Good progress – but more needed, say Independent Jersey Care Inquiry panel

Good progress – but more needed, say Independent Jersey Care Inquiry panel

In the progress report they raised concerns about the difficulty the Island continues to have in recruiting and retaining social work staff, that many Islanders do not trust the decision-making process within government and that the historic dual role of the Bailiff had not been satisfactorily addressed. The panel also said that secure unit Greenfields and Haut de la Garenne should be demolished, despite a public consultation being held after the 2017 report which said the latter building should be saved.

The inquiry panel, headed by Frances Oldham QC, returned to the Island earlier this year to review progress made on recommendations in the panel’s 2017 report.

They praised the swift work in appointing Deborah McMillan as the first Children’s Commissioner, said Charlie Parker’s OneGov programme of government reform was breaking down the silo culture and that there had been a ‘positive response’ to giving children and young people a voice.

However, minutes after the panel chairwoman had delivered a presentation outlining the findings of their two-year on report, head of Children’s Services Susan Devlin was confronted at the public meeting by a woman accusing Children’s Services of being ‘corrupt’ and claiming senior ministers had not responded to her concerns.

Haute de la Garenne                                                             Picture: DAVID FERGUSON. (25866214)

And the director general for Children, Young People, Education and Skills, Mark Rogers – who minutes earlier had been praised by Ms Oldham for his leadership of that department – was repeatedly asked ‘what are you going to do?’

The woman, who the JEP has chosen not to name to protect the identity of her children, said: ‘You signed a pledge to listen to children, you haven’t done it. I’m sick to the back teeth of being fobbed off by the Children’s Services who are supposed to be doing well.

‘All of you people don’t give a damn. You say you’re doing this, you’re doing that – you’re doing jack s***.’

The report said that many Islanders are still ‘distrustful’ of the decision-making process and that an absence of openness often ‘gives rise to distrust and suspicion, leading to sinister motives being attributed to decision-making processes that lack transparency’.

It said: ‘Poor and insensitive handling of complaints or representations and organisational defensiveness are sometimes perceived as attempts to cover up mistakes and protect staff.’

Panel member Sandy Cameron said that Jersey had taken on board the recommendations from the 2017 report and all elements of that report could not be addressed entirely within two years.

‘The message from us is that a lot of good progress has been made in terms of our recommendations,’ he said. ‘There is a lot in place that wasn’t there two years ago.

‘However, there are issues that need to be addressed.

‘There is a big issue such as the sustainability of the Children’s Services workforce which is absolutely critical for the future.

‘We think there is still a way to go. Jersey is a community with long-standing and old structures and sometimes these need to be looked at, challenged and changed.’

He added that Jersey had the potential to be a ‘world leader’ in providing care for children.

WHAT THE PANEL FOUND

The eight core recommendations made in 2017 and what the panel found in implementing those recommendations

1. Appoint an independent Commissioner for Children

Deborah McMillan was appointed as the Island’s first Children’s Commissioner in 2017 and has since had her role enshrined in law following approval from the States Assembly. Ms Oldham said this was a ‘very important step in protecting and meeting the needs of its children and young people’. The panel praised the way in which the appointments process was carried out but did raise concerns about areas of the law, including the access the Children’s Commissioner has to information in pursuit of an inquiry. They also said that in order to maintain ‘future attractiveness’ of the role, the States should consider relaxing residency rules to allow the post-holder to own property in Jersey.

2. Take more steps to give children and young people a voice. The steps should include an effective complaints system, the appointment of a Children’s Rights Officer who will ensure that children in care are supported and annual meetings between the Chief Minister and care-experienced young people.

A Children’s Rights Officer was appointed – albeit on an interim basis, and the panel have found that the States should move ‘as speedily as possible’ to recruit a permanent person to the role. The panel said a ‘positive response is under way’ to this recommendation and backed moves to create a public services ombudsman to deal with complaints against the civil services. The panel also said that the Chief Minister should take the time to meet care-experienced young people from time to time.

3. Establish, within 12 months, a truly independent inspection arrangement for Children’s Services. Inspection teams should include experienced lay people and young people who have been in care.

The panel have said that this latest report marks the end of its work but that further independent inspections be carried out periodically. The Jersey Care Commission has begun tackling this recommendation and commissioned Ofsted to carry out a review last year. The panel added that inspection should not ‘happen simply by invitation’ and a ‘statutory inspection regime’ be introduced. The panel praised the fact that involving care-experienced people is being considered as part of the inspection process.

4. Build a sustainable workforce by recruiting and training suitably qualified staff at all levels.

Several young people told the panel that they had had a number of social workers with one telling them that ‘she no longer bothered to learn the name of her social worker since they changed so often’. The panel raised major concerns about the recruitment and retention of social workers. The panel said that ‘real progress in improving the quality of Children’s Services cannot be made until the vast majority of social worker posts are filled on a permanent basis’. The report suggested that changing ‘long-standing practices’ in relation to housing needs to be addressed as current terms can ‘act as a disincentive for staff to stay in the service’. It said that the social work course, recently started at Highlands, was a ‘positive development’. The panel also found that foster carers often have ‘unnecessary difficulties’ when dealing with Children’s Services

5. Overhaul of legislation so that the youth justice system moves to a model that always treats young offenders as children first and offenders second. A suitable training programme needs to be put in place for the judiciary to this end, including a requirement for regular refresher training.

Secure unit Greenfields has been recommended for demolition as it is ‘entirely unsuitable for the care and welfare of distressed children’ and the panel raised concerns that when they visited there was only one resident who had been there alone for a long time. However, the panel did praise the staff at Greenfields. They also recommended a review of the parish hall inquiry system, particularly when dealing with young people. The panel are ‘pleased’ that a team is working on updating legislation.

6. After every election there should be a briefing for all States Members as to their responsibilities as corporate parents for looked-after children. Members should be unable to take their seat until this has been undertaken.

A briefing for States Members after the 2018 election was held but ‘attended by very few’. The panel have said that future briefings should be mandatory following elections and refresher training implemented.

7. Further consideration should be given to the recommendations made in the Clothier and Carswell reports, which both recommended that the Bailiff should be removed from the States. The panel said this was in response to repeated evidence about the ‘Jersey Way’ and concerns raised about the non-separation of powers between the legislature and the judiciary.

The panel said that splitting the dual role of the Bailiff is a ‘necessary element of modern constitutional governance’. The report said: ‘Reluctance to make progress on a matter which sits at the centre of the negative perception of the Island only further strengthens that perception’.

8. A number of legacy issues must be considered. The inquiry documents must be ‘preserved in perpetuity’, with all public documents retained in the public domain and consideration given to making the archive more easily searchable. There should be some ‘tangible public acknowledgement of those who have been ill-served by the care system over many decades’. That should include a way to acknowledge their suffering in years to come. Consideration should be given to demolishing Haut de la Garenne and ongoing support should be put in place for those who feel they need it.

The panel have once again made calls for Haut de la Garenne to be demolished. They said that notwithstanding the public consultation that building is synonymous with the police investigation into child abuse. The report added that ‘aspects of the design’ of the building had allowed some of the abuse carried out there to be concealed.

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