. I think that our previous version of having yearly plans or whatever you want to call it in Jersey was not flexible enough and we are in a position where we are under the constraints that were put upon us by the previous States Assembly. A new States Assembly with new priorities does not necessarily fit in. I agree with that and I think that that process needs to change. I think that the new Chief Officer of the States I think has some good proposals to make there. It is fair to say that the previous Administration, when the care inquiry report came out, accepted immediately I obviously was not a member of that so I do not fully speak for them, but it was obvious that they accepted that this was such a political priority that within the constraints that were available on the flexibility that was available in the previous M.T.F.P. funds were put towards actioning the points that were raised.[55]

It is clear that funding was allocated from within the current MTFP by the previous States Assembly to implement the response to the IJCI. The Director for Children's Policy elaborated on the Minister's answer and gave examples of the work that was being carried out without delay:

Director, Children's Policy:

In terms of the point that you raise about things having to wait, I would give examples of pieces of work that we are absolutely doing now and not waiting for. So there is a whole raft of work under the children's social work improvement boards that we set up in response to the independent inspection. So that is up and running and the Minister for Children is chairing that. There is work going ahead in relation to early help across the children's system. That is going on now. That is not waiting for 2019. Those are just two. The work to put in place the appropriate legislation for the Children's Commissioner, the last tranche of that the law drafting instructions went across and into law drafting yesterday, so we are anticipating, for example, those key bits of architecture are continuing to be put in place. So I do not perceive, if I could, it to be a lag, a lead-in time, because there is that much going on in this space.[56]

The Council of Ministers has published its strategic priorities for the next four years, and the first of five priorities is to put children first.[57] The funding for this strategic plan will be brought forward in 2019 as part of a new government plan to replace the current MTFP process, if the States Assembly approves changes to the Public Finances Law.[58] The Minister for Children and Housing explained that whilst this plan would require robust discussion, there was clear support for prioritising children and young people:

Minister for Children and Housing

... There will be competing priorities across the whole States Assembly for what particular projects people want to see done quicker or extra funding allocated. That is not something that anybody can get complacent about. Any Minister or any Back-Bencher can propose whatever they like to go in the government plan and that will be a full debate in the States Assembly. I feel that we are in a good place, though, moving up to that government plan, not just because of the political consensus that there is in the Council of Ministers that this needs to be a priority and can I say that I have never felt any hint of resistance from any other part of government against doing something for this agenda because they might see there is a priority elsewhere.[59]

Until such time as a new Government Plan or MTFP is approved by the States Assembly, funding is only available as set out in the current MTFP. The Review Panel questioned whether the level of funding available at present is adequate in order to implement the changes required:

Deputy R.J. Ward

But in the meanwhile, do you have enough financial support to implement the changes that are so necessary during that time from the current M.T.F.P.?

Director General, Children, Young People, Education and Skills:

... So I know that is not quite the same thing as responding to the care inquiry, but nonetheless until we stabilise and then significantly improve the performance of children's services in many ways we are not dealing with the key issue in the system anyway, are we? I am satisfied - I choose that word carefully because I would always like some more money - that the resource presently available is sufficient for us to mobilise that improvement effort.[60]

The Review Panel will continue to monitor the funding situation during 2019 and raise and report any further concerns that may be highlighted. It will also review the proposals in the Government Plan to ensure that adequate funding is made available to continue the response to the IJCI.

FINDING 16

7. Conclusion

From the evidence received so far, the Review Panel has concluded that a significant amount of work has been undertaken in order to implement the response to the IJCI. It is also clear that a significant amount of this work lays the foundations to the cultural and structural changes necessary to improve how Jersey cares for, and listens to, children and young people. This work is to be commended, as are the Ministers and Officers responsible for it.
However, the Review Panel would caution that there is no time to become complacent. There is still a considerable amount of work to do and a significant number of barriers to overcome if the recommendations of the IJCI are to be implemented fully.
The Review Panel has therefore made recommendations which it hopes will assist in the implementation of the IJCI recommendations at this stage, and will continue to monitor the work undertaken to ensure that the necessary changes are implemented correctly and in a timely manner.

8. Appendix One

Panel Membership

The Care of Children in Jersey Review Panel is comprised of the following States Members:

Deputy Rob Ward , Chairman

Deputy Kevin Pamplin, Vice-Chairman

Senator Kristina Moore

Deputy Trevor Pointon

Deputy Mike Higgins

Deputy Mary Le Hegarat

* Deputy Le Hegarat resigned from the Panel prior to the report's publication but was involved in the evidence gathering and preparation of the report

Terms of Reference

The Review Panel's* Terms of Reference are as follows;

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

*These Terms of Reference relate to the overall focus of the Review Panel as established by the Chairmen's Committee. As this review and report is focussed on the general response to

the IJCI (and evidence received), it has not established any specific Terms of Reference. It is intended that further Terms of Reference will be established for any specific reviews the Review Panel may undertake (i.e. legislation relating to the IJCI implementation).