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Outlines current legislation, guidelines, policies and procedures within the UK affecting the safeguarding of children and young people
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1. Give a brief outline of current legislation, guidelines, policies, and procedures within own UK Home Nation affecting safeguarding of children and young people.
The UK’s nations, England, Northern Ireland, Scotland, and Wales have their own child protection system and laws to help protect children from abuse and neglect. They have a framework of legislation, guidance, and practice to identify children who are at risk from harm and to protect them and act in preventing further abuse.
In England, the dept. for education is responsible for child protection. It sets out policy legislation and statutory guidance on how the child protection system should work.
Local safeguarding children boards (LSCBs) - They co-ordinate the protection and promotion
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Safeguarding vulnerable groups (N.Ireland) order 2007 – this act sets out measures to prevent unsuitable adults from working with children.
In Scotland, the government is responsible for child protection. Child protection committees (CPCs) are responsible for child protection policy procedures and make sure that all the different local agencies, such as children’s social work, health services and the police work together.
Children act 1995 – this act provides the legislative framework for Scotland’s child protection system. Parental responsibilities and rights. Duties and powers public authorities must support and intervene if there are concerns about a child.
The Welsh child protection system is similar to England’s system. In April 2016, the social service and well-being (Wales) Act 2014 Came into force, giving Wales its own framework for social services.
2. Explain child protection within the wider field of safeguarding children and young people.
Children have the right to be protected from harm. Children and young people should have the same protection regardless of age, disability, gender, racial heritage, religious beliefs, or sexual
Parton, N., Thorpe, D. and Wattam, C. (1997) Child Protection Risk and Moral Order, London: Macmillan
In this essay, the researcher will explore what a ‘looked after child’ is and the current system for LAC in the UK. This includes legislation, Policy and, statistics on LAC in the UK. As well as, this essay will include why children looked after by the local authority, why do they end up with the local authority, the impact of child abuse and neglect on children, young people and their families, and lastly other issues/perceptions surrounded around children and young people who are ‘looked after’.
Throughout this essay, the health, safety and welfare policy and practise that came about after the Victoria Climbie case will be reviewed and evaluated. After arriving in England in November 1991 from the Ivory Coast, eight-year old Victoria Climbie suffered abuse from her great-aunt, Marie-Therese Kouao, and her great-aunts partner. The anguish and eventual murder of Victoria in 2000 from hypothermia, caused by malnourishment and damp conditions, provoked ‘the most extensive investigation into the child protection system in British history’ as described by Batty (Macleod-Brudenell, 2004). The high media profiled incident exposed a clear lack of precision and communication between all professionals and agencies involved. This is shown by the fact that the mistreatment Victoria was suffering had gone unnoticed by the social services, police and NHS staff, who failed to make each other aware of the clear danger signs. Within the Lord Laming Inquiry into Victoria Climbie’s death (2003), it can be seen that some features recur time after time in child abuse cases; inadequate resources to meet demands, inexperience and lack of skill of individual social workers. In addition, it can also be seen that crucial procedures were evidently not being followed. The procedure that was established after this case included the recommendations made by Lord Laming such as the Green Paper of Every Child Matters (DfES, 2003) and the Children Act (DfES, 2004). These ensure that all children have the fundamental right to be protected from harm and abuse. In addition to this, it also certifies all adults who come into contact with children and families have a duty to safeguard and promote the welfare of children.
The legislation regarding safeguarding and chid protection ensures that all the children are safe, secure and protected from any kind of potential harm which may affect their health or development.
Children’s Social Care work with parents and other agencies to assess the stages of child protection procedures, record information and make decisions on taking further action. The police work closely with this agency to act on decisions made such as removing a child or the person responsible for the abuse while gathering evidence and carrying out investigations regarding the matter. Health professionals have a duty to report suspected non-accidental injuries to Children’s Social Care and examine children to give evidence of abuse. The Children Act 2004 requires every local area to have a Local Safeguarding Children Board to oversee the work of agencies involved in child protection, place policies and procedures for people who work with children and conduct serious case reviews when children die as a result of abuse. The NSPCC is the only charitable organisation that has the statutory power to take action when children are at risk of abuse. They provide services to support families and children and two helplines for children in danger and adults who are concerned for a child’s safety. They also raise awareness of abuse, share their expertise with other professionals and work to influence the law and social policy protect children more efficiently. There are also acts in place to protect children such as the Children Act 1989, the United Nations Convention On The Rights Of The Child 1989, the Education Act 2002 and the Children Act 2004. Legal framework from such acts are provided for Every Child Matters which requires early years practitioners to demonstrate that they provide activities that help children protect themselves. This may be through books and group talks known as “Stranger
The main points of the children’s act 1989 are parental responsibility and the welfare of the child. Children are best cared for within their own families. The act states that the mental and physical wellbeing of the child is important. Professionals and parents/carers must work together to ensure the safety of the child. Local authorities have a duty to look into situations where they suspect a child or young person to be suffering from significant harm. Duties get allocated to local authorities, and other agencies to ensure that all children are safeguarded. The children’s act 2004 reinforces that all organisations that work with children and young people must help to safeguard
“An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.”
C. Cobley & N. Lowe, ‘The stautory “threshold” under section 31 of the Children Act 1989 – time to take stock’ (2011) Law Quarterly Review 396
An outline of current legislation, guidelines, policies and procedures within own UK Home Nation (England), affecting the safeguarding of children and young people.
LSCB, (2013), SAFEGUARDING CHILDREN, YOUNG PEOPLE AND VULNERABLE ADULTS POLICY, (www.safechildren-cios.co.uk), [Assessed 1 November 2013].
Legislations are laws derived from current government policies and outlines rules and principles that everybody must follow. (Peteiro et al, 2017) There are multiple, current, legalisation that have been created in regards to the safeguarding of children and adults. The Data Protection Act of 1998, for instance, was created as a way to control how organisations use personal information. In a health and social care setting, the Data protection act ensures that personal information about individuals will be kept confidential and not misused. The act gives service users the right to determine how their personal data is used and who it is used by to prevent the risk of the information not being private and being put at risk for abuse. (Peteiro et al, 2017) This includes things such as date of birth, national insurance number and medical history. If certain personal information is not protected, then it puts the individual at risk of harm, or abuse. The Data Protection Act safeguards individuals against this. Similarly, The Protection of Freedoms Act 2012 safeguards against children and adults by ensuring that only appropriate persons are allowed to work with certain groups. This act created the Disclosure and Barring Service (DBS) who deal with criminal record checks and overlooks the Barred Children’s and Barred Adult’s Lists of unsuitable
A positive care environment is reinforced by legislation and national care standards implemented by the Scottish Government. Legislation such as, Data Protection Act 1998, Mental Health (Care and Treatment) (Scotland) Act 2003, Health and Safety at Work Act 1974, GIRFEC (Getting it right for every child) and the Regulation of Care (Scotland) Act 2001 put safeguards in place to give the service user legal rights.
If the local authority establishes that the child is a child in need or at risk of harm, it has a duty under section 47 of the Children Act (1989) to make a care plan or child protection plan to provide support which involves adequate supervision and checks to ensure that the child is no longer at risk. The UN Convention on the Rights of the Child (1989) promotes empowerment for children as they can exercise their right to express their views and be heard and their best interest would be at the centre of the intervention and social workers need to ensure that decisions made are not affected by the influence from family or professionals they work with (Lee & Hudson,
Commission for Social Care Inspection (2005) Making Every Child Matter, Commission for Social Care Inspection
During this time the commitment to protect children as the most vulnerable people in our community was universally recognized by law (Bakan, 2011). In response to these laws, child labor practices became illegal and consumer protection laws were introduced to protect children from vices considered to be ‘adult’, such as cigarettes and alcohol (Bakan, 2011). Reinforcing society’s duty to protect children and allow the creation of safe environments that promoted children’s’ ability to