Legal basis underpinning our procedures

Tri.x procedures have been used as the basis for developing the Islands Safeguarding Children Partnership Procedures Manual. The tri.x procedures are based upon current best practice for safeguarding children and reflect the legislative framework and statutory guidance across England.

The Manual is intended to be read within the context of the law of Guernsey and Alderney. Our primary law is The Children (Guernsey and Alderney) Law 2008 ('Children Law') which introduced a welfare based, integrated model for responding to concerns about children. A short guide to the Law can be accessed on the Partnership website. Because the procedures are adapted from a version used in England, there are references to English legislation, guidance and useful information. The guidance and useful information are likely to be relevant, will support safeguarding practice and a helpful steer in the absence of alternative local guidance. If you are unclear on the applicable guidance or law, you are advised to take advice. 

The Children Law also placed the Islands Safeguarding Children Partnership (1) on a statutory footing with the principal objective of coordinating what is done by agencies for the purpose of safeguarding and promoting the welfare of the children of Guernsey and Alderney. The Partnership covers the separate jurisdictions of Alderney and Guernsey (incorporating the islands of Herm, Jethou and Lihou). Together with the jurisdiction of Sark (which is not part of the Partnership), these three jurisdictions constitute the Bailiwick of Guernsey, an autonomous self-governing dependency of the British Crown. 

Other important local laws include the Human Rights (Bailiwick of Guernsey) Law, 2000 and the Data Protection (Bailiwick of Guernsey) Law, 2017. All laws can be accessed on the Guernsey Legal Resources website, the up-to-date versions are those marked 'consolidated'. 

The Children Law commenced in 2010 and introduced a unique family care and justice system for Guernsey and Alderney. The primary principle of the Children Law is that the child's welfare is the paramount consideration, except where there is an immediate risk to the safety of another person. Where welfare is not paramount, then it should be a primary consideration. Furthermore, this is the overriding principle that should take precedence over any other principle/s where there is a conflict.

The Children Law equally recognises that some children will need additional services to achieve a reasonable standard of health and development; and some may need 'compulsory intervention'. It recognises the difference between children who are 'in need' or 'at risk' and establishes a set of 'child welfare principles' and a 'welfare checklist', which guide decisions relating to a child's upbringing.

The reforms made significant changes to the system including the introduction of two major and distinct bodies, the Children's Convenor Board ("CCB") and the Child, Youth and Community Tribunal ("the Tribunal") alongside a Children's Convenor. These have many elements that are similar to the Scottish Children's Hearing system. More information on the CYCT, CCB and Children's Convenor can be obtained at www.convenor.org.gg.

The introduction of these agencies in the system created an interface of two, separate but interrelated pathways through the system, for public family law matters, to support outcomes for children i.e. the court (long-term, more permanent or emergency interventions) and the Tribunal (temporary, short-term interventions).

The Law also applies to matters before both the Magistrates Court (including the Juvenile Court) and the Royal Court. The courts have a decision-making and judicial monitoring role in matters relating to children and their families which is ultimately driven towards resolving problems. The court has a role in matters of private family law (disputes between individuals) and public family law (state support for, or intervention into, the lives of children and families). The public law aspects involve matters relating to emergency child protection, permanent removal of a child from their families, secure accommodation, the recovery of children in care and appeals against the decisions of the Tribunal.

The introduction of the Tribunal recognised that the court is not always the most appropriate place to deal with matters relating to children. It gives vulnerable children, and those in need, the opportunity to have their case heard outside of a court environment, by a panel made up of a Chair and volunteers from across the community who deliberate on cases. The premise behind the Tribunal is to work with families to help them resolve their issues by taking short term measures that are for the welfare of the child and so in the child's best interests.

The Children Law (s.28(1)) placed a duty upon the Committee to prepare a Children and Young People's Plan (CYPP) every three years which sets out how services seek to meet the needs of children and their families. The current plan sets out four priority outcomes for children:

• Be Safe and Nurtured;
• Be Included and Respected;
• Achieve Individual and Economic Potential;
• Be Healthy and Active.

Effective information sharing underpins integrated working, and it is important to understand the principles of the Data Protection (Bailiwick of Guernsey) Law, 2017 ('the DPL'). Additionally, the duty to act in relation to a child in need or at risk is established by s.27 of the Children Law. This section also provides for the justified disclosure of information when discharging this duty and establishes that disclosure is not unlawful when carried out in good faith and in accordance with the Law or related guidance. 

_{(1) Referred to in the Law as The Islands Child Protection Committee, at s.29}