10 years after a groundbreaking report made recommendations on how to improve a number of children’s laws and services many of its proposals have still not been acted on.

Published in November 2015, the Marshall Report made 21 recommendations – with some falling under the remit of Health and Social Care and other States departments involved elsewhere.

The recommendations were made by Professor Kathleen Marshall who had reviewed the Guernsey Children Law on behalf of the Scrutiny Committee of that time.

Her recommendations included improvements to safeguarding processes and changes to legal policies around tribunal and court processes.

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Pictured: The Children’s Law 2008 came into effect in 2010 with the Marshall Report later making 21 recommendations to improve children’s services and laws.

Out of Professor Marshall’s 21 recommendations, nine had been completed by 2021, and it’s not clear how many more have been implemented since then.

Express asked the States for an update last week but had not received an answer by the time of publication.

We do know that at least four have still not been implemented though after Deputy Lester Queripel used the Rule 14 mechanism to ask HSC about its work on the recommendations.

The committee stated that of the 10 recommendations under its remit, only six have been acted on so far.

“…our children are our future: they have their whole lives ahead of them and they need to know, as we all need to know, they are safe and secure and supported at all times. Especially in times of crisis,” said Deputy Queripel.

“On that note, it concerns me greatly, that after 10 years there are still some recommendations that haven’t been progressed. Suffice to say I will be asking more questions in the not too distant future.”

Deputy Queripel had asked both HSC and ESC about work to implement the proposals made in the Marshall Report. HSC said its work is “nearing completion”.

The progress updates (HERE) indicate that all actions under the Committee are completed or nearing completion towards the desired outcomes,” said the committee.

“The response to recommendation 17 in the below table also refers to proposals for the ongoing evaluation and review of the Children (Guernsey and Alderney) Law, 2008 to allow the proposed changes to the family justice and care system to be measured over time. Actions will then inform future reviews of the Law, and the outcomes achieved for children and families, to therefore ensure that desired outcomes are attained.”

Deputy Lester Queripel
Pictured: Deputy Lester Queripel.

ESC said that none of the Marshall Report recommendations relate directly to its mandate but that it “actively contributes” to the ongoing work to implement the changes.

This includes engaging with Ofsted on matters concerning education including safeguarding protocols and practices which had been highlighted in the Marshall Report.

“Although no recommendations fell specifically to this Committee to action, the Education Office actively contributes to the completion of key recommendations from the Marshall report on the Children Law via its participation in a number of cross-committee groups, including the Children & Young People’s Board (CYPB) and various Safeguarding forums,” said ESC.

“The CYPB provides political oversight and scrutiny of issues affecting children and young people in Guernsey and Alderney, including those in care and care leavers. It aims to drive positive outcomes and acts as the Corporate Parenting Board, overseeing the implementation of the Corporate Parenting Framework; the Board includes members from various Committees and supporting officers, and meets quarterly. It is accountable to the States of Guernsey and the children and young people it serves. The Education Office’s involvement ensures that educational perspectives and responsibilities are integrated into the pursuit and progress of these recommendations.”

Pictured: Michael Derek Cotterill was recently jailed for historic child sex offences.

Reiterating his grave concerns over the lack of progress on the recommendations of the Marshall Report over the last ten years, Deputy Queripel told Express that there is ongoing evidence of the risk children in Guernsey may face and that all of our children need supporting and protecting.

“I am responding to your e-mail on the same day that it has been reported that an 82 year old man has been sent to prison for eight years and 10 months for child sex offences committed 40 years ago here in the island,” he said.

“According to the Press report, this is the fourth time in 51 years he’s been sent to prison for committing sexual offences against children.

“A prime example of why it’s absolutely vital that we support and protect our children at all times, or else they will suffer the consequences for us not doing so.”