Ministerial Response - Response to the Care Inquiry Update Report November 2019 - 7 February 2020

Findings

Comments

1

The  Youth Justice  Review was scoped and  completed,  with  recommendations for the future direction of the system put forward within the report. This work has now started and is ongoing, however, it is still too early to identify the progress made.

Additional policy capacity has been allocated to this  work  programme  to  develop  a  modern, cohesive and connected criminal justice policy for Jersey, which puts children first. The aim is to  create  a  welfare  orientated,  multi-agency, youth justice strategy.

2

The  Youth  Justice  Review  gave  a positive view on the Parish Hall Inquiry system.  The  Independent  Jersey  Care Inquiry recommended within its two-year report  that  this  system  should  be reviewed, especially in relation to how it interacts with children.

The  Parishes  will  be  a  key  stakeholder  in reviewing  and  implementing  a  welfare-based youth justice system. The Government Pan sets out a commitment to consider the training and awareness of participants, how children might be best prepared for Parish Hall enquiries, and the restorative justice elements of the process, the wider project is scheduled to run until 2022.

3

The  Youth  Justice  Review  gave  a positive  view  on  the  operation  of Greenfields.  The  Independent  Jersey Care  Inquiry  recommended  in  its  two- year report that all residential child care should be moved from the site. It also recommended that the building should be demolished  and  replaced  with  small homely units within which close support can be provided when necessary.

Following  an  Independent  review  of Greenfields,  the  Minister  and  the  Council  of Ministers  supported  the  current  approach  to Greenfields  which  acknowledged  that  there remains a need for a small number of secure places in Jersey. In future the current unit will be  redeveloped  with  options  for  future development to be scoped working with the full range of stakeholders. A programme of work will be brought forward during 2020 to redesign

and redevelop services on the current campus.

4

The Children's Legislative programme is broken down in to three phases, the first of which has commenced in 2019. The second phase will begin in 2020 and the third 2021.

A  key  component  of  the  phase  2  of  the Children's  Legislative  Transformation Programme  is  the  broadening  of  types  of children  services  that  the  Jersey  Care Commission  can  inspect.  At  present  law drafting  will  cover  the  following  services: Fostering  and  Adoption,  Social  Work, Children's  Contact  Centres,  Children Adolescent  Mental  Health,  Children's Community Health Care Services.

5

It has been suggested that as part of the legislation  transformation  programme, The  Law  Reform  (Miscellaneous

The  Minister  is  aware  that  officers  are exploring how the removal of the current set time period in respect of crime relating to abuse could be incorporated into law in Jersey.

Provisions) (Jersey) Law 1960 should be

amended to remove the 3-year limitation period  in  respect  of  crime  relating  to abuse.  It  is  suggested  that  this  would increase the time period in which victims would  have  to  report  any  abuse  and begin legal proceedings.

6

A review of the operation of Greenfields has  been  conducted,  with  the  findings published in October 2019.

Following  an  independent  review  of Greenfields,  the  Council  of  Ministers supported the current approach to Greenfields, which acknowledges that there remains a need for secure places in Jersey, albeit a very small number.

7

In its two-year review, the Independent Jersey  Care  Inquiry  Panel  stated  its opinion  that  Greenfields  in  its  current design was unsuitable for young people and urgent consideration should be given to developing alternative models to deal with young offenders.

A programme of work will be brought forward during 2020 to redesign and redevelop services on  the  current  campus.  This  will  include  a significant  decrease  in  the  number  of  secure care places available.

8

The  Children's  Plan  has  been implemented  since  early  2019  and  the Children's Strategic Partnership Board is due  to  report  back  on  the  first  year's progress in early 2020.

The  Minister  for  Children  and  Housing supports  the  continued  focus  on  measuring outcomes  as  a  way  of  understanding  if  any difference is being made to children's lives. A government  Performance  Report  will  be published in February 2020 which will provide an assessment of progress against key outcomes for children during 2019.

9

In its two-year review, the Independent Jersey  Care  Inquiry  Panel  found  that there  was  no  clarity  as  to  how  the objectives  of  the  Children  and  Young People's  plan  would  be  delivered  and resourced, and in what timescale.

10

A  proposition  detailing  the  roles  and responsibilities  of  States Members  was lodged  by  the  previous  Privileges  and

The  Minister  for  Children  and  Housing  will seek support of the Chair of the Privileges and Procedures Committee to re-examine ways of

Procedures  Committee,  however,  this was later withdrawn.

recognising  the  importance  of  corporate parenting in the duties and conduct of States members.

11

There is no legal definition of Corporate Parent in Jersey Law. This has in turn led to disagreement across the Membership of  the  States  Assembly  as  to  the responsibilities  they  would  hold  as corporate  parents.  It  is  intended  for legislation  to  be  brought  forward  that clarifies the role of corporate parent in the Jersey context.

12

The Corporate Parenting Board has been established  and  has  published  a Corporate  Parenting  Framework  which sets out a preferred policy position.

The Minister for Children and Housing remains committed to chairing the Corporate Parenting Board  which  provides  political  oversight  and leadership  in  this  important  area  of Government.

13

A  proposition  to  introduce  an  elected speaker  of  the  States  Assembly  was lodged  during  the  previous  Assembly and  in  turn  amended  to  require  a referendum to take place on the role of the Bailiff as President of the States. The referendum  act  was  subsequently rejected by the current States Assembly.

The Minister for Children and Housing remains committed to ending the dual role of the Bailiff

14

The  Independent  Jersey  Care  Inquiry commented in its two-year report that the Island's  reluctance  to  progress  on  the separation of powers issue (a matter it says  sits  at  the  center  of  the  negative perception  of  the  Island)  further strengthens  the  negative  perception  of the Jersey Way'.

The Minister for Children and Housing remains committed to ending the dual role of the Bailiff

15

Whilst  there  have  been  some  positive developments  (appointment  of  a Children's Commissioner and advocacy support) and proposed developments to provide  means  of  redress  (including  a Public Services Ombudsman) the Review Panel is concerned that there appears to have been little tangible progress made in addressing the wider implications of the perceived Jersey Way' at this time.

The  Minister  notes  that  establishing  new independent  entities  in  law  e.g.  Care Commission,  Children's  Commissioner,  to examine and challenge Government decisions has been a significant development following the  Care  Inquiry  Review.  In  addition,  the Government Plan includes investment to further enhance  the  scrutiny  functions  to  strengthen this important part of the policy and legislative process. Proposals will be brought before the Assemble in 2020 that include the requirement for  all  policy  and  legislation  debated  in  the Assembly  to  have  due  regard'  of  children's rights and will in part form a transparent and deliberate focus on children.

16

A public consultation was undertaken in respect of the future of the Haut de la Garenne site. 87.8% of the respondents strongly disagreed with the Independent Jersey  Care  Inquiry's  recommendation that the building be demolished.

Options  for  the  future  of  the  site  and  the adjacent  Aviemore  site  have  been  explored during 2019; Ministers considered a proposal in October and have asked officers to undertake further validation of the preferred option, prior to a final decision being made about how to best redeem the site. Full consultation with the members of the Citizen's Panel has also been undertaken.

An  announcement  will  be  made  in  January 2020. The Minister can confirm that as part of this work, consideration is being given to the relation  of  a  legacy  fund  to  benefit  care experienced islanders.

17

The  Council  of  Ministers  accepted  the findings of the consultation and agreed to engage with stakeholders to explore the future use of the site.

Officers have been engaging with stakeholders to  explore  the  Haut  de  la  Garenne  site.  An important part of this engagement involves the Citizen's Panel.

18

The  Independent  Jersey  Care  Inquiry Panel maintained in its two-year review that  the  Haut  de  la  Garenne  building should be demolished as the design of the building is still not suitable for the supervision and safeguarding of children.  

The Minister agrees that robust and validated safeguarding and safety measures need to be guaranteed at the former Haut de la Garenne site, as with all venues offering activities for children.

19

A  Citizen's  Panel  was  established  in 2018  which  brought  forward recommendations that were accepted by the Council of Ministers in respect of the legacy  issues  identified  in  the Independent Jersey Care Inquiry.

The  Minister  agrees  that  the  work  of  the Citizen's Panel has been commendable that the commitments which have been made to taking forward their recommendation should be seen through.

20

The Citizen's Panel are of the view that some of its recommendations have been completed, however, there are significant concerns about a lack of movement in implementing  the  public  memorial  and therapeutic  and  advocacy  services  for survivors of abuse.

The  Minister  was  invited  to  attend  the  most recent  Citizen's  Panel  meeting  (December 2019) where he was updated on the progress being made on the memorial. It is anticipated that a commissioning process will be launched early in 2020.

The Government Plan include new funding to support  Health  and  Community  Services  to develop and deliver a trauma informed pathway which will enable timely support and guidance for those adults who have experienced abuse in the past.

21

The Citizen's Panel are of the opinion that not enough has been done in order to bring forward advocacy and therapeutic services for survivors of abuse.

The  development  of  a  trauma  informed pathway  and  network  is  one  of  a  range  of responses designed to meet the mental health needs of complex trauma clients in support of their recover. A business case for an effective and  sustainable  complex  trauma  pathway  of

care and network for adults in Jersey has been submitted as part of the government Plan 2020- 2023,  requesting  the  necessary  resource  to increase staffing capacity and capability.

22

The  Government  Plan  contains significant  proposals  to  increase  the advocacy  support  available  to  children and  young  people  in  the  care  system. These  services,  however,  are  not extended to adults at this time.

The  Minister  signed  a  contract  with  Jersey Cares to enable them to provide independent advocacy for care leavers on the 7th December. In commissioning this service, the Government of Jersey is delivering on its pledge to children and  young  people,  published  in  September 2017.  The  Government  Plan  contains  an allocation  of  resource  towards  a  trauma informed pathway, elements of which could be considered  to  develop  advocacy  support  for adults.

Recommendations

To

Accept/ Reject

Comments

Target date of action/ completion

1

The Minister for Children and Housing should, in consultation with the relevant Ministers and stakeholders, seek to progress a review of the Parish Hall Inquiry system, specifically how it interacts with children and young people.

Minister for Children and Housing

Accept

The Minister notes the commitment in the Government Plan to develop new policy that reflects changes in approach to child protection and the development of a welfare-based approach to youth justice.

This change in policy will be developed and implemented in partnership with several stakeholders including the Parish Hall s.

Commence January 2020

2

The Minister for Children and Housing should bring forward an action plan, which details the response to the findings of the review of Greenfields and proposed response to the Independent Jersey Care Inquiry's comments about the operation of the facility, by the end of Q1 2020.  

Minister for Children and Housing

Accept

Following an independent review of Greenfields, the Council of Ministers supported the current approach to Greenfields, which acknowledges that there remains a need for secure places in Jersey, albeit a very small number.

A project plan will be developed to support future changes to the services delivered at Greenfields. In the

Commence January 2020

short term, the current unit will be redeveloped with options for future development to be scoped during 2020 with a full range of stakeholders.

A wider programme of work will be brought forward during 2020 to redesign and redevelop services on the current site.

3

The Minister for Children and Housing should publish alongside the next Government Plan (2020) a central register that sets out the individual departmental allocations for implementing the Children and Young People's plan.  

Minister for Children and Housing

Reject

The Government Plan (2020- 2023) and its supporting documents sets out the allocation of resource according to the Council of Ministers Priorities including Putting Children First'.

All allocations to supporting services for children should be considered as contributing to the overall vision of the Children's Plan which is that all children should have an equal opportunity to be safe, flourish and fulfil their potential'

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4

The Minister for Children and Housing should progress the legislation that defines the role of corporate parent in Jersey. This should be a matter of priority within the Children's Legislation Transformation Programme. The legislation should be finalised and lodged for debate in the States Assembly by the end of Q4 2020.

Minister for Children and Housing

Accept

The Minister for Children and Housing agrees with the importance of corporate parenting and notes that current legislative proposals to amend the Children's (Jersey) Law 2002

States Assembly debate December (2020)

are at present out for public consultation.

5

The Council of Ministers should identify and allocate capital funding in order to update the building and bring it into line with modern safeguarding requirements. This should be completed for inclusion within the next Government Plan for 2021.  

Minister for Children and Housing

Accept

The Minister's agree that robust and validated safeguarding and safety measures need to be guaranteed at the former Haut de la Garenne site. A proposed plan for the site is due to be considered by Council of Ministers in January and subsequent planning and capital allocation timelines will be identified.

Council of Ministers Decision January (2020)

6

The Minister for Children and Housing should assume

Minister for

Reject

The Minister and the wider Council of Ministers are

 –

responsibility for the budget to implement the recommendations arising from the Citizens' Panels report.

Children and Housing

committed to continue to provide political support to the Citizen's Panel.

The Minister is satisfied that there is clear line of officer responsibility for budget currently allocated to delivering on the Citizen's Panel's recommendations.

7

The Council of Ministers should fast track the plans for the public memorial to survivors of abuse with a view to it being completed and in place prior to the first annual children's day in 2020.

Minister for Children and Housing

Noted

The Minister for Children and Housing agrees in principle with the need to progress the plans for the memorial as quickly as possible.

The Minister was invited to attend the most recent Citizen's Panel meeting (December 2019) where he was updated on the progress being made on the memorial. It is anticipated that the memorial commissioning process will be launched early in 2020.

Short list for Memorial Design Competition May (2020)

8

The office of the proposed Public Service Ombudsman should include an advocacy service for vulnerable adults and survivors of abuse to assist them when dealing with Government Departments.

Chief Minister

Reject

The Minister rejects the panels proposal of attaching support to the Public Service Ombudsman as this role must remain independent in considering complaints and cannot therefore act as an advocate for any group.

The Minister agrees with the importance of effectively supporting / signposting vulnerable adults and survivors of abuse to access Government services and proposes a more bespoke offer of assistance delivered through the Customer and Local Services.

The Minister also notes the continued excellent work of the Citizen Advice Bureau (funded by the Government) which supports a range of people to access Government Departments.

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