Children Looked After and Children Living Away from Home

National and local serious case reviews and inquiry have highlighted historical and present evidence of abuse, neglect and exploitation experienced by children living away from home.

At the heart of the Independent Care Inquiry 2017 was the experience of children within Jersey’s care system. Following its findings, The Jersey Children and Young People’s Plan (2019 to 2023), the revised Children, Young People and Families’ Plan 2024 - 2027, the Children and Young People’s (Jersey) Law 2022 and commensurate Statutory Guidance were formed. Where the responsibility of corporate parents towards children who are looked after and care leavers are clearly laid out.

If a child is described as a ‘looked after’ child it means that Children’s Social Care are providing or have arranged for the child to live with:

• An unrelated foster carer(s);
• In residential care;
• A connected carer for example extended family member, grandparent, aunt (who has been assessed and approved by children’s social care);
• In a placement with their parent(s) present, for example a mother and baby foster placement, with another family member and their parent(s) who supervises the care provided by their parent(s);
• Children who are on remand because they are awaiting trial in the youth court or who have received a custodial sentence are also looked after children.

Some looked after children in Jersey enter or remain in the care system under a court order. This is because the Family Court has decided that is in their best interests, and that children’s social care should have parental responsibility for them. These children are described as being ‘in care.’

Some children are looked after in the care system under a voluntary arrangement. A voluntary arrangement can be put in place without any court oversight. It is not a court order. Children’s social care does not have parental responsibility for a child looked after under a voluntary arrangement. So, children in voluntary arrangements are not described as being ‘in care.’ Instead, they are described as ‘accommodated’ by children’s social care.

Children are “in the care of the minister” if they are cared for over 24 hours. The leaving care age in Jersey is 18 years (although some young people leave care at 16 or 17).

After 18, a young person is no longer legally in care or looked after. Childrens social care no longer have a duty to provide them with a social worker.

There is a duty to provide care leavers with continuing support up to the age of 25 if they have been in the care of the minister for a minimum period of 13 weeks from the age of 14 up to the age of 18. Or anyone who meets this description, where the Minister may (by Order specify), where the person at any time before the age of 18 was looked after but ceased to be looked after before that age.

It is the statutory responsibility of a multi-agency of practitioners to work together effectively and in a in a child centred way (see Statutory Guidance).

A corporate parent (see Statutory Guidance) is a named individual or organisation whose role is to work collaboratively with other corporate parents to plan and deliver support to children and young people who are in care or care experienced. This support should be underpinned by the following values:

• Safety;
• Care;
• Stability;
• Opportunity;
• Love.

This support includes being alert to their wellbeing, assessing their needs, promoting their interests and opportunities.

The statutory guidance should be read along with this chapter to understand the role of the corporate parent, where training is also available from Virtual College.

Children living away from home, who are not looked after or in care may be:

• In hospital under a mental health order;
• Placed privately and cared for through family arrangements which have not included children’s social work;
• In private fostering;
• Foreign exchange students;
• On island with adults who do not hold parental responsibility for them.

Given that many young people live away from home because of concerns about their home conditions, it is particularly important that their welfare is protected when they are being cared for outside of their families. Children living away from home can be particularly vulnerable to being abused by adults and peers. Limited and sometimes controlled contact with family and carers may affect a child’s ability to disclose what is happening to them.

Research informs children and young people living away from home are at greater risk and are more likely to:

• Be bullied or abused by peers (see SPB Jersey Bullying);
• Be criminally or sexually exploited (See SPB Jersey Recognising Abuse, Neglect and Exploitation);
• Be the target of all forms of abuse, neglect and exploitation (in particular have been found to be at risk of sexual abuse);
• Go missing (See SPB Jersey Children who go Missing from Home and Education);
• Use substances early in life;
• Suffer social, emotional, mental health difficulties and trauma;
• Have developmental delay, foetal alcohol spectrum disorder, abstinence syndrome.

Children who are disabled and children for whom English is not their first language are particularly vulnerable when they are living away from home (see SPB Jersey Safeguarding Disabled Children).

The list is not exhaustive and may include children and young people exposed to Modern Slavery, Child Exploitation and Child Trafficking. The multi-agency of services must be alert to signs of abuse, neglect and exploitation and make timely and appropriate referrals where required (see SPB Jersey Recognising Abuse, Neglect and Exploitation).

The following essential safeguards must be observed in all settings:

• All practitioners recognise the importance of ascertaining the wishes and feelings of children and young people (see SPB Respecting the voice of the child) and understand how individual children communicate, taking into account their age, capacity and any disability;
• Children are listened to, and their views and concerns responded to;
• Children feel valued and respected, and their self-esteem is promoted;
• The carer and organisation have been assessed and the organisation they live in is regulated by Jersey Care Commission;
• All practitioners including carers are trained appropriately and commensurate to their role in safeguarding children and young people and know how to implement safeguarding child protection procedures. (see SPB Jersey Child Protection Procedures);
• All practitioners including carers are trained to recognise signs of grooming, and what this may look like for the children or young people in the context of the setting they are living in;
• Practitioners should work in a trauma informed way such as suggested by Brook and The Trauma Recovery Academy where they should be  trained to use trauma informed practice;
• Children have ready access to a trusted adult e.g. a family member, social worker, teacher, advocate independent visitor;
• Children and young people supported by to independent advocacy services;
• Complaints procedures are clear, effective, and user–friendly and are readily accessible to children and young people including those with disabilities and those for whom English is not their preferred language (SPB Jersey Raising Concerns);
• Bullying is effectively countered – see SPB Jersey Bullying;
• Recruitment and selection procedures are rigorous and create a high threshold of entry to deter abusers (see SPB Jersey Guidance for Safer Recruitment, Multi-Agency Managing Allegations Framework for Children);
• Contracted or agency practitioners are effectively checked and are overseen when on site or in contact with children and young people;
• Clear procedures and support systems are in place for dealing with expressions of concern by staff and carers about other staff or carers (See the Government of Jersey Whistleblowing Policy);
• There is respect for diversity, and sensitivity to race, culture, religion, gender, sexuality and disability;
• All practitioners including carers are alert to the risks of harm to children in the external environment from people prepared to exploit the additional vulnerability of children living away from home (SPB Jersey Child Sexual Exploitation).

Practitioners must work together and actively listen to children and young people (see Statutory Guidance), this requires practitioners to observe behaviour and be professionally curious in understanding what a child or young person is communicating; whether verbally, non-verbally or through behaviour. Practitioners must be mindful they may not be able to articulate the abuse, neglect or exploitation they are experiencing, factors such as age, capacity, having been groomed or due to fear.

Wherever a child is living, there is a duty to safeguard them from harm, safeguarding is everyone’s responsibility. 
Where a child or young person is at immediate risk of significant harm practitioners must call the police on 999.

Where there is reasonable cause to believe that a child or young person has suffered, or is likely to suffer Significant Harm, within any setting a referral must be made, in accordance with the Children and Young Person Safeguarding Referrals Procedure.

Children who are living away from home (who are not open to Children’s Social Care) must be referred to the Children and Families HUB.

Where a child already has an allocated social worker, for example Children who are looked after have an allocated social worker, significant incidents must be referred to their social worker.

Where a telephone conversation will be required with the allocated social worker or duty social worker, or the social work manager for that child or young person. Any telephone conversation must be followed up in writing, notifying the children’s social worker and their manager of any incident of concern. In an appropriately timed way commensurate to the risk.

It is important that any referral made to an already allocated social worker, is received and a timely response made to protect the child or young person from any further significant harm. Where action must be taken in a timely manner commensurate to the risk. It is the responsibility of the referrer to ensure their concern has been received by Children’s Social Work. Where practitioners are not sure of the action to take they should seek advice from their Designated Safeguarding Leads and or seek advice and guidance from the Children and Families HUB.

Where a child or young person goes missing from home or their place of education practitioners must follow the SPB Jersey Guidance found here.

Following notification of incident of concern or referral, where a Strategy Discussion/Meeting is called decisions will be made if the threshold for an Article 42 Enquiry has been met. Considering amongst other things the need to follow the islands Child Protection Medical Process or Child Sexual Abuse Pathway.

Specific issues to consider in different settings are as follows:

Multi-Agency Managing Allegations Framework for Children

This procedure provides information about dealing with allegations against practitioners (both paid and unpaid) who have contact with children and young people in their work or activities. It is addressed to the employers and organisations responsible for providing services to children and young people, and adults who are parents or carers.

Consideration also needs to be given to any risk associated by those who live with or are in a relationship with adults who are being investigated or have been convicted of offences in relation to children, where the Multi-Allegations Framework for Children sits alongside the Multi-Allegations Framework for Managing Allegations in Respect of People Working with Adults in a Position of Trust.

Where there is reasonable cause to believe that a child is has suffered or is likely to suffer significant harm the Multi-Agency Managing Allegations Framework for Children process will apply and a strategy meeting held in this respect.

Private Fostering

A private fostering arrangement is one that is made without the involvement of Children's social care for the care of a child under the age of 16 (under 18 if disabled) by someone other than a parent or close relative for 28 days or more.

Privately fostered children are a diverse group which includes:

• Children sent from abroad to stay with another family, usually to improve their educational opportunities;
• Asylum-seeking and refugee children;
• Older children staying in short–term arrangements with friends or other nonrelatives;
• Children who stay with another family whilst their parents are in hospital, prison or serving overseas in the armed forces;
• Language students living with host families;
• Children living in Jersey, the UK or overseas who are staying with host families while attending sports coaching. 
  Under the Children (Jersey) Law 2002 section 59, private foster carers and those with Parental Responsibility are required to notify the authority of their intention to privately foster or to have a child privately fostered, or where a child is privately fostered in an emergency;
• Teachers, health and other practitioners should notify the children and family hub of a private fostering arrangement that comes to their attention, where they are not satisfied that the arrangement has been or will be notified.
  See Private Fostering, Part 8 of the Children (Jersey) Law 2002.

Children in Hospital

Hospitals should be child-centred, safe and healthy places for children. Wherever children should be consulted, and their views considered and respected. Care should be provided in an appropriate location and in an environment that is safe and well suited to the age and stage of development of the child or young person.

Children under 16 should not be cared for on adult wards, hospital admission data should include the age of the child, so that hospitals can monitor whether children are being given appropriate care in appropriate wards.

Working closely with children and their families means healthcare workers are in a privileged position, developing therapeutic relationships with them. This provides the opportunity to observe parental attitudes and values towards children often seen through parent child interactions and their relationship with the practitioners.

Health staff must consider the wellbeing, health and development needs of children who are in their care. A child or young person has health and development needs if they are an inpatient at a hospital or an approved establishment for the purpose of receiving treatment for their mental health. Children and young persons with considerable and complex needs who are unlikely to achieve or maintain, a reasonable level of health or development without provision of service support, or their health or development is likely to be significantly impaired, or further impaired without the provision to that child of those services. Or their disability is adversely affecting their health or development (see Statutory Guidance - Levels of Need) must have a health and development wellbeing assessment made.

Discharge from Hospital

Where practitioners have concerns about a child or young person, and referral has been made to the Children and Families HUB, which has resulted in the allocation of a children’s social worker. The child or young person should not be discharged from hospital without the Children’s Social Work notification and where a discharge planning meeting is required a multi-agency action plan to the safeguard the child agreed and recorded.

Children in Custody

The Government of Jersey has the same responsibilities towards children in custody as it does to children who are looked after.

Young Offenders Institutions which accommodate children and young people must have policies and procedures in place which set out their duties to safeguard and promote the welfare of the children and young people in their care.

Language schools

Children who attend language schools in Jersey and are placed with host families for the duration of the course are particularly vulnerable. It is essential that their welfare is protected. The sponsoring agency should have in place child protection policies and procedures, and a robust system for the recruitment and vetting of the host families. This includes safer recruitment DBS (Disclosure and Barring Service) and Police checks, Social Care Services checks and references.

All concerns about the welfare of a child or of Significant Harm to a child should be referred to the Children and Families HUB in accordance with the Children and Young Person Safeguarding Referrals Procedure.

Children of Families Living in Temporary Accommodation

It is important that effective systems are in place to ensure that children from homeless families receive services from health and education, social care and welfare support services as well as any other specific services. A pattern of frequent movement and relocations may lead to the child or young person and their family becoming disengaged from services, leading to missed opportunities to identify needs Where a child who needs specific treatment misses’ appointments due to moves, the problem may become an issue of significant harm.

Temporary accommodation, for example bed and breakfast accommodation or women’s refuges, may be a location which is not secure and safe and where other adults are also resident who may pose a risk to the child and the cumulative effect of moving between different locations may mean missed health appointments and gaps in education.

Where all concerns about the welfare of a child or of Significant Harm to a child should be referred to the Children and Families HUB in accordance with the Children and Young Person Safeguarding Referrals Procedure.

Senior Managers must ensure children and young people in their care, have the mechanism for talking about concerns with people that they have built safe and trusting relationships with.

Managers in all agencies have a duty to ensure the provision of:

• Training for staff working with and/or likely to encounter children, young people and their families;
• Clear and up to date procedures to follow in relation to safeguarding and promoting the welfare of children;
• Ready access to advice, expertise and management support in all matters related to safeguarding children and child protection (including recognition of the need for additional support in particular cases or circumstances);
• Access to single agency supervision, and Multi-Agency Reflective Supervision (MARS) where cases are complex, stuck or drifting;
• Systems to protect staff from violence, bullying and harassment.

Practitioners should have access to regular Internal agency safeguarding supervision.

Agencies should also consider multi-agency reflective supervision where cases are complex, stuck or drifting.

Professional challenge should be welcomed and partnership working depends on resolving professional difference and conflict as soon as possible. Where staff experience professional differences, they must follow the SPB Resolving Professional Difference/Escalation Policy.