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Children's Services: Independent Inspection: Permissions for Ofsted Inspectors

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 September 2019:

Ministerial decision reference   : MD-HSS-2019-0039

 

Decision summary title:

 

Independent Inspection of Children’s Services – permissions for Ofsted inspectors  

 

Decision summary author

Private Secretary for the Minister for Children and Housing  

Is the decision summary public or exempt? 

Public

 

Report title:  

 

Independent Inspection of Children’s Services – permissions for Ofsted inspectors 

 

 

Report author or name of

person giving report

 

 

Is the report public or exempt?

 

Decision and reason for the decision

 

For the purpose of enabling Ofsted Inspectors to undertake an assessment of the Children’s Social Work Service on behalf of the Care Commission and in accordance with the request from the Chief Minister made in MD-C-2019-0108 (the “Ministerial Decision”), The Assistant Minister for Health and Social Services  granted permission to Ofsted inspectors to:

 

  • enter any premises (other than a private dwelling house) used for on in connection with the delivery of Children’s Social Work Services.
  • engage with social work practioners 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 Assistant Minister for Health and Social Services authorises Ofsted officers engaged to undertake an inspection of the Children’s Social Work service, access to relevant records held by the Health and Community Services and the Children, Young People, Education and Skills Departments subject to a requirement to maintain the confidentiality of those documents.

 

REASON FOR THE DECISION:

The Health and Social Care Commission inspection powers under the Regulation of Care (Jersey) Law 2014 are in place to inspect regulated services. However, the Children’s Service is not a regulated activity under the 2014 Law at present. Therefore, 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 Assistant 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 Assistant Minister for Health and Social Services grants Ofsted permission to access such premised, 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

Senator Sam Mézec

Assistant Minister for Health and Social Services.

 

 

Date signed

 

Effective date of the decision

 

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