Words : Advocate Chris Hillier, Head of Family Law at Ingram Advocates.
Advocate Chris Hillier, Head of Family Law, Ingram Advocates, discusses safeguarding and the impact of the Children and Young People (Jersey) Law 2022.
The Children and Young People (Jersey) Law 2022 (the Law) was enacted in March this year. Overall, the Law promotes and strengthens accountability for the protection of children and young people in Jersey.
What is safeguarding?
The NSPCC defines safeguarding as “the action that is taken to promote the welfare of children and protect them from harm.”
What does the Law do?
The Law forms part of the Government’s response to the final report of the Independent Jersey Care Inquiry, and its purpose ( the “overriding objective”) is to promote and support the wellbeing, and to safeguard the welfare of children and young people in the Island. Taking a step back to 2017 when the Inquiry’s final report was published, it was the experience of children within the care system that was at the heart of the Inquiry’s work. That report identified individual and systemic failings and made recommendations for the future management and operation of Jersey’s residential and foster homes, to ensure the island provided a safe and secure environment for the children in its care.
The Children’s Commissioner
Running throughout the Law is a duty to consult the Children’s Commissioner, whose role is to promote and protect children’s rights in Jersey, when Ministers publish or revise guidance.
New responsibilities
The Law invokes a duty on the Minister for Children and Education to assess the requirements of children with health or development needs, children in care and care leavers, along with placing a duty on the Minister to provide a range and level of services appropriate to meet the assessed needs of these groups of children and care leavers.
There is a further duty to:
• promote wellbeing and to publish a children and young people’s strategic plan every four years.
• review child deaths.
• provide a framework of support for children in care and care leavers, and
• to make arrangements for independent advocacy for certain groups and establish a procedure for complaints and representation.
Responsible Ministers and ‘Safeguarding Partners’ must also ensure that:
• children and young people are protected against all forms of unlawful discrimination;
• they have the best interests of children and young people as a primary consideration.
Who are the Safeguarding Partners?
The Law confirms certain Chief Officer roles in the States of Jersey as ‘Safeguarding Partners’ (Article 5), to ensure individual accountability and to maintain a consistent approach by children and adult services.
Safeguarding Partners include the Chief Officer, States of Jersey Police, the Chief Executive and Head of the Public Service, as well as the Chief Officers of CYPES, Health and Community Services and the Justice and Home Affairs Departments.
A Safeguarding Ministerial Group is responsible for ensuring that Ministers understand their duties, and to consider priorities for reform, as well as to ensure a collaborative style of working.
Conclusion
Some seven years after the conclusions of the Independent Jersey Care Inquiry, the new Law is a statutory effort to avoid previous failings relating to children in care and care experienced people. It is hoped that the specific accountabilities of Ministers and Safeguarding Partners will create a consistent, high-level approach, and greatly improve the experience of looked after children and young people in Jersey.
