Children's Social Work Service: Independent Inspection: Permissions for Ofsted

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 5 April 2018:

Decision Reference: MD-HSS-2018-0016
Decision Summary Title :	Independent inspection of Children’s Social Work Service – permissions for Ofsted inspectors		Date of Decision Summary:	3 April 2018
Decision Summary Author:	Head of Professional and Care Regulation		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Independent inspection Of Children’s Social Work Service – permissions for Ofsted inspectors		Date of Written Report:	3 April 2018
Written Report Author:	Head of Professional and Care Regulation		Written Report : Public or Exempt?	Public
Subject: Independent inspection of children’s social work service – permissions for Ofsted inspectors
Decision: For the purposes of enabling Ofsted Inspectors appointed by the Health and Social Care Commission, to undertake an assessment of the Children’ Social Work Service in accordance with the request from the Chief Minister made in MD-C-2017-0115 (the “Ministerial Decision”), the Minister for Health and Social Services granted permission to Ofsted inspectors to: enter any premises (other than a private dwelling house) used for or in connection with the delivery of Children’s Social Work Services engage with social work practitioners and other members of staff employed in the Health and Social Services Department engage or examine any other aspect of the delivery of the Children’s Social Work Service as is necessary to produce the report referred to in the Ministerial Decision have access to relevant records held by the Health and Social Services Department for the purpose of the inspection subject to appropriate confidentiality requirements Interpretation the term “staff” includes those employed, contracted to provide services or acting in a volunteer capacity the term “engage” includes interview observe, interview (formally or informally) and discuss any aspect of the delivery of Children’s Services “stakeholders” includes (but is not limited to) those in receipt of, or engaged with, Children’s Services, their families and organisations with an interest in the delivery or impact of Children’s Services To ensure that the inspectors from Ofsted are working within the requirements of the Data Protection (Jersey) Law 2005, the Minister for Health and Social Services authorises Ofsted officers engaged to undertake an inspection of the children’s social work department access to relevant records held by the Health and Social Services Department subject to a requirement to maintain the confidentiality of those documents.

Reason for decision: The Health and Social Care Commission inspection powers under the Regulation of Care (Jersey) Law 2014 are not yet commenced. To ensure Ofsted, acting as an agent of the Health and Social Care Commission, has the necessary legal authority to undertake an inspection of the Children’s Social Work Service, the Minister for Health and Social Services gives permission to Ofsted officers to undertake such activity as is necessary to complete an inspection and produce a report.
Resource Implications: The inspection will have resource implications for the Children’s Social Work Service in terms of staff time required to prepare for the inspection and service improvements that may be required following the outcome of the inspection.
Action required: The Minister for Health and Social Services grants Ofsted permission to access such premises, staff and documents as are required in order to complete an inspection and produce a report on the Children’s Social Work Service.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):