Mrs McMillan made the allegations in her second submission to the Children, Education and Home Affairs Scrutiny Panel, which is examining how the government’s handling of the pandemic affected the Island’s youth.
In the submission, entitled the Covid-19 Response: Impact on Children and Young People, published yesterday, she also states that a child was locked in a room with no toilet overnight at the Island’s secure children’s home as a result of ‘overcrowding’ during the pandemic.
The 20-page document says the emergency measures introduced during the pandemic impacted upon multiple areas of children’s rights, including juvenile justice and deprivation of liberty, children’s mental health and access to healthcare and education.
The report says: ‘The children’s commissioner had not been consulted on several matters which were pertinent to the rights of children and young people, meaning that the relevant ministers were in breach of Article 25 of the [Children’s] Law. Similarly, the children’s commissioner has not been involved in emergency planning meetings dealing with issues that would affect the rights of children and young people, nor had she been made aware of press conferences that were occurring.’
It adds that – although the situation improved slightly following an apology from Chief Minister John Le Fondré – the government ‘did not meet regularly’ with the commissioner to listen to concerns and answer questions.
According to the report, children were detained during Covid in the Island’s secure children’s home, Greenfields, with those on remand mixing with those convicted – and also with those held for welfare reasons.
The facility was also used as an inpatient unit of the hospital for children with mental-health illnesses. The rate of arrests of children and young people increased in 2020 by 104%.
‘Overcrowding and the need to separate all of these groups meant that a child was placed in a room not designated as a bedroom and with no toilet facilities and they were locked in the room at night,’ the report says.
It adds that the impact on some services meant children with pre-existing mental-health needs were ‘disproportionately affected’ during the pandemic, as it was harder for them to access support. The average number of Child and Adolescent Mental Health Service referrals increased from around 55 per month in 2019 and 2020, to 76 per month so far this year.
Additionally, it argues that guidance on the overnight detention of children ‘falls short’ of the requirements set out by the United Nations Committee on the Rights of the Child.
Speaking to the JEP, Mrs McMillan said: ‘Throughout the pandemic, the government’s focus seemed to be about putting restrictions on children in order to protect adults. And yet, we are now beginning to see that children are among those who have suffered the most over the past 20 months.
‘Children’s commissioners and ombudspersons throughout Europe reported varying experiences. Some, like me, found that their governments did not consult with them in a timely manner, or even at all, while others found that the pandemic brought them into closer working relationships with government colleagues.’
She added: ‘I think this is a useful learning point for us in Jersey, and will hopefully lead to a more deliberately joined-up approach in the future.’
In a statement, Chief Minister John Le Fondré said: ‘During the pandemic, it was incumbent on government to act decisively and effectively. This included a strong ministerial voice for children when decisions were taken, and seeking to consult with the commissioner on matters that directly concerned children, as required by the law.
‘We do believe that the interests of children were at the forefront of our decision-making, for example, home learning, our school catch-up programme, bringing forward the launch of the new Children and Families Hub and most importantly, keeping schools open, on which we were among the most successful jurisdictions in Europe – but we accept that learning can always take place and that the need to respond to the pandemic did cause difficulties for many Islanders. The report of the panel, and the views of the commissioner, will be carefully considered.’
