Report - Children, Education and Home Affairs - Government Plan 2021-2024 - 1 December 2020

Scrutiny Review of the Government Plan: 2021 - 2024

Children,  Education and Home Affairs Panel Scrutiny Report

1st December 2020 S.R.11/2020

Children, Education and Home Affairs Panel

1. PANEL MEMBERSHIP
2. CHAIR'S FOREWORD
3. METHODOLOGY
4. FINDINGS AND RECOMMENDATIONS
5. DEPARTMENTAL BUDGETS

Departmental Budgets Departmental Heads of Expenditure

Government Plan 2021 – 2024 Review 1

3 4 5 13

13 14

6. PREVIOUSLY REVIEWED ACTIONS, PROGRAMS AND CAPITAL PROJECTS (GOVERNMENT PLAN 2020 – 2023)  15
7. UPDATE REPORTS ON PREVIOUSLY REVIEWED ACTIONS, PROGRAMS AND CAPITAL PROJECTS  22

Actions  22 Programs  24 Capital Projects – Education and Home Affairs  48 Projects – Care of Children in Jersey Review Panel  67 Capital Projects – Care of Children in Jersey Review Panel  125

8. NEW PROGRAMS AND CAPITAL PROJECTS IDENTIFIED IN THE GOVERNMENT PLAN 2021 – 2024  127

New Programs Requiring Additional Revenue Expenditure  127 New Capital Expenditure in the Government Plan 2021 - 2024  128 Reports on New Programs Requiring Additional Revenue Expenditure  128

9. EFFICIENCIES  148

Rebalancing and Efficiencies  148

10. CONCLUSION  163
11. WITNESSES AND EVIDENCE GATHERED  172

APPENDIX 1  173

Terms of Reference  173

1. Panel membership

The Panel is comprised of the following States Members:

Deputy Rob Ward , Chair

Deputy Trevor Pointon

( Deputy Pointon was a Member of the Panel up to 27th November 2020 upon his appointment as Assistant Minister for Health and Social Services)

Deputy Louise Doublet , Vice-Chair

Deputy Mike Higgins

2. Chair's Foreword

This year's Government Plan report has been undertaken with a reduced time span and I thank the scrutiny staff who have produced this document under significant pressure.

The Panel welcome the intention to invest in education but remain concerned over the detail of this investment and the need for tangible outcomes from consultations that have been completed in the preceding months and years.

The pandemic has had a significant effect on all Ministerial portfolios  scrutinised  by  the  Panel.  We  recognise  the challenges this Government Plan must address in 2021 and beyond. We will continue to monitor the large spends put  aside  for  the  response  to  the  pandemic  and  the  fast-changing  situation  we  are experiencing.

I thank those who contributed submissions to the Panel. The involvement of the people of Jersey in the process of scrutiny adds to the value of our reports. I thank Panel Members for their work and contributions to amendments from the panel and the ongoing action of scrutiny.

Deputy Rob Ward

Chair,

Children, Education and Home Affairs Scrutiny Panel

3. Methodology

The proposed Government Plan sets out the approach the Government of Jersey has taken in responding to Covid-19 whilst continuing to invest in the Common Strategic Policy priorities:

1. Put children first
2. Improve Islander's wellbeing and mental and physical health
3. Create a sustainable, vibrant economy
4. Reduce income inequality and improve the standard of living
5. Protect and value our environment.

The Plan outlines the investment proposed in each of these five strategic priority areas and also includes a number of proposed efficiencies within the Government.

The Government Plan Financial Annex has also been lodged which contains supporting information for the Government Plan 2021 – 2024.  

The Scrutiny review of the Government Plan has taken a thorough approach, looking at the projects identified for Additional Revenue Expenditure and Capital Expenditure last year, as well as new projects requiring Additional Revenue Expenditure and Capital Expenditure in 2021. The Panel has undertaken this review in as much detail as possible with the information provided by Government.

A summary table of all Actions (identified last year) and Business Cases (past and present) reviewed by this Panel is provided in Section 1.7 below. Only those Actions that do not correspond to a Business Case are listed in the summary table.

In line with the methodology used during its review of the Government Plan 2020 – 2023, all Scrutiny Panels have agreed to use a common system to report on the status of each project, as follows:

This status means that the Panel has reviewed the background information on the project and is satisfied with it.

This status means that the Panel has reviewed this and either has concerns or considers that it needs more work, or further detail should be provided. It might also mean that the Panel considers it too early to make an informed decision. This may or may not lead to recommendations and/or amendments.

This status means that the Panel has reviewed this and is not satisfied or does not agree with the proposal. This may or may not lead to an amendment.

4. Findings and Recommendations

Findings

FINDING 1

Work  is  ongoing  between  the  Department  for  Children,  Young  People, Education and Skills and the Future Economy Group to lead the development of a post-16 strategy to support the future economy programme. Further information as to the work and outcomes of this programme is required.

FINDING 2

The preferred option for a new Higher Education funding scheme is due to be brought forward for debate in Quarter one 2022 with a view to phasing in the scheme for September 2023.

FINDING 3

The Jersey Premium funding for 2021 has been reduced by £159,000, even though the funding has been extended to students aged between 16 and 19 years of age. The Panel holds serious concerns over this decision given the current climate and longer-term impact on learning that has been caused by COVID-19, especially for vulnerable children and young people.

FINDING 4

The work to bring forward an Early Years policy has been delayed due to the COVID-19 pandemic and the Officers with responsibility being redeployed. It is, however, expected that the final policy recommendations will be completed prior to the Government Plan debate.

FINDING 5

The Government funding received, and the income generated through the hot meals service will keep the pilot scheme for the Primary Schools meal project running until July 2021.

FINDING 6

A skills oversight group, comprised of industry leaders is proposed to be formed and Local Market Intelligence Reports are intended to be shared with them that present the various data sets in relation to skills requirements in Jersey.

FINDING 7

The total number of applications to the EU Settlement Scheme (as of 16th November 2020) is 13,800. This is just over 6,000 less than the initial estimate of EU Citizens residing in Jersey. There will be a grace period' for applications up to the end of June 2021 for which two caseworkers are due to remain in post to support.

FINDING 8

The Legal Aid Scheme continues to operate in a shadow system' managed by the Law Society until the Access to Justice (Jersey) Law 2019 comes in to force. Until such time as the Regulations underpinning this Law are brought forward (to contain the proposed scheme and details of its operation) the shadow system will continue.

FINDING 9

The selection of a new Computer Aided Dispatch (CAD) system for the Combined  Control  Room  has  been  deferred  until  2021  due  to  budget constraints arising from the COVID-19 response. Work to investigate the options for the future of the Emergency Call Handling Service has been accelerated in light of a number of failures in the 999 service in 2020.

FINDING 10

Whilst  it  is  acknowledged  that  the  Ambulance  Service  electronic  patient records and Health and Community Services Patient Records are separate projects, the Panel continues to hold concerns over the future integration of the two systems (once they have been finalised) and cannot give assurances over this at this stage.

FINDING 11

The Children and Families Hub has been expedited as a result of the COVID- 19 pandemic and has been operational since March 2020 rather than the planned start date of September 2020. Legislative provision to underpin the support for children in need is due to be contained in the proposed omnibus amendment to the Children (Jersey) Law 2002 to be lodged in early 2021.

FINDING 12

There has been a delay in the commencement of the work on the Youth Justice Strategy due to the COVID-19 pandemic and Officers being redeployed to support  the  response.  There  is  also  uncertainty  on  the  future  funding requirements for the programme until such time as there is further progress in policy areas relating to it.

FINDING 13

Substantial  work  has  been  undertaken  to  bring  forward  multi-agency safeguarding training for the children's workforce, however, there has been a significant impact on the take-up of training due to the COVID-19 pandemic. It is noted, however, that online training has been developed which has given agencies greater access to training.

FINDING 14

The Panel is concerned that no funding has been allocated to the Citizen's Panel addressing the legacy issues of the Independent Jersey Care Inquiry in 2021, especially in light of the recent controversy in respect of the Care Memorial. There is therefore uncertainty over its future operation and clarity over this is required.

FINDING 15

A service specification for the new service to provide support to children with complex needs is currently being developed, to include the relevant staffing levels. This is also taking into account the new Children and Families Hub and the work taking place to Redesign the CAMHS service.

FINDING 16

There is a lack of clarity over how the funding for the Antenatal Service and support for children with complex needs is apportioned between the two projects. This is also not clear within the Government Plan due to the projects being included in the overall total for the P.82 Children's Services Early Intervention programme.

FINDING 17

Work is ongoing in respect of the redesign of the Children and Adolescent Mental Health Service (CAMHS) in order to identify the preferred model and funding requirement. The Panel can therefore give no assurance at this stage as to whether the funding identified in the Government Plan 2021-24 is sufficient to meet these outcomes at this stage.

FINDING 18

Further details of the services being co-located in the Sexual Assault Referral Centre (SARC) Child's House Model and confirmation of the final siting of the centre are required before the Panel can make a more definitive judgement on the funding allocation for the project in the Government Plan 2021-24.

FINDING 19

The Education Reform Programme is an ambitious project which will take time to fully implement and embed. There is an outline of the funding breakdown, however, this is predominately required to reduce the current deficit within the education system in general.

FINDING 20

A research project to identify the scope of the project (Youth Service English as an additional language) is due to be undertaken and reported back on in 2021. Until such time as this is completed the Panel cannot give assurances as to the level of funding identified in the Government Plan 2021-24.

FINDING 21

The Panel has found that further evidence and a review of the effectiveness of the Covid-19 schools catch up programme is required before assurances can be given over funding levels. The Panel would also raise concern that the programme only covers students from Year 1 upwards and does not address early years.

FINDING 22

Given the fluid nature of the Covid-19 pandemic and uncertainty over the level of resource required to tackle it, the Panel cannot at this stage given an assurance over the level of funding identified for the first 6-months of 2021 (£30 million). It is clear, however, that considerable work has been undertaken, and continues to be undertaken by public sector workers in order to implement the test and trace programme to keep Islanders safe. The Panel would, however,  caution  that  a  significant  increase  in  cases  could  render  the programme unviable within the current resourcing levels identified in the Government Plan 2021-24.

FINDING 23

The funding for the new Firearms Range for the States of Jersey Police is due to come from the Criminal Offences Confiscation Fund. Further details of the proposed siting and specification of the proposed range are required by the Panel  before  it  can  state  whether  the  funding  allocated  is  sufficient  or excessive.

FINDING 24

There  is  evidence  to  suggest  that  the  requirement  for  a  Public  Service Ombudsman is urgent and it should be brought forward as soon as possible. There are, however, practical limitations on this being able to take place until 2022 and therefore the operational start of the project has been deferred until that time. The Panel contend that it would be possible to achieve the aim of establishing the role if funding for the office remained in place and only considered to be an efficiency if the Law drafting process cannot bring the Office into being until Q4 2021.

FINDING 25

The Panel holds concerns over the proposed changes to a pop-up therapeutic unit for young people in residential care with complex needs rather than a full- time unit. The term pop-up unit' is also misleading as it does not relate to a specific provision, rather a wraparound service for children already in existing residential homes. The decision to make this change has come from a needs assessment which the Panel has been informed is yet to be completed. Concerns have also been raised by key stakeholders about the rationale for this change, the independence of it and whether consultation with young people has taken place. The Panel would therefore question how this decision could have been made without this outcome.

FINDING 26

The proposed rebalancing initiative in relation to the Care Leavers offer appears to overlook the concerns and issues that have been raised directly by service users and appears to go against the Government priority of putting children first. There is also concern that whilst demand may be currently low, there is evidence to suggest this may be down to the lack of promotion of the service and demand may sharply rise now that the personal adviser roles are in place. This will require regular review in order to ensure that care leavers are not being denied access to funding to assist them directly.

FINDING 27

It is expected that the main impact of the rebalancing initiative to maintain a 1% vacancy rate within the States of Jersey Police Force over the next four years will be found from back office roles and functions and not front-line services. The States of Jersey Police are currently undertaking a staff review to  identify  where  services  can  be  changed.  The  Panel  cannot  give  any assurance over the ability to meet this target until such time as the staff review is complete.

FINDING 28

Concerns have been raised in general about the closure to the public of the One Front Door' offices at La Motte Street, on which the digital transformation of GST and Customs Service rebalancing programme is heavily reliant in terms of realising its overall savings.

FINDING 29

The rebalancing measure to implement the electronic rostering system within the emergency services is still in the scoping stage, however, a saving of £50,000 has been identified against it. The Panel would question how this level of saving has been identified when the project is still being scoped.

FINDING 30

The rebalancing measure to restructure the intelligence administration function within the States of Jersey Police is reliant upon a process change that would mitigate the need to replace posts. Further details of the process change are required to give full assurance about the identified savings as well as whether they will have a knock-on effect on other areas of operation.

Recommendations

RECOMMENDATION 1

The Minister for Education should provide further information to the Children, Education and Home Affairs Panel in respect of the outcomes of the work between the Department for Children, Young People, Education and Skills and the Future Economy Group. This should include an overview of the key performance indicators and specific outcomes for the programme, governance arrangements of the programme and membership of the Future Economy Group by end of first quarter 2021.

RECOMMENDATION 2

The Minister for Education should ensure that details of the proposed schemes being considered to fund Higher Education are shared with the Children, Education  and  Home  Affairs  Panel  at  an  early  stage  and  that  proper consultation is undertaken on all options being considered prior to a preferred option being identified. We recommend that this project is brought forward to quarter four 2021 with a view to the debate taking place at the earliest opportunity in January 2022, to ensure that any decision can be taken in good time before purdah prior to the 2022 election.

RECOMMENDATION 3

The Minister for Education should reverse the decision to reduce the funding for the Jersey Premium in 2021 and subsequent years. Given the body of evidence that outlines the impact of COVID-19 on learning for vulnerable children, including the Departments own report on learning at home, this appears to be a retrograde decision. The Panel has lodged an amendment to the Government Plan in order to raise the budget to the original allocation for 2021 (£815,000).

RECOMMENDATION 4

The  Minister  for  Education  should  provide  details  of  the  final  policy recommendations arising from the work of the Early Years Policy Development Board as soon as practicable after they are finalised.

RECOMMENDATION 5

The Minister for Education should ensure that a review is conducted prior to the end of the pilot scheme for the Primary School Meals programme in July 2021. This review should set out the future operation of any scheme and identify  the  relevant  funding  for  inclusion  in  the  next  iteration  of  the Government Plan. Given the success of the scheme to date, the Panel is of the view that this should be extended to all States funded primary schools.

RECOMMENDATION 6

The Minister for Education should provide details of the proposed membership of the Skills Oversight Group and also the proposed governance arrangements for the operation of the group. This should be provided to the Panel prior to the group being formally established.

RECOMMENDATION 7

The Minister for Home Affairs should, by the end of December 2020, identify and bring forward proposals in order to target hard to reach' groups of EU citizens in order to ensure they are informed of and given all the relevant information and support in order to complete the application (if they so wish).

RECOMMENDATION 8

The Chief Minister, should outline the proposed timescale for bringing forward the proposed new scheme for the Legal Aid system, as enabled by the Access to Justice (Jersey) Law 2019. Details of the final scheme and timetable should be provided to the Legal Aid Review Panel as a matter of urgency.

RECOMMENDATION 9

The  Minister  for  Home  Affairs  should  provide  further  information  to  the Children,  Education  and  Home  Affairs  Panel  about  the  outcome  of  the investigations to onboard the Emergency Call Handling Service by the end of quarter one 2021.The Panel believes that financial penalties for any future failure in the provision of service should be written into any service level agreements going forward.

RECOMMENDATION 10

The Minister for Home Affairs should review the preferred system for the ambulance  electronic  records  once  the  Health  and  Community  Services Patient Record system is operational to ensure that integration between the two systems is possible.

RECOMMENDATION 11

The Minister for Children and Housing should provide further details of the operation and data up to the end of November 2020 of the impact of the Children  and  Families  Hub.  This  should  also  set  out  the  governance arrangements for the Hub. Within those details the voice of the child should be included.

RECOMMENDATION 12

The Minister for Home Affairs should provide the Children, Education and Home  Affairs  Panel  with  quarterly  updates  on  the  progress  of  the implementation  of  the  recommendations  arising  from  the  Youth  Justice Review. These updates should also include a timeline of planned actions and key milestones for the project.

RECOMMENDATION 13

The Minister for Children and Housing should consider maintaining the online training developed during the COVID-19 pandemic going forward in order to broaden access to training for the children's workforce.

RECOMMENDATION 14

The Minister for Children and Housing should, as a matter of urgency, clarify the future of the Jersey Citizen's Panel and, should this be set to continue, provide the necessary funding to enable it to continue its work.

RECOMMENDATION 15

The Minister for Children and Housing should make available to the Children, Education and Home Affairs Panel, details of the service specification for children with complex needs as soon as it is completed.

RECOMMENDATION 16

The Minister for Home Affairs should, by the end of quarter two 2021, provide the Children, Education and Home Affairs Panel with the full details of the service specification of the Sexual Assault Referral Centre (SARC). This should also include details of the services being co-located and the siting of the service.

RECOMMENDATION 17

The Minister for Education should ensure that the progress of the Education Reform Programme is evaluated and monitored on a termly basis to ensure it is improving outcomes for children and young people. The programme should also be linked to emerging strategies and programmes for early years.

RECOMMENDATION 18

The Minister for Home Affairs should provide the Children, Education and Home Affairs Panel with monthly updates on the operation of the programme as the COVID-19 response progresses to ensure there are sufficient funds available and to provide an overview of the spend to date.

RECOMMENDATION 19

The Minister for Home Affairs should provide the Panel with an update on the progress identifying a site for the new Firearms Range for the States of Jersey once this has been completed. The Minister should also provide the Panel with detailed service specifications for the range prior to any further action being taken in respect of its development. As funding for this project is being found from the Criminal Offences Confiscation Fund, the Panel believes that this should not be accounted for in the Government Plan.

RECOMMENDATION 20

The Chief Minister should ensure that the legislation to underpin the Public Service Ombudsman is lodged by quarter three 2021 with a view to the office becoming operational in shadow form by 1st January 2022.

RECOMMENDATION 21

The Minister for Children and Housing should pause the rebalancing measure that would create a pop-up therapeutic assessment unit for young people in care until the needs assessment is fully completed and full consultation has taken place with key stakeholders.

RECOMMENDATION 22

The Minister for Children and Housing should not take forward the proposed rebalancing initiative in relation to the Care Leavers Offer and should seek to make the efficiency saving from within other budgets. Further work should also be undertaken, through the personal advisers, as a matter of urgency to promote access to this programme amongst care leavers. The Panel has made an amendment to the Government Plan accordingly.

RECOMMENDATION 23

The Minister for Home Affairs should provide the outcomes of the staff review to the Children, Education and Home Affairs Panel as soon as it is completed. The Minister should also provide quarterly updates to the Panel on the staffing levels within the States of Jersey Police which details any impacts on particular service areas arising from vacancies. The Panel is of the view that the Minister should ensure any changes to staffing levels do not negatively impact the level of service available to the public.

RECOMMENDATION 24

The Minister for Home Affairs should keep the operation of the GST and Customs Service rebalancing programme under review to ensure that the closure of the One Front Door' initiative is not impacting the publics access to the services. This should be undertaken on a monthly basis.

RECOMMENDATION 25

The Minister for Home Affairs should provide the Children, Education and Home Affairs Panel with the final outcome of the scoping project for the implementation of an electronic rostering system for the emergency services. This should include the final identified savings as a result of its implementation.

RECOMMENDATION 26

The Minister for Home Affairs should provide the Children, Education and Home Affairs Panel with details of the process change within the intelligence administration  function  of  the  States  of  Jersey  Police  as  soon  as  it  is implemented. This should also include an assessment of any impact on other areas of operation within the Police Service.

5. Departmental Budgets

Departmental Budgets

The Children, Education and Home Affairs Panel scrutinises the work of three Ministers; the Minister for Education, the Minster for Home Affairs and the Minister for Children and Housing (Children's remit only). Therefore, the project policy work contained in the various actions, programmes and capital projects assigned to the Panel predominantly sit under:

Senator Sam Mézec - Minister for Children and Housing, Children, Young People, Education and Skills (children's remit only) – until 9th November 2020 upon his resignation

Deputy  Jeremy  Maçon  -  Minister  for  Children  and  Housing, Children, Young People, Education and Skills (children's remit only) – appointed 17th November 2020

Senator Tracey Vallois - Minister for Education, Children, Young People, Education and Skills

Connétable Len Norman - Minister for Home Affairs, Justice and Home Affairs

Departmental Heads of Expenditure

In the Government Plan 2021 - 2024, the States Assembly has been asked to approve the proposed amount to be appropriated from the Consolidated Fund for 2021, for each head of expenditure. The tables below provide a summary of the proposed "Heads of Expenditure" allocated to the Departments for 2021 and estimates produced for 2022 - 2024:

The 2021 resources allocated to the Ministers which fall under the Panel's remit are as follows:

6. Previously  Reviewed  Actions,  Programmes  and  Capital Projects (Government Plan 2020 – 2023)

The Panel completed its review of the Government Plan 2020 – 2023 and the various actions, projects and capital projects that were assigned to it by the Government Plan Review Panel. This section provides an overview and update on each of the actions, projects and capital projects reviewed last year. Please note that this table also incorporates projects and actions reviewed by the Care of Children in Jersey Review Panel in 2020. This has been added due to the fact that the remit of Children was then scrutinised by the Review Panel prior to the remit's incorporation into the Children, Education and Home Affairs Panel in June 2020.

The tables immediately below identifies the projects included in the Government Plan 2020- 2023, that will continue to be invested in in 2021, and indicates whether the projects are Complete', On Track', Reduced', Delayed', Deferred' or subject to Partial Deferral'.

7. Update  Reports  on  Previously  Reviewed  Actions, Programmes and Capital Projects

This section provides an update on the Actions, Programmes and Capital Projects that were previously reviewed by the Panel during its review of the Government Plan 2020 – 2023.

Actions

Six Monthly Report Status – N/A Previous Scrutiny RAG Rating – Amber Panel analysis  

This particular action is linked to the Education Reform Programme as a result of the Independent  School  Funding  Review  and  Big  Education  Conversation.  The  Panel  has therefore undertaken scrutiny of this project within the new revenue projects for 2021. This can be found on page p.133.

Six Monthly Report Status – Deferred Previous Scrutiny RAG Rating – Amber

Panel analysis  

Noting that there was no reference to this project within the six-month update report the Panel requested further information in relation to the progress made to date. It was informed that work is currently being undertaken in collaboration with PWC and the Future Economy group with a joint working group between CYPES and the Department for Economy to lead this programme.[3]

The Panel was also informed that alignment of the curriculum development for skills of the future and review of the retraining programme is part of the business plan for 2021 and is outlined in the government plan.[4]

Findings

FINDING 1

Work  is  ongoing  between  the  Department  for  Children,  Young  People, Education and Skills and the Future Economy Group to lead the development of a post-16 strategy to support the future economy programme. Further

i nformation as to the work and outcomes of this programme is required.

RECOMMENDATION 1

The Minister for Education should provide further information to the Children, Education and Home Affairs Panel in respect of the outcomes of the work between the Department for Children, Young People, Education and Skills and the  Future  Economy  Group.  This  should  include  an  overview  of  the  key performance indicators and specific indicators for the programme, governance arrangements of the programme and membership of the Future Economy Group

by the end of the first quarter 2021.

Six Monthly Report Status – Deferred Previous Scrutiny RAG Rating – Amber Panel analysis  

Noting that there was no reference to this project within the six-month update report the Panel requested further information in relation to the progress made to date. The Panel was subsequently informed that the post-16 strategy and its intended outcomes is imbedded in the Skills and lifelong learning business plan.[5]

The Minister explained to the Panel in writing that various projects had commenced, however, there has been a delay to the Review of the Apprenticeship programme and Review of the Higher Education funding scheme. The resource implications as a result of Covid-19 had resulted in a delay, however, the Panel was informed that this is now on track as per a revised timeline outlined in the project plans.[6]

Programmes

Six Monthly Report Status – Deferred

Previous Scrutiny RAG Rating – Amber

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis  

Much of the work on models for the future delivery of student finance was completed prior to the pandemic according to the six-month update report. The Minister had agreed for this work to resume in September before being reviewed by education, policy and finance officers. An extension of the current model is therefore required to allow funding to continue while this review is ongoing.

In response to a written question the Panel was informed that the models are being worked against the aspirations for the Higher Education funding model articulated in a set of Ministerial Principles for the new Higher Education funding scheme. The officer team consisting of a multidisciplinary group involving Skills, Education, Strategy Policy Planning and Performance and Customer and Local Services are also involved in bringing this forward.[7]

Furthermore, it was confirmed that the initial work on analysing the options aims to facilitate an informed decision-making process by the ministerial team before a detailed new scheme is developed in readiness for the 2023 academic year. Funding sustainability models will be done to ensure that the funding of the new scheme is affordable especially when the modelling of the current scheme is extrapolated for the cohorts of students who are in the scheme by Sept 22/23 academic year.[8]

The Panel was informed that the preferred option is intended to be brought forward for debate by the States Assembly in quarter one 2022 with a view to phasing the scheme in for September 2023. The impact of Covid-19 on the current scheme according to the Department

is currently unknown due to the short period of time since the start of the current academic year.[9]

The Panel also questioned what the take-up of the current scheme was at present and was provided with the following figures:

Findings

FINDING 2

The preferred option for a new Higher Education funding scheme is due to be brought forward for debate in Quarter one 2022 with a view to phasing in the

scheme for September 2023.

RECOMMENDATION 2

The Minister for Education should ensure that details of the proposed schemes being  considered  to  fund  Higher  Education  are  shared  with  the  Children, Education and Home Affairs Panel at an early stage and that proper consultation is undertaken on all options being considered prior to a preferred option being identified. We recommend that this project is brought forward to quarter four 2021 with a view to the debate taking place at the earliest opportunity in January 2022, to ensure that any decision can be taken in good time before purdah prior to the 2022 election.

Six Monthly Report Status - Partial deferral

Previous Scrutiny RAG Rating – Green

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis

Within the six-month report it was stated that most of the funding had been devolved to schools, who had devised plans and implemented strategies for pupils eligible for the Jersey Premium. In addition, funding was re-focused during the lockdown to support eligible students during the school closure period. It was also explained that a partial funding deferral had resulted in a deferral for 2020 of the proposed extension of funding to students with Jersey Premium eligibility aged 16-19 years.

Upon further questioning regarding the partial deferral of the project, the Panel was provided with the following information by the Minister for Education:

The wording in the 6-month update report is not entirely accurate, the error is regretted, and the Minister apologises for this. Jersey Premium was extended to all eligible 16- 19-year-old students in 2020 and will be provided to them in 2021.

The revised budget provides GP growth of £656k in 2021 compared with the planned £815k.[10]

The Panel questioned why the budget for the Jersey Premium had been reduced by £159,000 in 2021 and by £180,000 in the three subsequent years. It was provided with the following information:[11]

The 2020 budget was £2,899,000 and the forecast spend at the end of October is £2,562,000 so a forecast underspend of £336k.

As part of the 2021 rebalancing exercise £159k was removed from Jersey Premium within "Improving Standards". The GP20 proposal was for an additional £815,000 in 2021 compared with the 2019 base but it is now revised to £656,000.

In 2021, there will therefore be £591,000 more budget available than will be spent by the end of 2020. (£255k more budget plus the underspend of £336k).

The Panel holds significant concerns in relation to this reduction, especially in light of the impact of the pandemic on the most vulnerable children which the Jersey Premium would likely apply to. It is noted that additional funding is provided in the Government Plan 2021-24 to tackle the effects of Covid-19 on children's learning, however, it would contend that as the Jersey Premium is a targeted funding stream used by schools to address need where it arises

this reduction should be reconsidered. It cannot therefore support this project whilst the significant reduction exists in the funding.

Findings

FINDING 3

The Jersey Premium funding for 2021 has been reduced by £159,000, even though the funding has been extended to students aged between 16 and 19 years of age. The Panel holds serious concerns over this decision given the current climate and longer-term impact on learning that has been caused by COVID-19, especially for vulnerable children and young people.

RECOMMENDATION 3

The Minister for Education should reverse the decision to reduce the funding for the Jersey Premium in 2021 and subsequent years. Given the body of evidence that  outlines  the  impact  of  COVID-19  on  learning  for  vulnerable  children, including the Departments own report on learning at home, this appears to be a retrograde decision. The Panel has lodged an amendment to the Government

Plan in order to raise the budget to the original allocation for 2021 (£815,000).

Six Monthly Report Status - On track Previous Scrutiny RAG Rating – Amber

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis  

The six-month report explained that the use of additional funding had been granted to deliver free lessons to 124 pupils whose parents were in receipt of income support. A research project had been designed and started in Summer 2020. Its aim was to establish how best to support the musical development of young people.

The Panel were provided with a further update that stated the research project was in relation to Special Education Needs and Alternate pupils and was due to be reported back to the Minister by the end of November. The project was commissioned and carried out by Music Education Solutions; a Birmingham based educational consultancy firm.[12]

In relation to the numbers of students that had accessed lessons, 124 were stated in the six- month update report. Further information provided explained that 88 pupils received a weekly individual or small group instrumental tuition session in the spring term 2020 which rose to 93 in the summer term and 97 in the current term.[13]

It was further explained that the 2021 budget allocation for implementing recommendations arising from the SEN and Alternate Curriculum research findings was £6,000 and a £30,000 allocation for continued delivery of free lessons to pupils on income support.[14] It is important to note that the budget allocations for subsequent years have not been included in the Government Plan 2021-24 and have not been provided to the Panel at this stage.

Six Monthly Report Status – Deferred

Previous Scrutiny RAG Rating – Amber

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis  

The six-month update report explained that the monitoring of those schools that require improvement under the Jersey School Review Framework (JSRF) is currently underway. Where feasible, school visits took place during 2020, and it was expected that these visits would resume in September 2020 when the new academic year began.

The Panel questioned whether the independent school funding review and education reform programme would have any implications for the JSRF early in 2020, which the Minister for Education did not anticipate at that stage. The Panel followed this up upon completion of the various reviews in Autumn 2020 and was informed that, apart from the delay caused by Covid- 19, no other implications were expected within the following 2 years of the 3-year cycle of reviews. It was confirmed that, of the budget allocation for 2020 (£130,000), only £31,000 had been spent on school support due to Covid-19 and the subsequent travel restrictions which limited improvement works in 2020. The Panel notes that the allocation for 2021 remains at the budgeted amount of £130,000 as was originally set for 2020.[15]

Six Monthly Report Status - On track Previous Scrutiny RAG Rating – Amber

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis  

The six-month update report highlighted the successful implementation of the Year 5 French programme across eight Jersey primary schools and that it is proposed this programme is extended to all schools. The scheme provides a six-week immersive programme in which Year 5 pupils receive daily tuition in French, supported by expert teaching and centrally provided resources. The six-month report explained that the success of the programme was in the design, high calibre teaching and the fact that these 9-10-year-olds receive as much teaching (from the programme) as GCSE students. This investment is part of a wider Languages Strategy to strengthen linguistic prowess in Modern Foreign Languages (MFL), including European languages and Mandarin, as well as Jèrriais. Currently, funding has been used to pay the salary of the specialist teacher. A further part-time teacher has been employed from September  2020.  Resources  have  been  procured  to  implement  the  project  across  all Government of Jersey primary schools as soon as is practicable.

The Panel questioned how this project had operated during lockdown and was given the following information:

In addition to preparing for the full launch of the French Experience in September, between March and July the lead teacher French produced bespoke Jersey scheme of work for French for years 3,4 5 and 6 and launched it with schools ready for the

September start. This scheme replaced an out of date scheme, and the need for schools to buy external schemes. It provides detailed lessons, fully resourced and linked to the inclusion of the French Experience and has been warmly received by schools. In addition the Lead teacher produced online French lessons that were available to some schools during lock down and which have formed a part of the covid- proofing of future planning. She also supported a number of schools with face to face teaching and online teaching during the learning at home period. She contacted schools to arrange the September launch, reworking original plans after the cancelation of the programme in the summer term, and after the appointment was made in June, inducted the new 0.5 French teacher into the programme.[16]

The Panel was also informed that bespoke training is also being implemented to support class teacher colleagues working with the French Experience. Headteachers have given positive feedback in relation to this training.[17]

The Panel questioned how the success of the programme was measured. It was confirmed that  this  was  done  with  pre  and  post-programme  assessments,  alongside  end  of  year assessments based on the four strand of the Year 5 and 6 French Curriculum and linked to the GCSE gradings which they overlap. Parent, pupil and teacher feedback is also recorded.[18]

Noting that the budget allocation for this project was not clearly broken down in the Government Plan (on p.193 this project is combined with others and entitled Schools and Education – Improving Standards) the Panel requested further information about the budget allocation for 2021 and how it was broken down. The following information was provided:

The budget allocation for this project covers the salaries of the fulltime (since 1.4.20) and 0.5 (since 1.9.20) French teachers plus for this year £10,000.00 which has paid for the initial set up and resourcing of the programme within Covid-19 guidelines (each school class requires its own set of books and materials as these cannot be shared between bubbles), general resource costs (printing, consumables etc), teacher training (online teaching training and Teams facilitation training), administration and travel expenses.[19]

It is important to note that the budget allocations for subsequent years have not been included in the Government Plan 2021-24 and have not been provided to the Panel at this stage.

Six Monthly Report Status - On track

Previous Scrutiny RAG Rating – Green

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis  

The six-month report explained that a working partnership with the local charity Every Child our  Future' (ECOF)  has  seen the  very  successful re-introduction  of Reading  Recovery teaching to a range of Jersey's primary schools serving the most challenging needs. Led by the CYPES English Adviser, ECOF funded three teachers for a three-year period under a Memorandum of Understanding (MoU) with the Department. This sat alongside funded reading interventions for older pupils and the training and deployment of over 600 reading volunteers  in  local  schools.  The  report  states  that  Reading  Recovery  is  the  strongest internationally  evidence-based  reading  intervention  for  this  age  group.  This  funding  is therefore intended to broaden the impact of the programme and will mean a doubling' of investment as ECOF will seek further corporate sponsorship to extend the offer. Currently funding has been used to pay the salaries of the existing contracted two teachers, with growth to also fund the third post, making up the complement of three teachers under the previous MoU, and further training and succession planning. No other projects have started due to the pause while efficiencies were established.

The Panel questioned what corporate funding was in place or had been sought to support this programme and was informed that the funding for 2021 onwards will cover the cost of the teachers for the programme.[20] A new teacher will also be in post from January 2021.

Six Monthly Report Status - Partial deferral Previous Scrutiny RAG Rating – Amber

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis  

The Panel notes that the Big Education Conversation findings report was published in October 2020 and is expected to lead to further work looking at inclusion and governance in order to inform subsequent proposals to revise the Education Law. The six-month report explained that the growth funding had supported the work of a policy officer and provided funding to securing expert third party support, a small proportion of which may be deferred.

The Panel was informed that no third-party support was utilised during the Big Education Conversation review as this was managed by the Department for Strategic Policy, Planning and Performance. A third-party organisation was, however, utilised to arrange and facilitate focus groups.

Further information about the immediate priorities emerging from the work was provided as follows:

The immediate priorities in terms of legislative changes have yet to be determined. The  areas  of  change  will  be  informed  by  the  Education  Reform  Programme commencing in 2021 and the strategic/policy initiatives that are brought forward as part of the programme. Not all measures will require legislative change but, for example, areas such as raising the age of mandatory education to 18 or changes to school governance arrangements will require legislative changes if approved in principle.[21]

Six Monthly Report Status - On track

Previous Scrutiny RAG Rating – Green

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis  

The six-month update report explained that for the academic year 2020/2021, four additional reception forms have been opened to accommodate all children entering Reception. The number of children requiring school places is continually reviewed and it is anticipated that a further bid will be required for the academic year 2021/2022.

Six Monthly Report Status – N/A

Previous Scrutiny RAG Rating – Amber

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis

Noting that there was no reference to this particular policy within the Government Plan six- month update, the Panel questioned why there had been a reduction in the budget allocation for 2021 from £1.1 million to £889,000. It was explained that the funding had been reduced in order to fund the Jerriais plan.[22]

The Panel noted that the Covid-19 has impacted the progress of the policy due to the policy officer support being required to work on the response to the pandemic. It was, however, informed that final drafts of the policy recommendations are due to be ready prior to the debate on the Government Plan. These recommendations require approval from the Chief Minister and after this an implementation timeline will be identified. It was stated in a response to the Panel that it was still possible to implement in time for September 2021.[23]

Findings

FINDING 4

The work to bring forward an Early Years policy has been delayed due to the COVID-19 pandemic and the Officers with responsibility being redeployed. It is, however, expected that the final policy recommendations will be completed prior to the Government Plan debate.

RECOMMENDATION 4

The  Minister  for  Education  should  provide  details  of  the  final  policy recommendations arising from the work of the Early Years Policy Development Board as soon as practicable after they are finalised.

Six Monthly Report Status – Complete Previous Scrutiny RAG Rating – Amber

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis

To support the new school build and the expansion of IT required to accommodate the larger footprint, an IT equipment refresh was needed to complete the fit-out of the school. Equipment received and installed on time.

Six Monthly Report Status – On track Previous Scrutiny RAG Rating – Amber

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis

The six-month update report explained that the Primary School Meals Pilot Programme was successfully implemented but was put on hold due to pandemic related school closures.

The Panel questioned how much of the allocated spend for 2020 had been spent to date. As of the end of September a total of £100,000 had been spent[24]. The following information was also provided to the Panel about the success of the scheme:

Some  staff  costs  (Chefs  and  delivery  services)  were  paid  during  the  Covid-19 lockdown to provide a Community Meal Service to our most vulnerable children and families. The service delivered nearly 11,000 2 course meals to 293 vulnerable households and prevented a number of safeguarding incidents including one where 3 women were moved to safety at the Women's Refuge - this service during difficult times provided a second set of safeguarding eyes.[25]

The Panel was informed that received Government funding and income generated through the hot meals service will keep the pilot scheme operational until the agreed finish date for the programme which is 31st July 2021.[26]

Findings

FINDING 5

The Government funding received, and the income generated through the hot meals service will keep the pilot scheme for the Primary Schools meal project running until July 2021.

RECOMMENDATION 5

The Minister for Education should ensure that a review is conducted prior to the end of the pilot scheme for the Primary School Meals programme in July 2021. This review should set out the future operation of any scheme and identify  the  relevant  funding  for  inclusion  in  the  next  iteration  of  the Government Plan. Given the success of the scheme to date, the Panel is of the view that this should be extended to all States funded primary schools.

Six Monthly Report Status – On track Previous Scrutiny RAG Rating – Amber

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis

The six-month report explained that the Digital Jersey Academy opened last year and is now fully operational, with the 2-year Digital Leadership programme created and being delivered in both Full (7 students) and Part-time (11 students) formats to the first cohorts of students. The programme was expected to expand to 20 part-time and 15 full time students by September 2020. The Digital Leadership Fundamentals course ran for free for 6 weeks and delivered to 54 students. In addition, the Academy has run two 6-week Digital Marketing courses; a 6-week Data Science course; and an 8-week UX course. During the remainder of the year, the Academy is planning to run (pending take-up) courses in data science, UX/Media, Podcasting, digital marketing, coding with web applications.

The Panel questioned what impact the Covid-19 pandemic had had on the delivery of this project. It was explained that whilst the Academy went into lockdown for 6-weeks, this did not

affect delivery of the courses which were conducted via Zoom calls. As of September, face- to-face sessions have resumed, and all content can be delivered online if required.[27]

The Panel was also provided with the following additional information in relation to the programme:

• The Academy has 58 students, with full and part-time students across year 1 and year 2 cohorts. The centre also offers short courses in topics from Digital Marketing, Data Science, Photoshop, and Coding, and these typically run for between 100 and 150 learners per-year.

• In September 2020 the Academy welcomed 13 full-time and 16 part-time students onto its anchor Digital Leadership programme.

• Targets for student income in both years one and two have been exceeded, approx. 50% generated from full-time DLP, the other 50% is from the part-time DLP, short- courses and industry projects and tailored courses. Broadly half of students are self- funding their full-time or part-time studies, with the remaining funded from Student Financing. Revenue from industry for sponsorship of projects/tailored courses has been lower than forecast, in part due to Covid-19. A rise in industry income for 2021 is anticipated from several activities, for example Podcast creation and subsequent subscriptions.[28]

Six Monthly Report Status – On track Previous Scrutiny RAG Rating – Amber

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis

The six-month update report explained that a review of the Trackers and Apprenticeship scheme was concluded in March 2020 together with a review of the supply and demand gap

of the skills in Jersey. Furthermore, curriculum development at Highlands college was aligned to address the gap identified and a new Higher Education provision was introduced to bridge the gap. The appointment of the permanent Principal of Highlands College and University College Jersey as a key role player in the review of the provision of further, higher and professional education concluded successfully in April 2020. Collaborative work between Skills Jersey, Highlands College, Digital Jersey Academy, Jersey Business and Back to work enabled the Government to reduce duplication and improve the effectiveness of its activities aimed at upskilling and reskilling the islanders. The update report explained that regular monthly Local Market Intelligence is produced and shared with partners and in collaboration with Team Jersey Skills Directorate is engaged and contributing to the future workforce programme. The Skills Directorate has also commenced working closely with PWC – the government future economy partner to ensure this programme is informed of the recent activities taken place in this area.

The Panel questioned what duplication existed and how it was being addressed by the joint working group. It was informed that a single application process had been created as one means of reducing duplication. Furthermore, duplication between pastoral care and mentoring had been identified with a review of mentoring due to take place with a view to incorporating pastoral care and closer working with College Departments as part of the Target Operating Model for CYPES.[29]

The Panel also requested further information about what type of data was collected and presented as part of the Local Market Intelligence reports. Examples were given by the department including:

• Monthly job market broken down by skills

• Monthly comparisons of increase and decrease in roles being advertised

• Skills analysis of what skills are in high demand from jobs advertised[30]

It is also proposed that a skills oversight group is created from industry leaders and that this information is shared with them.[31]

Findings

FINDING 6

A skills oversight group, comprised of industry leaders is proposed to be formed and Local Market Intelligence Reports are intended to be shared with them that

presents the various data sets in relation to skills requirements in Jersey.

RECOMMENDATION 6

The Minister for Education should provide details of the proposed membership of the Skills Oversight Group and also the proposed governance arrangements for the operation of the group. This should be provided to the Panel prior to the

group being formally established.

Six Monthly Report Status – On track

Previous Scrutiny RAG Rating – Green

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis

The Six-month update report explained that the Jèrriais Teaching Service team, along with other stakeholders, have now developed the Jèrriais Language Plan 2020-2023, which outlines aims and objectives to protect and promote Jèrriais, centered on five strategic themes. These themes build on the aims of the earlier Jèrriais Plan 2017-19 in seeking to increase the acquisition, use and status of Jèrriais through education and the wider community. In addition to this, work is underway to secure ratification for Jèrriais under the terms of the European Charter for Regional and Minority Languages, which will bring Jersey into line with other UK minority languages like such as Manx and Cornish. Currently, funding has been used to pay the salaries of the current four teachers and, subject to formal Ministerial sign-off, growth funding will be released to increase the service by an additional three teachers.

Six Monthly Report Status – N/A Previous Scrutiny RAG Rating – Green

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis

The Panel noted that there was no reference to this project within the six-month update report. It therefore requested further information on the status of the project, including the expectation that there will be a grace period' during 2021. Further details in relation to the additional funding requirements for 2021 were also requested (noting that no funding was identified for the project in 2021). The Panel was provided with the following information:

The project has run well other than the inability to complete the process of applications due the Covid-19 restrictions preventing in-person appointments. An online solution provided by Yoti is being launched which will allow the outstanding applications to be completed without the need for an in-person appointment. The online solution has cost approximately £10,000 which is being absorbed by JCIS.

There are now over 13,800 applicants to the scheme. 4,600 have been completed and all the remaining applications have been processed to the point of only requiring the Yoti online step.

Funding is in place for the two Settlement Scheme caseworkers until the end of 2020. A business case has been submitted to the Government Plan for an extension of the funding to allow the caseworkers to remain in post until the end of the Grace period, 30 June 2021.

No revenue is generated from the Settlement Scheme as there is no fee associated with it.[32]

The Panel notes that the initial estimate for the number of EU citizens residing in Jersey was 20,000. Given the total number of applications is just over 6,000 less than that total, the Panel would question what is being done to identify those who are hard to reach' to ensure they have every opportunity to apply to the scheme prior to the closing date.

FINDING 7

The total number of applications to the EU Settlement Scheme (as of 16TH November 2020) is 13,800. This is just over 6,000 less than the initial estimate of EU Citizens residing in Jersey. There will be a grace period' for applications up to the end of June 2021 for which two caseworkers are due to remain in post

to support.

RECOMMENDATION 7

The Minister for Home Affairs should, by the end of December 2020, identify and bring forward proposals in order to target hard to reach' groups of EU citizens in order to ensure they are informed of and given all the relevant information and support in order to complete the application (if they so wish

Six Monthly Report Status –  Reduced/ Complete Previous Scrutiny RAG Rating – Green

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024: (Financial Crimes Unit - Economic Crime & Confiscation Unit)

Funding  allocation  requests  in  Government  Plan  2021-2024:  (Financial  Crime Enforcement)

Funding allocation requests in Government Plan 2021-2024:

Panel analysis

Financial Crimes Unit – Law Officers - Reduced

The six-month report explained that there had been a delay on financial crimes recruitment and a reduction in costs. This funding supports the Economic Crime and Confiscation Unit (ECCU)  established  within  the  Law  Officers' Department  in  2017.  The  ECCU  provides specialist complex case investigative capability within the Attorney-General's Department for financial crimes and confiscations. A staffing shortfall in the unit will result in an underspend in 2020. The Panel was informed that the reason for the staffing shortfall was as a result of one of the two investigators leaving post unexpectedly. 2 new ECCU investigators are due to start in January 2021.[33]

Financial Crimes Unit – States of Jersey Police - Complete

The six-month report explained that the contingency funding provided allowed an increase in the number of investigators for the first time since the previous International Monetary Fund (IMF) inspection in 2008, including three Detectives, two Police staff and one Advocate. These individuals remain in post and now form part of the broader JFCU Operations Unit. The management of caseloads has improved as has the timeline to progress investigations to the Law Officers Department. The report also stated that workload volumes remained at a level to justify the JFCU contingency funding now being included in JFCU's base budget. Previously funded contingency posts have also now been augmented to the base budget.

Six Monthly Report Status – Partial deferral

Previous Scrutiny RAG Rating – Green

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis

Recruitment completed for 2019 and 30 contracts issued for 2020. Deferred recruitment of ten Police Officers and four Police staff posts until 2021. The Panel questioned what the current total number of uniformed police officers within the force was as of September 2020 and was informed that this now sat at 213.6 FTE.[34]

Six Monthly Report Status – Partial deferral Previous Scrutiny RAG Rating – Amber

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis

The six-month report explained that, currently, there is an underspend on Hired Services with year-to-date actuals excluding a £36,000 accrual. This arises from the changes required to the Legal Aid system under the Access to Justice (Jersey) Law 2019. For the new system to be fully functional, the new Legal Aid guidelines (which have been drafted but not yet approved) need to be implemented. In the interim, a shadow system is in place, operated by the Law Society.

The Panel requested further details as to the shadow system that is currently in place and was provided with the following information:

The Legal Aid office continues to function as it did prior to the Access to Justice (Jersey) Law being drafted, issuing Legal Aid certificates and administering both the Duty Advocate (at Court) and the Duty Lawyer (Police and Customers attendance) scheme ("the Schemes"). The criteria for eligibility for Legal Aid in both civil and criminal law remains as it was when last amended in June 2010.

 Funding for the Legal Aid Office was approved in the Government Plan 2020-23 (GP) in the initial sum of £400,000 with an anticipated 3% increase on initial capital sum year on year for the duration of the GP. The funding covered anticipated payments of legal fees under the Schemes, payment of Legal Aid Office staff salaries, contribution towards the rental of the new premises (pro rata with the Law Society), IT support costs and maintenance, IT hardware to run the office and ancillary costs.[35]

The  Panel  also  requested  additional  information  in  relation  to  the  current  governance arrangements that exist within this shadow scheme, especially in light of the absence of the new scheme. It was provided with the following information:

In regard to the running of the Legal Aid Office (that is to say the issuance of Legal Aid certificates and the management of the Office staff and facilities), until the Access to Justice (Jersey) Law 2019 comes into force, that remains the responsibility of the Law Society under the direct supervision of the Chief Executive Officer (of the Law Society) who personally oversees the day to day running of the office.

As to the funding, the Law Society CEO is fully aware of the constraints that exist with the Judicial Greffe's budget in respect to the Legal Aid Office. The Judicial Greffe receive quarterly invoices from the Law Society in respect to the costs and the invoices are scrutinised and verified by the Judicial Greffe prior to payment.[36]

Findings

FINDING 8

The Legal Aid Scheme continues to operate in a shadow system' managed by the Law Society until the Access to Justice (Jersey) Law 2019 comes in to force. Until such time as the Regulations underpinning this Law are brought forward (to contain the proposed scheme and details of its operation) the shadow system

will continue.

RECOMMENDATION 8

The Chief Minister, should outline the proposed timescale for bringing forward the proposed new scheme for the Legal Aid system, as enabled by the Access to Justice (Jersey) Law 2019. Details of the final scheme and timetable should

be provided to the Legal Aid Review Panel as a matter of urgency.

Six Monthly Report Status – Complete

Previous Scrutiny RAG Rating – Green

Funding allocations approved in Government Plan 2020-2023:

Funding allocation requests in Government Plan 2021-2024:

Panel analysis

The growth funding in the sum of £35,000 awarded to Jersey Probation and After Care Service has been used to meet the inflation shortfall in the salaries of four staff (Portuguese offender worker,  Court  Liaison  Officer,  Restorative  Justice  Officer  and  ADAPT  Domestic  Abuse Coordinator), who remain partially funded by the Building a Safer Society Strategy (BASS), in Justice and Home Affairs. The Panel would also point to the additional funding request for 2021 which it has reviewed on p.144 of this report.

Capital Projects – Education and Home Affairs

Six Monthly Report Status - N/A

Previous Scrutiny RAG Rating – Amber

Funding allocations approved in Government Plan 2020-2023: