Explain The Main Legislation And Guidelines Affecting The Safeguarding Of Children And Young People

A wide range of legislation, statutory guidance, policies and procedures support the safety and welfare of children and young people. This includes policies relating to the health and wellbeing, safety and security, personal care and individual rights.
These legislations were developed in response to recognition of childrenâ€TMs rights as individuals, increased focus on the need to protect vulnerable children, independent inquiries into the tragic death of children and failure of multi agency teams to work together, share information and provide support services to the children and their families.
Some of the main legislation and guidelines affecting the safeguarding of children and young people are as follows:
The UN convention on the Rights

of a child1989 (UNCRC)
The UNCRC is a legally binding international agreement setting out civil, political, economic, social and cultural right of every child irrespective of their race, religion or abilities. This act was created in 1989 and was ratified in the UK in 1991. All schools have to follow this law in letter and spirit or it is considered as breaking the law.
There are total 54 articles in this law and a brief summary of it that is most relevant to safeguarding
is as follows:
• Article 2: Children have the right to be protected from any form of discrimination whatever their ethnicity, gender, religion, language abilities or family background.
• Article 3: The best interests of the child should be given top priority by all the organisations concerned.
• Article 4: Government must do everything to ensure the child enjoys his rights and they are available to him.
• Article 12: Children must be allowed to express their views and these should be given consideration that matches the childâ€TMs age and maturity
• Article 13: Children have the right to receive or share information as long as it is not damaging to them or to others.
• Article 19: Government must do all to ensure the children are protected from all forms of violence, abuse, neglect and bad treatment by their parents any other adults or carers who look after them. • Article 23: Children who have any form of disability should have special care and support so that they can lead a full and independent life with dignity and also play an important part in the
community.
• Article 28: All children have an equal right to education. Discipline in schools should respect childrenâ€TMs human dignity. Primary education should be free.
• Article 39: Children who have been neglected or abused should receive special help to restore their self-respect.
Childcare Act 2004 and Childcare Act 2006
The government produced a framework called †̃Every Child mattersâ€TM that became the basis of the Childcare Act of 2004. This Act required education services to work alongside Social Services so
that better responsibility could be achieved for the welfare of the pupils.

This Act was mainly to
protect the children and promote their wellbeing.
Every child matters has five bottom-line outcomes for children and young people
• Be healthy
• Be safe
• Enjoy and achieve
• Make a positive contribution
• Achieve economic wellbeing
The schools are expected to aim for the five outcomes of Every Child matters plan.
The Childcare Act 2006 required local authorities to take more responsibility by
Improving the wellbeing of children and reduce inequalities.
Ensure there is adequate childcare for all parents who need to go to work.
Provide the information about childcare.
Ensure the childcare providers are properly trained
Introduction of the EYFS system for all under -5 age group.
Reform the childcare system by introducing two new Ofsted run registers of childcare providers. Safeguarding Vulnerable Groups Act
This Act introduced discretionary barring decisions, which prevent unsuitable individuals from working with children. Any person found guilty of working with vulnerable individuals even after being barred is imprisoned or fined or both depending on the

circumstances.
The Common Assessment Framework for children and young people 2009
It aims to help the early identification of children and young peopleâ€TMs additional needs. It also promotes to share the information between different services working with the child.
Equality Act 2010
These Acts ensure that the education in schools is equally accessible to all including pupils with disabilities. This refers to both physical access and also to gain acceptance into the school body. The education providers now had a duty to ensure they do not discriminate against people with disabilities in education, employment and access to their goods and facilities.
Munro Review of Child protection 2012
This outlines a completely child focussed system in safeguarding children welfare and places a stronger focus on the individual childâ€TMs rights, wishes, feelings and experience.
Working Together to Safeguard Children (2013)
This act applies to those working in education, health and social services as well as police and probation services. It defines the safeguarding of children as follows:
• To protect them from maltreatment.
• To have adults notice when things are troubling them
• To develop relationship of trust with those who are helping them
• To prevent impairment of health or development
• To ensure the children grow up in circumstances which are safe and effective. • To take action and enable all children and young people to have best outcomes.
Children and Families Act (2014)
This Act outlines requirements to promote the welfare of children and young people with special educational needs and disabilities and children in the care of local authority.
The Safeguarding and Welfare requirements of the Statutory framework for EYFS
This outlines the responsibilities of registered providers for children aged 0-5 to safeguard children, promote good health, ensure the suitability of adults who have contact with children and maintain records, policies and procedures.
Special Education Needs and Disability Code of Practice (2014)
The SEN code of practice gives children with SEN an increased right to mainstream education.

This has given a lot of children the opportunity to join the mainstream education and flourish with
relatively fewer difficulties. It also provides guidance on policies and procedures to promote the welfare of children with SEN.
These legislations vary slightly in each of the home nations.
Safeguarding children in Scotland
The Children (Scotland) Act 1995 is similar to England and Wales in principle but they also have
their own guidance in protecting children, guidance on inter-agency co-operation (Scottish Office 1998) and creation of a Childrenâ€TMs Commissioner for Scotland to safeguard and promote the rights and welfare of children.
Safeguarding children in Northern Ireland
The Children (Northern Ireland) Order 1995 has similar principles to that of England and Wales
abut also has its own guidance.
Co-operating to safeguard children (DHSSPS 2003)- It promotes childrenâ€TMs wellbeing. Any form of abuse or crime committed against a child must be reported to the relevant authorities.
The Safeguarding Board (Northern Ireland) Act 2011 was passed in

2011
The Act provides the legislative framework for the creation of a regional Safeguarding Board for Northern Ireland (SBNI). The SBNI was established in September 2012. The SBNI replaced the Regional Child Protection Committee (RCPC) which was in operation from November 2009. The
main aim of this was mainly to promote the welfare needs of children and young people and provide them with a safe learning environment.
Safeguarding children in Wales
The Children Act 1989 legislates for England and Wales The Childrenâ€TMs commission for Wales Act 2001 created the first Childrenâ€TMs commission post in the UK. The principal of this is to promote the safeguarding and welfare of children.