Fostering and Adoption Policies and Procedures

​​​​​​Request 858046829

I am requesting copies of, or access to, the following recorded information held by Children, Young People, Education and Skills (CYPES), Children's Services and Fostering & Adoption Services. 

1. Policies, procedures or guidance governing sibling contact for looked after children where contact requires travel outside Jersey.

2. Policies, procedures or operational guidance relating to the implementation of Court-ordered sibling contact, including any expected or target timescales for initiating, arranging and facilitating such contact.

3. Policies or guidance explaining how delays in implementing Court-ordered sibling contact should be managed, including recording reasons for delay and any escalation process.

4. Policies or guidance setting out the respective responsibilities of Children's Social Workers, Supervising Social Workers and Foster Carers in planning, arranging and facilitating sibling contact.

5. Policies or guidance relating to foster carers facilitating off-island or overseas contact, including travel, supervision and practical arrangements.

6. Policies or guidance concerning consultation with foster carers before significant changes to contact arrangements or Care Plans are implemented.

7. Policies or guidance setting out what information from Court Orders, Care Plans or Contact Plans should routinely be shared with foster carers where those documents impose responsibilities or expectations upon them.

8. Placement matching policies or guidance requiring significant placement expectations, including anticipated off-island travel commitments or regular travel commitments, to be discussed with prospective foster carers before placement.

9. Policies or guidance concerning reimbursement of expenses, loss of earnings or financial support where foster carers facilitate off-island contact.

10. Policies, procedures or protocols governing Standard of Care investigations concerning foster carers, including expected investigation timescales, reporting requirements, communication with foster carers and supervisory oversight.

11. Copies of any published or internal service standards, performance standards or Key Performance Indicators (KPIs) used to monitor compliance with timescales relating to Children's Services, Fostering & Adoption Services or Standard of Care investigations from 1 January 2025 to the present.

12. Policies or guidance setting out how and when foster carers should be informed of responsibilities or expectations arising from Court Orders, Care Plans or Contact Plans following placement or following any subsequent Court Order. 

Where any requested document has been superseded since 1 January 2025, please provide both the current version and the version that was in force at the relevant time.

Response

1. Please see the links below for published documents which provide the frameworks for looked after children which contain reference to travel outside of Jersey, Article 23 of the Freedom of Information (Jersey) Law 2011 is applied.

Jersey Care Commission Care Standards Social Work for Children and Young People: Childrens-Social-Work-Standards-Revised-20250328-1.pdf​

Support Entitlement for Children in Care: ID Support Entitlement for Children in Care EW.pdf

Children (Contact in Care) (Jersey) Regulations 2005: Children (Contact in Care) (Jersey) Regulations 2005

Children (Jersey) Law 2002: https://www.jerseylaw.je/laws/current/l_50_2002_20240226​

2. There is no policy, procedure or operational guidance relating to the implementation of Court-ordered sibling contact, including any expected or target timescales for initiating, arranging and facilitating such contact as a court order is legally binding and must be abided by.

Implementation of Court-ordered sibling contact is conducted on a child-by-child basis. Following the receipt of a court order, the Scheduled Public Authority (SPA) will provide a plan to the court as to how the child’s needs will be met whilst off island and in accordance with that specific court order. Article 3 of the Freedom of Information (Jersey) Law 2011 is applied.

3. There is no policy or guidance explaining how delays in implementing Court-ordered sibling contact should be managed, including recording reasons for delay and any escalation process as this falls within the scope of the court order which is legally binding and must be abided by. If the conditions of the court order are not met, the SPA can be taken back to court for failing to abide by the court order. Article 3 of the Freedom of Information (Jersey) Law 2011 is applied.

4. There is no policy or guidance setting out the respective responsibilities of Children's Social Workers, Supervising Social Workers and Foster Carers in planning, arranging and facilitating sibling contact. Article 3 of the Freedom of Information (Jersey) Law 2011 is applied.

The attached templates (Delegated Authority Plan – Attachment 1 and Placement Plan – Attachment 2) provide details on how arrangements are made on a child by child basis. Social workers ensure the Placement Plan matches for each child in a sibling group. The allocated Jersey’s Children First (JCF) Lead Worker will ensure the Delegated Authority Plan and Placement Plan are completed. JCF is the overarching framework for all professionals who work with children and young people. Further information can be found at this link: https://www.gov.je/Caring/JerseysChildrenFirst/pages/index.aspx

FOI 858046829 Attachment 1 Delegated Authority.pdf

FOI 858046829 Attachment 2 CoramBAAF Placement Plan.pdf

FOI 858046829 Attachment 3 Standard of Care Concern Investigation Report.pdf​​

5. There is no guidance relating to foster carers facilitating off-island or overseas contact, including travel, supervision and practical arrangements. This is considered in the context of individual children. Article 3 of the Freedom of Information (Jersey) Law 2011 is applied.

The Support Entitlement for Children in Care document provides information relating to off island contact: ID Support Entitlement for Children in Care EW.pdf​. If a court order is in place, the SPA must abide by the Court's instructions.

The Delegated Authority Plan and Placement Plan (please see attachments) provide details as to these arrangements on a child-by-child basis.

6. There is no policy or guidance concerning consultation with foster carers before significant changes to contact arrangements or Care Plans are implemented. Article 3 of the Freedom of Information (Jersey) Law 2011 is applied.

All professionals will attend a Team Around the Child (TAC) meeting where any significant changes in contact arrangements will be discussed. Information in relation to TAC meetings can be found in Section 9 of the Social Work for Children and Young People document: Childrens-Social-Work-Standards-Revised-20250328-1.pdf​

The appropriate professional identified in the TAC meeting will be allocated the task of ensuring the foster carer is kept up to date with any significant changes to contact arrangements.

7. There is no policy or guidance setting out what information from Court Orders, Care Plans or Contact Plans should routinely be shared with foster carers where those documents impose responsibilities or expectations upon them. Article 3 of the Freedom of Information (Jersey) Law 2011 is applied.

Foster Carers will receive copies of the Care Plan, contained within which is the contact plan. Court Orders will be appropriately shared where there are actions for the Minister and where this affects the Foster Carer.

8. There is no placement matching policy or guidance requiring significant placement expectations, including anticipated off-island travel commitments or regular travel commitments, to be discussed with prospective foster carers before placement. Article 3 of the Freedom of Information (Jersey) Law 2011 is applied.

The Delegated Authority Plan and Placement Plan (please see attachments) will contain these details for all professionals working with the child to review.

9. There is no current guidance concerning reimbursement of expenses, loss of earnings or financial support where foster carers facilitate off-island contact. Article 3 of the Freedom of Information (Jersey) Law 2011 is applied.

10. There is no policy, procedure or protocol governing Standard of Care investigations concerning foster carers, including expected investigation timescales, reporting requirements, communication with foster carers and supervisory oversight. The Standards of Care Policy is currently under development. Article 35 of the Freedom of Information (Jersey) Law 2011 is applied.

The Standard of Care Investigation Report (Attachment 3) is the template used for investigations.

All professionals working across adoption, fostering and kinship care must abide by the Coram BAAF best practice guidance, further information can be found here: https://corambaaf.org.uk/gad_source=1&gad_campaignid=1687325999&gclid=EAIaIQobChMIouWmltyElgMVmo2DBx0HVwY5EAAYASAAEgKaq_D_BwE

Additional information regarding investigations can be found on the Jersey Care Commission website, ‘Jersey Care Commission Care Standards for Fostering Services’ in ‘Standard 16: Allegations and suspicions of harm are handled appropriately’. https://carecommission.je/wpcontent/uploads/2024/08/STD_CS_Fostering_20240802_v1.pdf

11. There are no published or internal service standards, performance standards or Key Performance Indicators (KPIs) used to monitor compliance with timescales relating to Children's Services, Fostering & Adoption Services or Standard of Care investigations from 1 January 2025 to the present. Article 3 of the Freedom of Information (Jersey) Law 2011 is applied.

12. Please see response to Question 7

Articles Applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a) it is held by the authority, otherwise than on behalf of another person; or

(b) it is held by another person on behalf of the authority.

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.​

Article 35 - Formulation and development of policies

Information is qualified exempt information if it relates to the formulation or development of any proposed policy by a public authority.

Public Interest Test

Article 35 is a qualified exemption and, as such, CYPES have conducted a public interest test as required by law.

CYPES have assessed whether, in all the circumstances of the case, the public interest in supplying the information is outweighed by the public interest in maintaining the exemption.

Public interest considerations favouring disclosure:

• disclosure of the information would support transparency and promote accountability to the general public.

• disclosure of information provides confirmation that appropriate consultation and necessary discussions have taken place

• disclosure to the public fulfils an educative role about the early stages in policy development and illustrates how Government departments engage with parties for this purpose

Public interest considerations favouring maintaining the exemption:

• Sharing views is important to ensure that all relevant considerations are taken into account in developing and implementing policy; in order to best develop policy, Officers and Ministers need a safe space within which free and frank discussion can take place, where officials and subject-matter experts may provide advice about the possible impact of proposed policy, and where Ministers and officials are able to test proposed policies in a comprehensive way.

• Without the above, the ability of officials to consider and develop policy away from external pressures, and to advise Ministers appropriately would likely be impacted.

• Whilst the need for this safe space is considered at its greatest during the live stages of a policy, the use of the exemption can be supported if it preserves sufficient freedom during the policy formulation phase to explore options without that process being hampered by some expectation of future publication.

• Disclosure of this information may limit the willingness of parties to provide their honest views and feedback in future. This would hamper and harm the policy-making process, not only in relation to this subject area, but in respect of future policy development across other areas of CYPES and Government business.

• Other processes which will impact upon the final policy content are currently still in progress and must be concluded before the policy in development can be agreed.

It is recognised that there is a public interest in transparency. However, having considered the public interest, CYPES has concluded that the public interest in disclosing this information is outweighed by the public interest in maintaining the exemption.​