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Children in care off the island should be better protected, the Children’s Commissioner has recommended to the Government in her latest annual report.
The Commissioner’s 2022 report, which contains six recommendations for the Government, also calls for a review of the criteria for placing children in secure accommodation and the thresholds related to depriving a child of their liberty.
Overall, the report covers an "exciting, challenging and rewarding year" for Andrea Le Saint, who took over as Acting Children's Commissioner after the departure of Deborah McMillan in August last year.
During 2022, the Office of the Children's Commissioner – an independent body that was established in 2019 following a recommendation made by the Independent Jersey Care Inquiry – made written submissions to the United Nations Committee on the Rights of the Child (UNCRC).
Pictured: The UN criticised Jersey for the lack of communication between children placed off Island and their families still in Jersey.
The UNCRC – a body of 18 independent experts who monitor countries' implementation of the convention – responded that Jersey should develop legislation to safeguard children placed outside of the island, ensure they maintained contact with family and friends, and make sure that their removal from the island was a decision of last resort, which is not covered in the Jersey's Children's Law.
There are currently 17 local children placed in care outside of the island.
The Children’s Commissioner's report has now formally recommended that the Government "develop a legislative framework that ensures a child-rights-based approach is taken when supporting children who are placed in alternative care off the island, and that such placements take place only as a measure of last resort".
Pictured: "How will we make sure they can see their families?"
"There have to be robust safeguards and legal protections in place for children who are placed off the island," Ms Le Saint added. "It's not just like moving down the road; it's a different country. Children are on their own there. They should be afforded all those protections to ensure their rights are upheld."
She explained: "In the UK, distance placements don't lead to good outcomes for children. What will that say for Jersey children? How will we make sure they can see their families? How can we make sure their care plan will be continually reviewed, because situations can change? It's all about putting those policies in place and ensuring good practice."
Ms Le Saint also said that she would like to ensure that "what we provide in the island is suitable as well" and would support the Government in any further campaigns to recruit foster carers.
Pictured: Ms Le Saint said depriving children of their liberty should be a "last resort", which was not always the case currently.
The report further recommends a "review of the current criteria for government departments' applications for secure accommodation orders and their thresholds for the deprivation of a child's liberty".
Placing children in secure accommodation – which is usually done for reasons of welfare, remand or sentencing – was an "increasing pattern", Ms Le Saint said.
She continued: "Any deprivation of liberty should be for the shortest time possible and only in the most significant emergency kind of situation.
"We are asking for the criteria to be looked at to make sure it is being used appropriately as an absolute measure of last resort."
The Children's Commissioner also suggested that ministers and senior officials should receive child-rights-approach training and education programmes on child rights impact assessments.
The report also covered the unforeseen events of the year, namely the departure of the children's commissioner Mrs McMillan in August last year.
Ms Le Saint said: "The team has been nothing short of amazing and supportive as we've continued to carry on with our strategic priorities. It has sometimes felt a bit uncertain, but we continue to deliver to children and young people in the island."
Pictured: The report was authored by Andrea Le Saint, who took over as Acting Children's Commissioner last year.
Ms Le Saint also highlighted the group's initiatives, including Pause for Play, which was launched this year and has received positive feedback.
The programme, which operates with funding from Andium Homes, is a structured family-play scheme at HMP La Moye offered throughout the year to prisoners and their families.
Last year was also the fourth that the Commissioner's team ran UNICEF's Rights Respecting Schools programme in Jersey, with all but one island school now enrolled.
There is "lots to be done" over the coming year, Ms Le Saint added.
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