Children's Services Independent Inspection Report: Request

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A decision made 31 August 2017:

Ministerial decision MD-C-2017-0115
Decision summary title Independent Inspection of Children’s Services – Article 38 Regulation of Care (Jersey) Law 2014
Decision summary author	Director, Children’s Policy	Is the decision summary public or exempt?		Public
Report title Independent Inspection of Children Services – Article 38 Regulation of Care (Jersey) Law 2014
Report author or name of person giving report	Director, Children’s Policy	Is the report public or exempt?		Public
Decision and reason for the decision The Chief Minister requested, in accordance with Article 38 of the Regulation of Care (Jersey) Law 2014, a report on Children’s Services that offers an updated assessment, by an external independent agency, and which addresses the concerns expressed by the Independent Jersey Care Inquiry. The Independent Jersey Care Inquiry recommended independent inspection arrangements of children’s services that will have the confidence of children, staff and the wider public. In order to provide independent oversight, the Chief Minister has requested the Jersey Care Commission, which is itself an arms-length body, to lead on commissioning independent inspectors to undertake the necessary work. This will include the Care Commission determining relevant matters, including scope, timeframe and schedule for inspections, as well as the external inspection agency to be used. This report will be in addition to current considerations by the Care Commission regarding the wider schedule of inspections relating to children, which currently include Children’s Homes.
Resource implications There will be additional resources required during 2018 to enable the Care Commission to contract independent external inspectors to complete the required inspections, which will be requested once the scope has been determined by the Commission.
Action required Chief Minister to write to the Care Commission to request the required report. .
Signature			Position Senator I J Gorst Chief Minister

Date signed			Effective date of the decision

Children's Services Independent Inspection Report: Request

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Chief Minister Department

Ministerial Decision Report

Independent Inspection of Children Services – Article 38 Regulation of Care (Jersey) Law 2014

Purpose of Report

To enable the Chief Minister to address the Independent Jersey Care Inquiry (IJCI) recommendation regarding independent external inspection of children services.

Background

The final report of the Independent Jersey Care Inquiry into the abuse of children in the Island's care system over many years was published on Monday 4th July 2017.  The Inquiry’s final report identified individual and systemic failings and made eight main recommendations, one of which was specifically regarding Inspection arrangements of children services.

We recommend that Jersey establish a truly independent inspection arrangement for its children’s services, which will have the confidence of children, staff and the wider pubic. We believe that it is vital that, within 12 months of our Report, a statutory basis for inspection is established. (Independent Jersey Care Inquiry 2017 p58).

The Jersey Care Commission was established at the beginning of 2017 under the Regulation of Care (Jersey) Law 2014 (“the Law”). The Law includes provision for the establishment of a Health and Social Care Commission, independent of the Minister for Health and Social Services, the Chief Minister and the States. The appointment of a Jersey Care Commissioner has already been made (MD-C-2017-0051). The Care Commission will become fully operational once the enabling Regulations come into force in early 2018.

The Jersey Care Commission has a number of statutory functions including, inter alia, responsibility for the regulation of children’s services, including independent inspection of residential care services for children and young people in Jersey. Its independence is protected by Law, which disqualifies any person who is or has worked for the Health and Social Services Department as either a contractor or employee and any person who has or has had any other interest in the provision of health and social care in the Island, to hold the position of a Commissioner.

The Chief Minister has received support from the Care Commissioner to make additional arrangements for the independent inspection of children services, as announced on 24th July 2017 [1]. The inspection will be undertaken in accordance with Law and commissioned under article 38 (1) and (2) of the Law, which enables the Chief Minister ask the Commission to prepare and report upon an aspect of health and social care. Inspectors will be appointed in-line with article 24 of the Law. Any information obtained in the course of the inspection will be subject to the provisions of Part 6 of the Law.

Recommendation

That the Chief Minister requests, in accordance with Article 38 of the Regulation of Care (Jersey) Law 2014, a report on children’s services that offers an updated assessment, by an external independent agency, and which addresses the concerns expressed by the Jersey Care Inquiry.

This would be in addition to the Care Commissions current work plan which currently includes establishing a schedule of external independent inspection of Children Homes.

Director, Children’s Policy

24th August 2017

[1] https://www.gov.je/News/2017/Pages/IndependentInspectionChildrensServices.aspx