Children
and Young People (Jersey) Law 2022
Adopted
by the States 8th February 2022
Sanctioned
by Order of Her Majesty in Council 11th May 2022
Registered by the Royal Court 20th May 2022
Coming into force in accordance with Article 48
THE STATES, subject to the sanction of Her Most
Excellent Majesty in Council, have adopted the following Law –
part 1
interpretation
and overriding objective
1 Interpretation
(1) In
this Law –
“administration
of the States” has the definition given in the Employment of States Employees
Law;
“appointed
person” means a person appointed under Article 20(1) to prepare a
wellbeing plan in respect of a child entitled to a wellbeing plan under Article 17
or 18;
“care
leaver” means –
(a) subject to paragraph (2), an individual aged 16 up to
(but not including) the age of 25 who has been looked after by the
Minister for a minimum period of 13 weeks, whether in aggregate or
consecutively, from the age of 14 up to (but not including) the age of 18;
or
(b) an individual who is of such description as the Minister may by
Order specify, and who at any time before the age of 18 was looked after
by the Minister but ceased to be so looked after before that age;
“chief
officer” means the senior States’ employee of a department or unit of
administration established on behalf of the States;
“children” means individuals
who have not reached the age of 18;
“children
and young people services” means the function discharged in respect of children
and young people by the administration of the States for which the Minister is
assigned responsibility;
“Children Law” means the Children
(Jersey) Law 2002;
“Commissioner” has the definition
given in the Commissioner for
Children and Young People (Jersey) Law 2019;
“corporate
parents” means the persons listed, or described, in the table in the Schedule;
“corporate
parenting board” is construed in accordance with Article 31;
“corporate
parenting responsibilities” means the duties conferred on a corporate parent by
Article 26(1);
“Court” means the Royal Court;
“Data Protection
Authority” means the Authority of that name established under Article 2(1)
of the Data Protection Authority Law;
“Data Protection Authority
Law” means the Data Protection
Authority (Jersey) Law 2018;
“Data Protection Law”
means the Data Protection
(Jersey) Law 2018;
“Departments of the
Judiciary Law” means the Departments of
the Judiciary and the Legislature (Jersey) Law 1965;
“development” includes behavioural,
emotional, intellectual, mental, moral, physical, spiritual, and social development;
“disability” means –
(a) a disability that is a
protected characteristic under paragraph 8 (disability) of Schedule 1
(protected characteristics) to the Discrimination
(Jersey) Law 2013; or
(b) a “learning disability”
or “mental disorder” as defined in the Mental Health Law;
“Education Law” means the Education
(Jersey) Law 1999;
“Employment of States
Employees Law” means the Employment of
States of Jersey Employees (Jersey) Law 2005;
“family” includes any individual
who is a parent of a child and any other individual with whom the child is living;
“health” means physical or
mental health;
“Health and Social Care
Commission” means the Commission of that name established under Article 35
of the Regulation of
Care (Jersey) Law 2014;
“health
or development need”, in relation to a child, is construed in accordance with
Article 13;
“independent
reviewing officer” means the person appointed under Article 42;
“Jersey Probation and Aftercare Service” means the unit
of administration, operating independently of the States, responsible for
probation officers;
“looked
after by the Minister” is construed in accordance with Article 1A of the Children Law;
“looked
after children” means children looked after by the Minister;
“Mental Health Law” means
the Mental Health
(Jersey) Law 2016;
“Minister” means the
Minister for Children and Education;
“parent” has the
definition given in the Children Law and includes any individual –
(a) who has acquired parental
responsibility in respect of a child by virtue of an order made by the Court
under the Children Law; or
(b) who is a child’s guardian
appointed under Article 7 of that Law;
“prescribed” means
prescribed by Order of the Minister;
“probation
officer” means a délégué as defined in the Loi (1937) sur l’atténuation des peines et sur la mise en liberté surveillée;
“publish” means publish
online or in any other manner appearing to the person publishing to be likely
to bring the matter published to the attention of those whom it concerns;
“related
services” means any services or support which are not exclusively provided to,
or for the benefit of, children or young people but which nonetheless are
capable of having a significant effect on the wellbeing of children or young
people;
“relevant
provider” means a provider of services for children or young people or a
provider of related services;
“responsible
Ministers” means the Minister, Minister for Health and Social Services,
Minister for Home Affairs and Minister for Housing and Communities;
“safeguarding
partners” means the people listed in Article 5(1);
“services
for children or young people” means any service or support which is provided exclusively
or mainly to, or for the benefit of, children or young people which, in the
case of children, means all children regardless of whether or not they –
(a) are looked after by the Minister;
or
(b) have needs of a particular type, such as a disability-related
need, or a need for additional support in learning;
“States” means the States of Jersey
constituted under Article 2 of the States of Jersey
Law 2005;
“States’ employee” is
construed in accordance with Article 2 of the Employment of States
Employees Law;
“strategic plan” is construed in accordance
with Article 7 and includes a revised strategic plan prepared and
published under Article 7(4);
“targeted intervention” is a service
which –
(a) is
provided by a relevant provider;
(b) is
directed, in so far as is reasonably practicable, at meeting the needs of
children or young people whose needs are not capable of being met, or met
fully, by the services which are provided generally to children or young people
by a relevant provider; and
(c) includes
services provided by a third party under arrangements made by that relevant provider;
“wellbeing assessment” is an assessment of a
child or care leaver for the purposes of Article 3(1);
“wellbeing indicators” means the indicators
listed in Article 3(2);
“wellbeing need”, in
relation to a child or young person, means that the child’s or young person’s wellbeing
is, or is at risk of being, adversely affected by any matter;
“wellbeing plan” means the plan referred to in
Part 5 prepared in respect of a child under that Part or, the plan referred to in Part 7 prepared in respect of a
looked after child or care leaver under that Part;
“young people” means individuals who are aged 18 up to (but not including) the age of 25
and who –
(a) are
care leavers; or
(b) have
a disability.
(2) The
Minister may, by Order, provide for the making of exceptions from sub-paragraph (a)
of the definition “care leaver”.
(3) Any
reference in this Law to a report being presented to the States means that the report is presented in accordance with such
procedures as may be provided by the standing orders of the States of Jersey.
(4) The
Minister may by Order amend the definitions or other provisions in this
Article.
2 Overriding objective of Law
(1) The overriding objective of this Law is to promote and support
the wellbeing, and safeguard the welfare, of children
and young people.
(2) In discharging
functions under this Law the persons set out
in paragraph (3) must –
(a) have
regard to the overriding objective;
(b) take all appropriate
measures to ensure that children and young people are protected against all
forms of unlawful discrimination;
(c) have the best interests of children and young people as a
primary consideration;
(d) have regard to the views of children and young people on all
matters affecting them, with due allowance being made for age and maturity; and
(e) promote the health and development of children and young people.
(3) The
duties in paragraph (2) apply to –
(a) the responsible Ministers and all the other corporate parents;
(b) safeguarding partners; and
(c) relevant providers.
(4) The
Minister may publish guidance in connection with the discharge of the duties
under paragraph (2), or where Regulations are made for the purposes set
out in paragraph (6).
(5) Before
publishing guidance, or revised guidance, the Minister must consult the
Commissioner.
(6) Where
functions in respect of children or young people are conferred on persons under
other enactments, the States may, by Regulations, amend any of those enactments
for the purposes of –
(a) applying the terms of the
overriding objective and the requirement to have regard to it, to the discharge
of those functions by those persons under that enactment; or
(b) conferring all or any of the
duties listed in paragraph (2)(b) to (e) on those persons when discharging
their functions under that enactment.
(7) Nothing
in this Law affects the operation of, or derogates from, the provisions of any
other enactment concerning the determination of a status in respect of, or
claim to, any entitlement, service, provision or
benefit of any nature.
Part 2
arrangements
to promote and support wellbeing and safeguard welfare of children and young
people
3 Wellbeing
assessment and indicators
(1) This Article applies where a person is to
assess whether the wellbeing of a child or care leaver is being or would be –
(a) promoted;
(b) safeguarded;
(c) supported; or
(d) affected.
(2) The person is to assess the wellbeing of
the child or care leaver by reference to the extent to which the child or care
leaver is or, as the case may be, would be –
(a) safe;
(b) healthy;
(c) achieving;
(d) nurtured;
(e) active;
(f) respected;
(g) responsible; and
(h) included.
(3) An assessment of a child or care leaver for
the purposes of paragraph (1) is referred to in this Law as a wellbeing
assessment.
(4) The Minister must publish guidance –
(a) on how the wellbeing
indicators, are to be used when carrying out a wellbeing assessment; and
(b) on the material (in
addition to that mentioned in paragraph (5)) or other information which
may be relevant for the purposes of a wellbeing assessment.
(5) A probation officer’s
assessment of a child or care leaver carried out in connection with a parish
hall inquiry into an allegation that an offence has been committed by that
child or care leaver is relevant material to be taken into account for the purposes of a wellbeing assessment.
(6) A person carrying out a wellbeing assessment
must have regard to the guidance published under paragraph (4).
(7) Before publishing guidance
or revised guidance, the Minister must consult –
(a) relevant providers;
(b) the Commissioner;
(c) the Health and Social Care Commission; and
(d) such other persons as the Minister considers appropriate.
(8) Subject to paragraph (9), the States
may by Regulations modify the wellbeing indicators.
(9) Before lodging Regulations under paragraph (8),
the Minister must publish proposals to modify the wellbeing indicators and take
account of any representations received in respect those proposals.
4 Co-operation to promote
wellbeing
(1) The responsible Ministers must make such arrangements
as they consider appropriate to promote co-operation between themselves and
relevant providers.
(2) The arrangements must be made with a view
to promoting the wellbeing of children and young people by reference to the
wellbeing indicators.
(3) In making arrangements
under this Article, the responsible Ministers must have regard to the
importance of parents and other people caring for children or young people in promoting
their wellbeing.
(4) Arrangements under this Article must
include arrangements as to the disclosure of information between the responsible
Ministers and relevant providers, provided that any disclosure under those
arrangements –
(a) relates to information obtained in the course of
discharging functions in relation to children or young people whether under
any enactment conferring functions in relation to children or young people, or
otherwise; and
(b) is ancillary to the
discharge of functions mentioned in sub-paragraph (a), or for the purposes
of securing co-operation with a view to promoting the wellbeing of children and
young people.
(5) Arrangements as to
the disclosure of information in paragraph (4) must not require the
disclosure of information in respect of which a claim to legal professional
privilege could be maintained in legal proceedings, or
prevent any such disclosure if that claim is waived.
(6) For the avoidance of
doubt, paragraph (4)(a) and (b) does not derogate from the requirements of
the Data Protection Law.
(7) Relevant providers and
responsible Ministers must have regard to any guidance published by the responsible
Ministers for the purposes of promoting co-operation amongst
themselves, and promoting the wellbeing of children and
young people.
(8) Before publishing guidance or revised
guidance, the responsible Ministers must consult the Commissioner and such
other persons as the responsible Ministers consider appropriate.
(9) Guidance includes any guidance or code of
practice on data protection endorsed by the Data Protection Authority in the discharge
of its functions under Article 11(1)(d) or (j) of the Data Protection
Authority Law.
5 Arrangements to
safeguard the welfare of children and young people
(1) The following people are safeguarding
partners –
(a) the Chief Executive
Officer within the meaning of Article 3 of the Employment of States
Employees Law;
(b) the chief officers of the
administrations of the States for which the responsible Ministers (apart from
the Minister for Housing and Communities) are each respectively assigned
responsibility; and
(c) the Chief Officer of the
States of Jersey Police Force.
(2) Safeguarding partners must, after
consulting such persons as they consider appropriate, make such arrangements as
are reasonably practicable to enable safeguarding partners and relevant
providers –
(a) to discharge their
functions having regard to the need to safeguard the welfare of children or
young people; and
(b) to work together
effectively when they are discharging functions for the purposes of
safeguarding the welfare of children or young people.
(3) Safeguarding partners must ensure that the arrangements
under paragraph (2) include –
(a) arrangements to identify and respond to children or young people whose
welfare appears to need safeguarding;
(b) arrangements for planning,
reviewing and improving arrangements to safeguard the welfare of children or
young people;
(c) arrangements for
procuring professional advice on safeguarding the welfare of children or young people;
(d) arrangements for
reviewing and learning from serious child safeguarding cases;
(e) arrangements as to the disclosure of information between safeguarding partners and relevant providers; and
(f) arrangements
for scrutiny by an independent person of the effectiveness of the arrangements (other
than the scrutiny of arrangements referred to in this sub-paragraph).
(4) Arrangements under paragraph (3)(e)
must not –
(a) permit the disclosure of
information that –
(i) relates to information
obtained in the course of discharging functions which
are for the purpose of safeguarding the welfare and promoting the wellbeing of
children or young people, or
(ii) is ancillary to the
discharge of functions mentioned in clause (i)
or for the purposes of working together as mentioned in paragraph (2)(b);
or
(b) require the disclosure of information in respect of which a claim to
legal professional privilege could be maintained in legal proceedings, or
prevent any such disclosure if that claim is waived.
(5) For the avoidance of doubt, paragraph (4)(a)
does not derogate from the requirements of the Data Protection Law.
(6) Safeguarding partners and relevant
providers must act in accordance with the arrangements made under paragraph (2)
and have regard to any guidance published by the Minister for the purposes of
this Article.
(7) Guidance under this Article may include –
(a) guidance as to good practice
in the discharge of safeguarding functions under Part 4 (care and
supervision) and Part 5 (protection of children) of the Children Law; and
(b) any guidance or code of
practice on data protection endorsed by the Data Protection Authority in the discharge
of its functions under Article 11(1)(d) or (j) of the Data Protection
Authority Law.
(8) Before publishing guidance
or revised guidance, the Minister must consult the Commissioner and such other
persons as the Minister considers appropriate.
(9) Safeguarding partners must publish the arrangements
made under paragraph (2) not later than 6 months after they are made.
(10) At least once in every 12 month period safeguarding partners must collectively
prepare a report on –
(a) what they and relevant providers have done as
a result of the arrangements; and
(b) how effective the arrangements have been in practice.
(11) A report prepared under paragraph (10) must
be reviewed by an independent person mentioned in
paragraph (3)(f).
(12) The responsible Ministers must take into
account the review by independent person under paragraph (11), before
publishing and presenting the report to the States not later than 6 months
after the end of the 12 month period to which the
report relates.
(13) In this Article –
“functions” means any functions discharged in respect of children or
young people by safeguarding partners and relevant providers;
“serious child safeguarding cases” means
cases in which –
(a) abuse or neglect of a
child is known or suspected by a safeguarding partner or relevant provider; and
(b) the child has died or been seriously harmed;
“serious harm” includes serious or long-term
impairment of mental health or intellectual, emotional, social or behavioural
development.
6 Review of child deaths
(1) Safeguarding
partners must make arrangements for the review of each death of a child normally
resident in Jersey.
(2) Safeguarding
partners may also, if they consider it appropriate, make
arrangements for the review of the death of a child not normally
resident in Jersey at the time of death.
(3) Safeguarding
partners must make arrangements for the analysis of
information about deaths reviewed under this Article.
(4) The purposes of a review or analysis under
this Article are –
(a) to identify any matters
relating to the death of a child that are relevant to the welfare of children
or to public health and safety; and
(b) to consider whether it
would be appropriate for anyone to take action in
relation to any matters identified.
(5) Where safeguarding partners consider that
it would be appropriate for a person to take action as
mentioned in paragraph (4)(b), they must inform that person.
(6) Safeguarding
partners must, at such intervals as they consider appropriate, prepare and publish a report on –
(a) what they have done as a result of the
arrangements under this Article; and
(b) how effective the arrangements have been in practice.
(7) Safeguarding partners
may, for the purpose of enabling or assisting the performance of functions under
this Article, request a person to provide the information specified in the
request.
(8) Safeguarding partners must not use
information, received in response to a request, for any purpose other than for
the purpose mentioned in paragraph (7).
(9) For the avoidance of doubt, a person who
provides information in response to a request under paragraph (7) is not
required to disclose or produce any information or documents which the person
would, in an action before the Court, be entitled to refuse to disclose on
grounds of legal professional privilege.
(10) Safeguarding partners must have regard to
any guidance issued by the Minister in connection with their functions under
this Article.
part 3
Strategic plan in respect of children and
young people
7 Requirement to prepare strategic plan
in respect of children and young people
(1) In each 4 year
period, the responsible Ministers must prepare and publish a strategic plan in
respect of children and young people (“strategic plan”).
(2) The strategic plan must set out the
responsible Ministers’ strategic plans for the provision, over the 4 year period, of services for children and young
people with a view to securing the achievement of the aims set out in Article 8.
(3) The strategic plan must be developed in
consultation with such persons as the responsible
Ministers consider appropriate, which must include children, young people and parents.
(4) The responsible Ministers must keep the strategic
plan under review and may in consequence prepare and publish a revised strategic
plan.
(5) In this Article and in Article 10, “4 year period” means –
(a) the period of 4 years
beginning with 1st January of the year following the commencement of this Law;
and
(b) each subsequent period of
4 years.
8 Aims of strategic plan
(1) The aims of the strategic
plan are –
(a) that
services for children and young people are provided
in a way which –
(i) safeguards, supports and promotes their wellbeing,
(ii) ensures
that any action to meet their wellbeing needs is taken at the earliest
appropriate time and that, where appropriate, action is taken to prevent wellbeing
needs from arising,
(iii) is
integrated from the point of view of recipients, and
(iv) constitutes
the best use of available resources; and
(b) that
related services are provided in a way which, so far as is consistent with the
objects and proper delivery of the service concerned, safeguards, supports and
promotes the wellbeing of children and young people.
(2) In paragraph (1)(a)(iii),
services are integrated from the point of view of recipients if the providers
of services for children and young people co-operate with each other to ensure
services are planned and delivered in a co-ordinated way which best meets the
needs of the recipient children and young people and their parents.
9 Implementation of strategic plan
During the period to which a strategic plan relates, the responsible
Ministers and relevant providers must, so far as is reasonably practicable, co-operate
with each other to provide services for children or young people in accordance
with that plan.
10 Reporting on strategic
plan
As soon as practicable after the end of the 4 year
period (as defined in Article 7(5)) to which the strategic plan relates, the
responsible Ministers must –
(a) publish a report on the
extent to which the strategic plan has
achieved the aims set out in Article 8; and
(b) present that report to
the States.
11 Guidance in relation to
planning the delivery of services for children and young people
(1) Relevant providers must have regard to any
guidance published by the responsible Ministers in connection with the delivery
of services for children or young people set out in the strategic plan.
(2) Before publishing guidance or revised
guidance, the responsible Ministers must consult –
(a) relevant providers;
(b) the Commissioner; and
(c) such other persons as the responsible Ministers consider
appropriate.
12 Requirement to publish information about the provision of
services
The responsible
Ministers and relevant providers must, at the beginning of each year, publish
details of the services they may provide to children, young people
and their families.
part 4
provision
of services for children with health or development needs
13 Children with a health or
development need
(1) This Part applies to a child with a health
or development need and who is not looked after by the Minister (see Part 7
as to the Minister’s duties in relation to looked after children).
(2) A child has a health or development need if –
(a) any of the matters in
paragraph (4) apply to the child; or
(b) the child is an in-patient
at a hospital or an approved establishment for the purpose of receiving treatment
in respect of the child’s mental health.
(3) If a child has a health or development
need, the Minister must cause a wellbeing assessment to be made of that child’s
health or development.
(4) The matters referred to in paragraph (2)(a)
are –
(a) the child is unlikely to
achieve or maintain, or to have the opportunity of achieving or maintaining, a
reasonable level of health or development without the provision of services by
the Minister under this Part;
(b) the child’s health or
development is likely to be
significantly impaired, or further impaired, without the provision to that
child of those services; or
(c) where applicable, the
child’s disability or the disability of any other person living with the child
is adversely affecting the child’s health or development.
(5) In paragraph (2)(b), “approved
establishment” has the definition given in the Mental Health Law.
14 Requirement to provide services
for children with a health or development need
(1) For the purposes of
fulfilling the duty in Article 2(2)(e), it is the Minister’s general duty
to provide, in so far as is reasonably practicable, a range and level of
services appropriate to meet the health or development needs of children under
this Part who are assessed under Article 13 as having a health or development need.
(2) So
far as is consistent with that duty, the Minister must promote the upbringing
of such children by their families.
(3) Any service provided by the Minister in the
discharge of functions conferred under this Article may be provided for the
family of that child or for any member of that child’s family.
(4) Before determining what, if any, services
to provide for a child whose wellbeing assessment under Article 13
confirms that the child has a health or development need, the Minister must, so
far as is reasonably practicable and consistent with the child’s welfare –
(a) ascertain the child’s wishes and feelings regarding the
provision of those services; and
(b) give due consideration (having regard to the child’s age and maturity)
to any of the child’s ascertainable wishes and feelings.
(5) The
Minister may make arrangements with relevant providers
to provide services, on the Minister’s behalf, to children who have a health or
development need.
(6) The
provision of services may include giving assistance in kind or in cash
(“assistance”).
(7) Assistance may be unconditional or subject
to conditions as to the repayment of the assistance or of its value (in whole
or in part), but no individual is liable to make any repayment of assistance or
of its value at any time when that individual is in receipt of income support
under the Income Support (Jersey)
Law 2007.
(8) Before giving any assistance or imposing
any conditions, the Minister must have regard to –
(a) the means of the child
concerned and of each of the child’s parents; and
(b) whether the giving of
assistance would avoid the Minister being caused greater expense in the giving
of assistance in another form, or where probable aggravation of the child’s, the
child’s family’s need, would cause greater expense to the Minister on a later
occasion.
15 Services provided to children affected by disability
(1) Services provided under Article 14 to
a disabled child, or to a child whose health or development is adversely
affected by the disability of any other individual in the child’s family, must
be designed –
(a) to minimise the effect –
(i) on any disabled child,
of his or her disability, and
(ii) on any child who is
adversely affected by the disability of any other individual in the child’s family,
of that other individual’s disability;
(b) to give the children mentioned
in sub-paragraph (a) the opportunity to lead lives which are as normal as
possible; and
(c) to assist individuals
who provide care for such children to continue to do so, or to do so more
effectively, by giving them breaks from caring.
(2) The States may by Regulations make
provision for the purposes of paragraph (1)(c) in respect of the design of
services to facilitate breaks for carers of disabled children.
part 5
wellbeing
assessment and plan
16 Application of Part
This Part does not apply to looked after children (see Part 7
as to the Minister’s duties in relation to looked after children).
17 Wellbeing assessment and plan
for child with a wellbeing need
(1) If it appears to any of the persons listed
in paragraph (3) that a child has a wellbeing need, the person in question
may request the relevant provider that is best known to the child to carry out
a wellbeing assessment of the child.
(2) A wellbeing assessment request under
paragraph (1) may be refused if the relevant provider concerned can show
good reason not to make the wellbeing assessment.
(3) The following persons may request a
wellbeing assessment –
(a) the child concerned;
(b) the child’s parents;
(c) any other relevant
provider known to the child.
(4) A child is entitled to a wellbeing plan if –
(a) the wellbeing assessment
confirms that the child has a wellbeing need;
(b) paragraph (5)
applies; and
(c) the child’s parent and a relevant provider that is known to the child agree that
a wellbeing plan is required to facilitate the provision of targeted
intervention to address that child’s wellbeing need.
(5) This paragraph applies if –
(a) the wellbeing need is not capable of being met, or fully met, by
the taking of action other than targeted intervention in relation to the child;
and
(b) the wellbeing need, or the remainder of the need, is capable of
being met, or met to some extent, by one or more targeted interventions in
relation to the child.
18 Wellbeing plan for child with
a health or development need
A child is entitled to a wellbeing plan if –
(a) a wellbeing assessment of that child under Article 13(3) establishes
that the child has a health or development need; and
(b) the child’s parents and the Minister agree that a wellbeing plan
is required to facilitate the provision of targeted intervention to address and
improve that child’s health or development.
19 Content of wellbeing plan
(1) A
wellbeing plan must state –
(a) the child’s assessed –
(i) wellbeing need, or
(ii) health or development need;
(b) in relation to a child
with a disability who has reached the age of 14, that child’s assessed projected
long-term wellbeing, health or development needs from the age of 18 up to
(but not including) the age of 25;
(c) the targeted intervention
which is required to be provided in relation to the child; and
(d) in relation to each
targeted intervention –
(i) the relevant provider that
is to provide the targeted intervention,
(ii) the manner
in which the targeted intervention is to be provided, and
(iii) the outcome in relation
to the child’s assessed wellbeing, health or
development need which the targeted intervention is intended to achieve.
(2) Before
including targeted intervention in a wellbeing plan, the appointed person must
obtain the agreement of the relevant provider that would provide the targeted
intervention, or under whose arrangements the intervention would be provided.
20 Preparation of wellbeing plan
(1) Where
a child requires a wellbeing plan the relevant provider, or the Minister, as the case may be, must appoint a person (“appointed
person”) to prepare the plan as soon as is reasonably practicable.
(2) The
appointed person is responsible for managing and co-ordinating the wellbeing plan.
(3) In
preparing the wellbeing plan the appointed person must consult and, in so far
as is reasonably practicable, ascertain and have regard to the views of –
(a) the child;
(b) the child’s parents; and
(c) such other persons as the
appointed person considers appropriate.
(4) In having regard to the views of the child,
the appointed person must take account of the child’s age and maturity.
21 Delivery of wellbeing plan
A relevant
provider must, so far as is reasonably practicable and as
long as the relevant provider considers that it would not adversely affect
the wellbeing, health or development of the child –
(a) provide, in accordance
with the wellbeing plan, any targeted intervention contained in that plan; and
(b) ensure that any targeted
intervention which is to be provided by a third person, under arrangements made
by the provider, is provided in accordance with the plan.
22 Review of wellbeing plan
(1) The
appointed person in respect of a wellbeing plan is to keep under review whether –
(a) the assessed wellbeing,
health or development need of the child set out in the plan is still accurate;
(b) each targeted
intervention or the manner of its provision is still appropriate;
(c) the outcome of the plan
has been achieved; and
(d) the management of the
plan should transfer to another appointed person.
(2) In
reviewing a wellbeing plan, the appointed person –
(a) must consult each
relevant provider to which paragraph (3) applies; and
(b) must, so far as is reasonably
practicable, ascertain and have regard to the views of –
(i) the child, taking into account the child’s age and maturity,
(ii) the child’s parents, and
(iii) such other persons as the
appointed person considers appropriate.
(3) This
paragraph applies to a relevant provider if –
(a) that provider is
providing the targeted intervention contained in the wellbeing plan; or
(b) the targeted intervention
contained in the wellbeing plan is being provided by a third person under
arrangements made by the provider.
(4) The
appointed person may in consequence of the review –
(a) amend the wellbeing plan
to revise –
(i) the wellbeing, development or health need of the child,
(ii) with the relevant
provider’s agreement, the targeted intervention,
(iii) the manner
in which the targeted intervention is required to be provided, or
(iv) the outcome which the
plan is intended to achieve;
(b) transfer the management
of the wellbeing plan to another appointed person; or
(c) end the wellbeing plan.
23 Guidance on wellbeing plans
(1) In
relation to wellbeing plans under this Part, the Minister must publish guidance
as to –
(a) information to be contained in the plan;
(b) the form and preparation of
the plan;
(c) the management of the plan,
including –
(i) when
and how the plan is to be reviewed in accordance with Article 22(1),
(ii) who is to be the appointed
person in respect of the plan,
(iii) when and to whom management
of the plan is to or may transfer under Article 22(4)(b),
(iv) when and how any new targeted
intervention may be included in the plan,
(v) the keeping, disclosure and
destruction of plans.
(2) A
relevant provider and appointed person must have regard to the guidance published
under this Article.
(3) Before
publishing guidance or revised guidance, the Minister must consult –
(a) relevant providers;
(b) the
Commissioner; and
(c) such other persons as the
Minister considers appropriate.
Part 6
corporate parenting
24 Application of Part
This Part applies to individuals who are –
(a) looked after children;
(b) care leavers; and
(c) young people of such description
as the Minister may by Order specify.
25 Corporate parents
(1) The persons listed,
or described, in the table in the Schedule are corporate parents.
(2) Subject to paragraph (3), the Minister may, by Order, amend the Schedule –
(a) after
consulting any corporate parent the Minister proposes to
remove from the table in the Schedule, or any person the Minister proposes to
make a corporate parent and add to the table in the Schedule; or
(b) where
a corporate parent listed in column 3 of the table changes their name.
(3) No Order under this Article may be made –
(a) without a corporate
parent’s or proposed corporate parent’s consent; or
(b) for the purposes of
adding to the table in the Schedule a Department or
officer referred to in Article 1, or a principal officer referred to in
Article 2, of the Departments of the Judiciary Law.
(4) Where paragraph (2)(b)
applies, the corporate parent must notify the Minister of the name-change not
less than 6 weeks before the change is to take effect.
26 Corporate parenting
responsibilities
(1) In respect of the individuals to whom this
Part applies, it is the general duty of every corporate parent, in so far as is
consistent with the proper discharge of that corporate parent’s other functions –
(a) to be alert to matters which, or which
might, adversely affect the wellbeing of those individuals;
(b) to assess the needs of those individuals for the services and
support the corporate parent provides;
(c) to promote the interests of those individuals;
(d) to seek to provide those individuals with opportunities to
participate in activities designed to promote their wellbeing;
(e) to take such action as the corporate parent considers appropriate
to help those individuals –
(i) to access the opportunities
provided under sub-paragraph (d), and
(ii) to make use of services
and access the support that is offered under Article 29; and
(f) to take such other action as the corporate parent considers
appropriate for the purposes of improving the way in which the corporate parent
discharges its functions in relation to those individuals.
(2) The States may by Regulations –
(a) amend paragraph (1) to confer, remove or vary a duty on
corporate parents; or
(b) provide that paragraph (1) is to be read, in relation to a
particular corporate parent or corporate parents of a particular description,
with a modification conferring, removing or varying a
duty.
27 Planning by corporate
parents
(1) A corporate parent must –
(a) prepare a plan for how it proposes to discharge its corporate
parenting responsibilities; and
(b) keep the plan under review.
(2) Before preparing or revising a plan, a
corporate parent must consult such other corporate parents, and such other
persons, as it considers appropriate.
(3) A corporate parent must publish its plan
and any revised plan and, in particular, plans may be
published either separately, or as part of, any other plan or document.
28 Collaborative working among corporate parents
(1) Corporate parents must, in so far as is reasonably
practicable, collaborate with each other when exercising their corporate
parenting responsibilities or any other functions under this Part where they
consider that doing so would safeguard the welfare or
promote the wellbeing of the individuals to whom this Part applies.
(2) Such collaboration may include –
(a) subject to paragraphs (3) and (4), sharing information;
(b) providing advice or assistance;
(c) co-ordinating activities (and seeking to prevent unnecessary
duplication);
(d) sharing responsibility for action;
(e) funding activities jointly;
(f) discharging functions under this Part jointly (for example, by
publishing a joint plan or joint report).
(3) Corporate parents must not share
information in relation to particular individuals to
whom this Part applies unless the information –
(a) it is obtained in the course of discharging functions in
relation to those particular individuals whether under any enactment conferring
functions in relation to looked after children, care leavers or young people,
or otherwise;
(b) it is ancillary to the discharge of functions mentioned in
sub-paragraph (a), or for the purposes of promoting collaboration in
accordance with paragraph (1); and
(c) it does not relate to any
information in respect of which a claim to legal professional privilege could
be maintained in legal proceedings, unless such a claim is waived.
(4) Corporate parents must have regard to any
guidance or code of practice published by the Minister on information sharing
and data protection, and endorsed by the Data
Protection Authority in the discharge of its functions under Article 11(1)(d)
or (j) of the Data Protection Authority Law.
(5) For the avoidance of doubt, paragraph (3)
does not derogate from the requirements of the Data Protection Law.
29 Services offered by
corporate parents
(1) A corporate parent must publish information
about the services it offers (if any), including any services that may assist
care leavers in, or in preparing for, adulthood and independent living.
(2) For the purposes of paragraph (1), services
offered include services relating to –
(a) health and wellbeing;
(b) education and training;
(c) finance and employment;
(d) accommodation and housing;
(e) relationships and participation in society.
(3) In relation to the published information
referred to in paragraph (1), a corporate parent must –
(a) periodically update the
information and, in any event, review it not less than every 4 years; and
(b) before publishing the
information (or any updated version of it), consult with the corporate
parenting board and any other person the corporate parent considers appropriate,
including looked after children and care leavers.
(4) In this Article, “services” includes
advice, guidance or assistance which may be in kind.
30 Reports by corporate
parents
(1) A corporate parent must, not less than
every 4 years, publish a report on how it has discharged –
(a) its corporate parenting responsibilities;
(b) its planning and collaborating functions under Articles 27
and 28; and
(c) its other functions under this Part.
(2) Reports may, in
particular, include information about –
(a) standards of performance; and
(b) the outcomes achieved under this Part.
(3) Reports must be published and, in particular, reports may be published either separately,
or as part of, any other report or document.
31 Corporate parenting board
(1) There is established a corporate parenting
board (the “board”) whose principal function is to monitor
and review the discharge of corporate parenting responsibilities and other
functions of corporate parents under this Part.
(2) The board may discharge such other
functions as appear to it to be calculated to facilitate, or are incidental or
conducive to the discharge of, its principal function and other functions
conferred under this Part.
(3) The board is to be composed of –
(a) the responsible Ministers;
(b) a member of the Comité des Connétables nominated by the Comité;
(c) subject to Article 32 –
(i) 2 children
representing looked after children,
(ii) 2 young people
representing care leavers or young people specified under Article 24(1)(c),
and
(iii) 2 people each
representing a different voluntary body.
(4) The board may meet for
the conduct of business, adjourn and otherwise
regulate its meetings as it thinks fit, but subject to the following –
(a) the board must meet at least 4 times a
year;
(b) the Minister must chair the board’s
meetings, but if the Minister is not present at a meeting, those present must nominate
another responsible Minister to chair that meeting;
(c) a quorum must be formed by the attendance
of at least 3 members of the board who are also members of the States;
(d) the board may invite the attendance of any
person at any meeting of the board, as the board determines.
(5) For the purposes of paragraph (4), the
board may meet remotely by any means of technology and includes the attendance
remotely of any person invited under paragraph (4)(d).
(6) The Council of Ministers must support the board
in the provision of such administrative resources, advice and other support as the
board requires to enable it to discharge its functions properly and
effectively.
(7) The board must publish –
(a) its terms of reference;
(b) the names of its members,
apart from the members referred to in paragraph (3)(c)(i)
and (ii);
(c) in the case of the members
representing voluntary bodies, details of the voluntary bodies each member represents;
and
(d) its agendas and minutes.
(8) The board must publish any revisions or
changes to the items referred to in paragraph (6)(a) to (c) as soon as
possible after those revisions or changes have occurred.
(9) The board must, not later than 6 months
after the beginning of every year, publish a report setting out how it has
discharged its functions in the previous year.
(10) The States may by Regulations amend this
Article and Articles 32 to 34 for the purpose of making further provision
about the board and its functions.
32 Appointment of
representatives to the corporate parenting board
The responsible Ministers must determine and publish –
(a) the criteria and process
for appointment to the corporate parenting board of the people referred to in
Article 31(3)(c); and
(b) the terms and conditions,
including length of appointment, applying in respect of an appointment.
33 Duty to provide
information to the corporate parenting board
(1) A corporate parent must provide the corporate
parenting board with such information as the board may
reasonably require, either on request or at agreed intervals, about how the
corporate parent is –
(a) exercising its
corporate parenting responsibilities;
(b) planning, collaborating and reporting under Articles 27, 28 and 30;
or
(c) otherwise discharging
functions under this Part, provided that information does not relate
to any information in respect of which a claim to legal professional privilege
could be maintained in legal proceedings, unless such a claim is waived.
(2) Information which
is required may, in particular, include information about –
(a) standards of performance; and
(b) the outcomes achieved under this Part.
34 Guidance on corporate
parenting
(1) The corporate parenting board must issue
guidance to corporate parents about their corporate
parenting functions and corporate parents must
have regard to that guidance.
(2) Guidance may, in
particular, include advice or information about –
(a) how corporate parents are expected to –
(i) promote awareness of
their corporate parenting responsibilities,
(ii) plan, review,
collaborate and report under Articles 27, 28 and 30, and
(iii) otherwise discharge
functions under this Part; and
(b) outcomes which corporate parents should seek to achieve in discharging
functions under this Part.
(3) Before issuing or revising guidance, the corporate
parenting board must consult –
(a) corporate parents;
(b) the Commissioner; and
(c) such other persons as the board considers appropriate.
Part 7
Support
for looked after children and care leavers
35 Application, interpretation and general provisions as
to guidance and Regulations
(1) This Part applies to
looked after children and care leavers.
(2) In this Part –
“assessed wellbeing needs” in respect of a child or care leaver, means that child’s or care
leaver’s wellbeing needs as assessed by a wellbeing assessment carried out
under this Part;
“eligible care leaver” is construed in
accordance with Article 40;
“guidance” means any guidance, including revised guidance, issued by
the Minister under this Part;
“staying put arrangement” is construed in
accordance with Article 40;
“wellbeing needs” includes health or
development needs;
“wellbeing plan” means the wellbeing plan
prepared under Article 36.
(3) Before the Minister publishes guidance the
Minister must first consult –
(a) the persons referred to
in paragraph (4);
(b) the corporate parenting board;
(c) looked after children and
care leavers;
(d) the Commissioner;
(e) the Health
and Social Care Commission; and
(f) such other persons as the Minister considers appropriate.
(4) Except where expressly provided otherwise,
the following persons must have regard to guidance in so far as it is relevant
to the discharge of that person’s functions in relation to looked after
children or care leavers under this Part –
(a) children and young people
services;
(b) relevant providers; and
(c) persons providing
services for or on behalf of relevant providers or the Minister.
(5) Guidance must contain advice as to when it
may not be appropriate to follow the guidance and may include guidance on
exceptions or variations which may be applied in particular
cases if it is in the best interests of the looked after child or care
leaver to do so.
(6) The States may, if the States consider it
necessary or expedient to do so, by Regulations amend this
Part for the purposes of making further provision in respect of the
discharge of functions under this Part.
36 Wellbeing assessment, plan and review
(1) For
the purposes of fulfilling the duty in Article 2(2)(e), the Minister must cause a wellbeing assessment to be
carried out in respect of each looked after child and care leaver with a view
to determining –
(a) the wellbeing needs (if
any) of that individual; and
(b) the targeted intervention
(if any) that would be appropriate for the Minister to provide to meet the individual’s assessed wellbeing needs.
(2) A
wellbeing assessment must be carried out as soon as is reasonably practicable –
(a) after a child becomes
looked after by the Minister;
(b) in respect of a child who
is looked after by the Minister on, or before, the commencement of this Law,
after the commencement of this Law; or
(c) after an individual is
identified as a care leaver.
(3) If
the wellbeing assessment confirms that the looked after child or care leaver
has a wellbeing need the Minister must, as soon as possible, cause a wellbeing plan
to be prepared in respect of that looked after child or
care leaver.
(4) Subject to any guidance issued under Article 37,
in preparing the wellbeing plan the Minister must consult and, in so far as is
reasonably practicable, ascertain and have regard to the views of the child or
care leaver.
(5) In having regard to the views of any child,
the Minister must take account of the child’s age and maturity.
(6) A
wellbeing plan must –
(a) contain a statement addressing
each of the wellbeing indicators set out in Article 3(2);
(b) contain a statement of –
(i) assessed wellbeing needs,
(ii) any targeted
intervention required to meet those needs, and
(iii) the staying put
arrangement or, in respect of an eligible care leaver falling under Article 40(6),
any alternative arrangement; and
(c) if targeted intervention
is required –
(i) identify the relevant provider
that has given their agreement, subject to paragraph (7), to provide the
targeted intervention,
(ii) state the manner in which the targeted intervention is to be provided,
(iii) state the outcome the
targeted intervention is intended to achieve, and
(iv) set and review timescales
to assess progress towards achieving the intended outcome.
(7) The
relevant provider must, so far as is reasonably practicable and as long as the relevant provider considers that it would not
adversely affect the wellbeing, health or development of the looked after child
or care leaver –
(a) provide the targeted
intervention contained in the statement mentioned in paragraph (6)(b)(ii);
and
(b) ensure that any targeted
intervention which is to be provided by a third person, under arrangements made
by the provider, is provided in accordance with the plan.
(8) In
the case of a looked after child aged 14 or over, the wellbeing plan must include
details of the preparations for the child ceasing to be looked after, including
for any staying put arrangement.
(9) The
wellbeing plan may contain such other matters as the guidance provides under
Article 37.
(10) The
Minister must –
(a) cause the wellbeing plan
to be reviewed at regular intervals and, subject to sub-paragraph (b),
revised if necessary; and
(b) if it is reasonably
practicable, ensure that no significant change is made to the wellbeing plan
until any proposed change has first been considered at a review.
37 Guidance in respect of functions under Article 36
(1) The
Minister must issue guidance in relation to wellbeing assessments which may
include –
(a) guidance about the
management, form and process of, and arrangements for, the assessment of the
current and future wellbeing needs of looked after children and care leavers;
(b) guidance about evaluating
and recording the findings of wellbeing assessments; and
(c) guidance on any other
matter the Minister considers necessary.
(2) The
Minister must issue guidance in relation to wellbeing plans which may include –
(a) guidance about the
management and form of, and process and arrangements in respect of, the wellbeing
plan;
(b) guidance
as to the content of the plan including the
following matters as to the looked after child’s or care
leaver’s –
(i) accommodation and
housing,
(ii) health care,
(iii) education, training and employment,
(iv) social, emotional and behavioural development,
(v) social presentation, practical and
self-care skills,
(vi) finances,
(vii) identity and belonging,
and
(viii) relationships and family contact;
(c) guidance about enabling
the looked after child or care leaver to participate in the development of the
plan taking into account the child’s or care leaver’s wishes and views and the views of such other people as may be
specified in the guidance;
(d) guidance
on contingency plans for action to be taken in the event that the plan ceases
to be effective for any reason;
(e) guidance on –
(i) assessing progress
against the outcomes the plan is expected to achieve, and
(ii) reviewing and recording
the plan; and
(f) guidance on any other
matter the Minister considers necessary.
38 Provision of services for looked after
children and care leavers
(1) For
the purposes of fulfilling the duties in Article 2(2)(d) and (e), it is
the Minister’s general duty to provide, in so far as is reasonably practicable,
a range and level of services appropriate to meet the assessed wellbeing needs of –
(a) looked after children, taking
account of their wishes and feelings, with a view to preparing such children
for when they cease to be looked after; and
(b) care leavers taking
account of their wishes and feelings.
(2) Services
provided under paragraph (1) may include –
(a) services
that are provided to children with a health or development need or services
provided generally to children by a relevant provider; and
(b) giving assistance in kind
or in cash.
(3) The
Minister may make arrangements with relevant providers
to provide services on the Minister’s behalf.
(4) The
Minister may also make arrangements with other
corporate parents in respect of services offered under Article 29.
39 Personal advisers
(1) The Minister must arrange for a personal
adviser to be assigned to –
(a) every looked after child
as soon as possible after that child’s 14th birthday;
(b) every care leaver under
the age of 22; and
(c) any care leaver who has
reached the age of 22 but is under the age of 25 and who has
requested a personal adviser to remain assigned.
(2) Where a personal adviser remains assigned
under paragraph (1)(c), the care leaver may at any time request that the
personal adviser ceases to remain so assigned.
(3) A personal adviser has the following
functions in relation to a looked after child or care leaver, as the case may
be –
(a) to provide advice
(including practical advice) and support;
(b) where applicable, to
participate in the wellbeing assessment and the preparation of the wellbeing plan;
(c) to participate in reviews
of the wellbeing plan;
(d) to liaise with such other
persons as the wellbeing plan requires in the implementation of the plan;
(e) to co-ordinate the
provision of services mentioned in the wellbeing plan and to take reasonable
steps to enable the looked after child or care leaver to make of those services;
(f) to remain informed about
the looked after child’s or care leaver’s progress and wellbeing;
(g) to keep in regular
contact with the looked after child or, subject to sub-paragraph (h), care
leaver;
(h) in the case of a care
leaver who is under the age of 22, to keep in contact with the care
leaver, in so far as is reasonably practicable, on at least an annual basis
even if the care leaver –
(i) no longer requires any
services mentioned in the care leaver’s wellbeing plan, or
(ii) no longer lives in
Jersey; and
(i) to keep a written record
of contacts with, and of services provided to, the looked after child or care
leaver.
(4) A personal adviser must –
(a) perform such other
functions as may be prescribed; and
(b) have regard to any guidance issued by
the Minister in relation to the personal adviser’s functions under this Article.
40 Staying put arrangements
(1) Subject to
paragraphs (6) and (8), the Minister must maintain a staying put
arrangement in respect of any eligible care leaver.
(2) An eligible care leaver is an
individual –
(a) who has attained the age
of 18 but is under the age of 22; and
(b) who otherwise meets the
definition “care leaver”.
(3) A staying put arrangement is an arrangement
whereby the Minister must, subject to the wellbeing assessment, provide an eligible
care leaver with the same, or comparable, accommodation as was being provided immediately
before the eligible care leaver ceased to be looked after by the Minister.
(4) The details of the arrangement must be set
out in the wellbeing plan.
(5) The Minister must –
(a) monitor the staying put
arrangement to ensure that it meets the eligible care leaver’s wellbeing needs
as determined by the wellbeing assessment; and
(b) provide such advice, guidance or assistance as is in accordance with the
wellbeing plan, and as is necessary to support the eligible care leaver in the
staying put arrangement.
(6) The duty under
paragraph (1) does not apply if –
(a) the accommodation the eligible care leaver was in immediately before the eligible
care leaver ceased to be looked after by the Minister –
(i) was secure accommodation,
(ii) was a young offender
institution or the prison,
(iii) was a placement as
defined in the Children (Placement) (Jersey)
Regulations 2005, and the person with whom the care leaver was placed has indicated
to the Minister that they are unable or unwilling to continue to provide the
placement, or
(iv) was accommodation in a
children’s home and the registered person in respect of the children’s home
cannot continue to accommodate the eligible care leaver in the home because to
do so would cause the registered person to fail to comply with his or her
conditions of registration; or
(b) the wellbeing
assessment determines that a staying put arrangement would not meet the eligible
care leaver’s wellbeing needs.
(7) Where the duty under paragraph (1) does
not apply in respect of an eligible care leaver falling under paragraph (6),
the wellbeing plan must determine an alternative arrangement that would meet
the eligible care leaver’s wellbeing needs.
(8) The duty under paragraph (1)
ceases –
(a) when the eligible care
leaver reaches the age of 22; or
(b) if the eligible care
leaver no longer wishes to continue with the staying
put arrangement.
(9) In this Article –
“children’s home” has the definition given in the Children Law;
“conditions of registration” means any
discretionary conditions of registration imposed under Article 12 of the
Regulation of Care Law or any conditions imposed in accordance with Regulations
made under Article 11(3) of that Law;
“prison” means HMP La Moye;
“registered person” has the definition
given in the Regulation of Care Law;
“Regulation of Care Law” means the Regulation of Care (Jersey)
Law 2014;
“secure accommodation” has the definition
given in the Children Law;
“young offender institution” has the
definition given in the Young Offenders Law;
“Young Offenders Law” means the Criminal Justice (Young Offenders) (Jersey) Law 2014.
Part 8
Miscellaneous provisions in respect of
looked after children
41 Minister’s duty to
promote educational achievement
(1) The Minister must promote the educational
achievement of looked after children.
(2) The Minister must appoint at least one
individual for the purpose of discharging the duty under paragraph (1).
(3) An individual appointed
under this Article must –
(a) be a States’
employee who has such experience or qualifications in the delivery of education
as may be prescribed;
(b) perform such functions as may be prescribed; and
(c) have regard to any guidance that may be issued
by the Minister in relation to the discharge of any prescribed functions and
the promotion of the Minister’s duty under this Article.
42 Review of looked after
children’s cases and appointment of independent reviewing officers
(1) The Minister must review the case of each
looked after child in accordance with the policy published under Article 43.
(2) The review must take place as soon as
possible after the date on which the looked after
child becomes looked after, and thereafter at such regular intervals as the
policy must specify.
(3) Subject to paragraphs (6) and (7), the
Minister must appoint an individual as the independent reviewing officer for a
looked after child’s case.
(4) The initial appointment under paragraph (3)
must be made before the child’s case is first reviewed.
(5) If a vacancy arises in respect of a child’s
case, the Minister must make another appointment as soon as is practicable.
(6) The independent reviewing officer must be a
social worker who has sufficient relevant social work experience with children
and families to perform the functions of an independent reviewing officer in an
independent manner and having regard to the looked after child’s best
interests.
(7) The Minister must not appoint any of the
following as the independent reviewing officer –
(a) an individual involved
in preparing the looked after child’s wellbeing plan or the management of the
child’s case;
(b) the looked after child’s
personal adviser;
(c) an individual with
management responsibilities in relation to an individual mentioned in
sub-paragraph (a) or (b); or
(d) an individual with
control over the resources allocated to the case.
(8) The independent reviewing officer must in
relation to each looked after child’s case the officer is assigned to –
(a) monitor the performance
of the Minister’s functions under this Law and the Children Law;
(b) participate in case reviews;
(c) ensure that any
ascertained wishes and feelings of the looked after child concerned are given
due consideration by the Minister;
(d) perform
any other prescribed function; and
(e) have regard to any guidance issued by
the Minister in relation to the officer’s functions under this Article.
(9) If the independent reviewing officer
considers it appropriate to do so, the looked after child’s
case may be referred by that officer to the chief officer for children and
young people services.
(10) In this Article “social worker” means a person registered to engage in that registrable
occupation (as defined in the Health Care (Registration)
(Jersey) Law 1995).
43 Minister’s policy on
reviewing looked after children’s cases
(1) The Minister must prepare, publish and implement a written policy regarding when and the
manner in which the Minister is to review looked after children’s cases under
Article 42.
(2) The Minister must provide a copy of the
policy to –
(a) the looked after child,
unless it would not be appropriate to do so having regard to the child’s age
and maturity;
(b) the looked after child’s
parents;
(c) any other person whose
views the Minister considers to be relevant.
Part 9
independent
advocates and complaints
44 Independent advocates
(1) The States may make Regulations requiring
the Minister to appoint independent advocates to act in relation to, and on
behalf of –
(a) children with a health or
development need;
(b) looked after children;
(c) care leavers; and
(d) such other people as
Regulations under paragraph (6) may specify.
(2) Regulations under this Article may require
the Minister to make reasonable arrangements –
(a) for the appointment of
independent advocates in accordance with further provision to be made by the
Regulations of the kind described in paragraph (3)(a) to (e); and
(b) as
to the role and conduct of independent advocates, in accordance with provision
to be made by the Regulations of the kind described in paragraphs (3)(f),
(4) and (5).
(3) Regulations under this Article may, in particular, make provision including provision as
to –
(a) the qualifications
required of an individual to be appointed;
(b) the circumstances in
which an individual may act as described in paragraph (1);
(c) the procedure for
appointment and terms and conditions of appointment;
(d) the circumstances in
which the appointment may end or be terminated and the formalities for doing so;
(e) the
steps to be taken to ensure that children and care leavers are aware of the
availability of the services of independent advocates; and
(f) matters in which independent advocates may help children and
care leavers, and the powers which they may discharge for the purpose of giving
such help.
(4) Matters for the purpose of paragraph (3)(f)
may include in particular –
(a) help to be given to children
and care leavers in obtaining information about, and understanding applicable and relevant provisions of, this Law with particular
regard to the rights of those children and care leavers under it;
(b) help to be given to children
and care leavers as to the proper exercise of those rights; and
(c) help to be given to
children and care leavers who make, or intend to make, any complaints or other representations
under the procedure referred to in Article 45.
(5) Powers for the purpose of paragraph (3)(f)
may include in particular –
(a) the power to visit and
interview a child or care leaver in private;
(b) the power to visit and
interview any person professionally concerned with the child or care leaver;
(c) the power to represent a
child or care leaver who makes any complaint or other representations
under the procedure referred to in Article 45; or
(d) the power to require
disclosure and inspection of records relating to a child or care leaver, and
the circumstances and manner of the exercise of such power (including, for the
avoidance of doubt, provision as to circumstances in which a child or care
leaver may object to disclosure).
(6) The
States may by Regulations make reasonable arrangements as
to the role and conduct of independent advocates in relation to people
specified in those Regulations, including provision as to –
(a) the steps
to be taken to ensure those people are aware of the availability of the
services of independent advocates; and
(b) matters in which
independent advocates may help those people and the powers which they may
exercise for the purpose of giving such help.
(7) Powers for the purpose of paragraph (6)(b) may include in
particular –
(a) the power to visit and
interview those people;
(b) the power to visit and
interview any person professionally concerned with those people; or
(c) the power to represent any
such people who make any complaint or other representations
under the procedure referred to in Article 45.
(8) In this Article –
“children” means the individuals referred to in paragraph (1)(a)
and (b);
“independent” means independent of any other persons involved in a professional
or personal capacity with the child or care leaver.
45 Procedure for complaints
or representations
(1) The Minister must establish a written
procedure (“procedure”) for considering and resolving complaints or representations
made to the Minister about –
(a) the discharge of specified
functions in respect of children and care leavers conferred on any person under
Parts 4, 5, 7 and 8; and
(b) the discharge –
(i) of the Minister’s specified
functions under Part 3 (Ministerial support for children and families), Part 4
(care and supervision) and Part 5 (protection of children) of the Children
Law,
(ii) of specified functions
conferred on any person under the Adoption (Jersey) Law 1961, and
(iii) of such other specified functions
in respect of children or care leavers discharged by
the Minister, or other specified person, whether those functions are conferred
under this Law or under any other enactment.
(2) The duty to establish the procedure does
not extend to decisions of the Court or Law Officers Department.
(3) The procedure must, in
particular, provide –
(a) for complaints or
representations which cannot be considered;
(b) subject to paragraph (4)(a),
for who may make complaints or representations, and when;
(c) for an opportunity for
informal resolution of a complaint at an early stage;
(d) that no person who is the
subject of a complaint takes part in its consideration other than, if the Minister
considers it appropriate, at the informal resolution stage only; and
(e) for complaints or
representations to be made by –
(i) an independent advocate
appointed in accordance with Regulations made Article 44, or
(ii) any other person acting
on behalf of a child or care leaver.
(4) The Minister must –
(a) ensure that children and care
leavers are enabled to make a complaint or representation and are not subject
to any reprisal; and
(b) make a written record of
any complaint or representation, the action taken in response to it, and the
outcome of any informal resolution or investigation.
(5) The Minister must publish the procedure,
review it annually, and publish it when revised.
(6) In this Article –
“children” means all children;
“complaint” means a statement in writing
(including in electronic form) which is made by a child or care leaver or any other person specified in the procedure,
expressing dissatisfaction or disquiet about an act done by or on behalf
of the Minister or any other person specified in the procedure in relation to a
child or care leaver;
“Law Officers Department” is construed in accordance with
Article 1(1)(b) of the Departments of the Judiciary
Law;
“representation” may include a complaint, or may be a statement,
enquiry or comment which requires a response;
“specified” means specified in the procedure.
(7) In the definition “complaint”, an act may
include the standard of any service provided.
Part 10
Closing provisions
46 Regulations and Orders
(1) The States may, by Regulations, amend any
enactment including this Law for the purposes of making such transitional,
consequential, incidental, supplementary or savings provisions as appear to the
States to be necessary or expedient in consequence of any provision made by or
under this Law.
(2) A power under this Law to amend, by Order
or Regulations, any provision of this Law includes the power to make such
transitional, consequential, incidental or
supplementary amendments to any other provision of this Law as appear to the Minister
or States (as the case may be) to be necessary or expedient.
(3) A power under this Law to make an Order or
Regulations for purposes other than under paragraph (1) or (2) includes
the power to make such transitional, consequential, incidental, supplementary
or savings provisions as appear to the Minister or the States (as the case may
be) to be necessary or expedient for the purposes of the Order or Regulations.
47 Children Law amended
(1) In Article 17 (provision of
accommodation for children: general) of the Children Law, in paragraph (5),
for “under 21” there is substituted “under 22”.
(2) In Article 19 (general duty of
Minister in relation to children the Minister looks after) of the Children Law,
for paragraph (1) there is substituted –
“(1) Where
the Minister is looking after any child, the Minister shall –
(a) promote
and support the child’s wellbeing, and safeguard the child’s welfare; and
(b) provide
that child with such services as the child requires in accordance with Part 7
of the Children and Young People (Jersey) Law 2022.”.
(3) For Article 21 (advice and assistance
for certain children) of the Children Law there is substituted –
“21 Advice and assistance for certain individuals
and notification to be given in respect of children leaving certain
accommodation after age 16
(1) Paragraph (2)
applies in respect of an individual who has reached the age of 18 but is under
the age of 22 who, at any time between the ages of 16 and 18,
was –
(a) accommodated by or on behalf of a voluntary organisation;
(b) accommodated in a hospital, nursing home or in any home
consisting of a care home service or any nursing home for a consecutive period
of at least 3 months (whether or not this period
began before the individual reached the age of 16); or
(c) a privately fostered child.
(2) Paragraph (3)
applies where an individual described in paragraph (1) has asked the
Minister for assistance and –
(a) that
individual appears to the Minister to need advice and to be befriended; or
(b) the
Minister is satisfied that the person who was looking after the individual concerned
does not have the necessary facilities for advising or befriending that
individual.
(3) Where
this paragraph applies, the Minister may advise and befriend the individual concerned
and may give that individual assistance which may be in kind or in cash.
(4) Paragraph (5)
applies in respect of a child who is accommodated –
(a) by
a voluntary organisation or in a children’s home; or
(b) in
any home consisting of a care home service or any nursing home, for a
consecutive period of at least 3 months.
(5) Where
a child described in paragraph (4) ceases to be so accommodated after
reaching the age of 16, the organisation, or person carrying on the home which was accommodating the child, must inform the
Minister.”.
48 Citation and commencement
This Law may be cited as the Children and Young People (Jersey) Law
2022 and comes into force on a day to be specified by the States by Act.