News and Insights

In March 2024 the Children and Young People (Jersey) Law 2022 (the “CYP Law”) came into force. The CYP Law takes Jersey in a positive new direction in terms of the welfare and safeguarding of children and young people.

The legislation was implemented further to the recommendations of the 2017 Independent Jersey Care Inquiry Report, which highlighted the lack of modern legislative framework which promotes the welfare and safeguarding of children and young people, notwithstanding that Jersey had signed up to the UN Convention on the Rights of the Child in 2014. Guidance on the CYP Law can be found on the Government of Jersey’s website: Children and Young People Jersey Law 2022 Statutory Guidance (gov.je)

The overriding objective of the CYP Law is “to promote and support the wellbeing, and safeguard the welfare, of children and young people” (the “Overriding Objective”). Responsible Ministers, corporate parents (see below), safeguarding partners and relevant providers must all have regard to the Overriding Objective.

The CYP Law includes updated protection for children and young people in care and care leavers up to the age of 25. Well-being assessments must be undertaken for those in care and care leavers. 

The CYP Law also places an express legal obligation on those working with (or for) children and young people in care to prioritise, support and safeguard their well-being, introducing the concept of the “corporate parent” to Jersey legislation. Under the CYP Law a corporate parent is an individual or organisation listed in the Schedule to the law.

Examples of corporate parents include the Chief Minister, education providers, parishes, Andium Homes, the Jersey Probation and After-Care Service and the police.

One of the corporate parents identified in the CYP Law is the Minister for Children and Education – but this role no longer exists. Clarification will be required as to the office-holder or organisation responsible for the matters previously assigned to the Minister for Children and Education under the new legislation. As with all laws, reviews and amendments will be necessary to ensure the law remains accurate and workable for those trying to navigate and comply with its provisions.  

Those who work with children and young people and, indeed, children and young people themselves, will need to be aware of this new law and understand what it means. Effective and up to date training and legislative guidance will be critical to ensure that the children and young people of Jersey receive the benefits and protection this law is intended to provide.