Stronger voice for children in need under proposed new law

Wednesday 08 December 2021

Vulnerable children will have the right to an independent advocate to give them a voice under a new law designed to better protect young people in Jersey.

The Children and Education Minister has put forward a piece of legislation aiming to address many of the outstanding recommendations of the Independent Care Inquiry.

There is currently no legal requirement for a child to be assessed to see if they need support or intervention before there is cause to suspect that he or she is suffering or likely to suffer significant harm.

If passed, the Children and Young People Law would rectify that. It puts a duty on the Minister to assess the needs of children with health or development needs, children in care and care leavers.

The Minister will also be legally obliged to “make arrangements to promote co-operation and wellbeing”, and to publish a children and young people’s strategic plan.

The draft law also introduces a range of measures around the wellbeing of children in care and care leavers, including corporate parenting, which is when the Government takes formal responsibility for a child.

Pictured: Education Minister Deputy Scott Wickenden says that the new law should mean fewer children going into care.

As well as incorporating recommendations made by the Care Inquiry, which was set up in the wake of an investigation into allegations of child abuse at Haut de la Garenne, the law also brings Jersey more into line with UK and international legislation.

At a practical level, it makes provision for the assessment of children’s wellbeing and for individual plans to be drawn up where they either have an assessed wellbeing, health or development need.

It also formalises child safeguarding arrangements and the joint agency working that has already been established through the Safeguarding Partnership Board.

The law defines corporate parenting duties and responsibilities and sets out who the corporate parents are. It establishes a Corporate Parenting Board in law and sets out in detail what the level of support that children in care or those who have left care should receive.

It also requires the Minister to make “reasonable arrangements” to make provision for independent advocacy, appointing a trained individual to make sure a child gets all the support that they are entitled to.

Setting out why the law is needed, Deputy Wickenden said: “The absence of legislative underpinning for preventative services has contributed to interventions arriving too late and where they do happen, they are applied inconsistently. 

“This inconsistent service provision has been compounded by the absence of a legal duty on providers of services for children to co-operate.

“The historic balance of services with less emphasis on early support and prevention has also contributed to the numbers of children coming into care. 

“An unclear legal requirement for assessment, care planning and services for children in care and for those leaving care has also meant that many children in care and leaving care have had poor experiences which has a major impact on their quality of life and opportunities.”

He added: “The provisions of this draft law, along with guidance and training to support implementation and provide further interpretation as to the requirements of the draft law will help strengthen existing children’s legislation and support good practice across the children’s workforce by underpinning earlier assessment, support and intervention to promote and protect children and young people’s wellbeing.”