1.1
1. Analyze legal requirements and guidance relating to the safeguarding of children.
In order to not only promote the welfare of children within a setting but also to protect them from harm and abuse there are a number of pieces of legislation and statutory guidance that must be adhered to. Both laws and statutory guidance are mandatory and so legally enforceable and must act as a foundation of which policies and procedures within any setting can be based upon.
The following are all legal requirements acting in the interest of child protection and safeguarding to promote the welfare of children and protect them from abuse and harm:
The Children Act 1989 – Places a duty on all child care practitioners within a setting to not only identify but also to meet the needs of every individual child as well as keeping them safe. The Act introduced the idea of child led planning, placing the child at the center of any planning made regarding their own learning and development. The act also specifies the responsibility of the parent in keeping their own child safe and free from harm.
Section 17 of the act places an obligation to ensure services are in place within local authority areas to safeguard and promote the welfare of children within such areas who are 'in need'.
Section 47 of the Act places a duty upon local authorities to investigate such situations whereby 'there is reasonable cause to suspect that a child is suffering or likely to suffer harm'.
The Children Act 2004 –
The local authority has a welfare of duty to protect children in their area and work
Children Act 2006 – Is an Act that defines the new duties imposed on the Local Authorities in respect to improving the Every Child Matters outcomes for pre-school children. The Act also defines new rules in relation to childcare for working parents as well as parental information services. It is aimed at improving the well-being of young children. It emphasises the importance of safeguarding children and young people within an educational setting. If a child discloses neglect or abuse; an establishment should have instructions to help the child. This could be referral to an outside organisation or internally.
Section 17 – States that services should be put into place to ‘safeguard and promote the welfare of children within the (local authority) area who are in need’.
Children Act 1989 – Protecting children’s welfare and to provide services according to the specific needs of children.
1.1 outline current legislation, guidelines, policies and procedures within own UK home nation affecting the safeguarding of children and young people.
The Education Act 2002 – local schools and authorities are required to protect and safeguard and promote the welfare of children.
If any professional becomes concerned that a child might be at risk of abuse, be it physical, sexual, emotional or neglect, it is their legal duty to pass on such concerns to the appropriate professionals who can assess if and what action should be taken. In cases where it will not put the child at greater risk or danger, the parents / carers of the child will be informed that such action has been taken.
Children’s Act 1989: Identifies the responsibilities of parents and professionals who must work to ensure the safety and welfare of the child/young person. Two important sections included in the act are:
The children act 1989 has influenced some settings by bringing together several sets of guidance and provided the foundation for many of the standards practitioners sustain and maintain when working with children. The act requires that settings work together in the best interests of the child and form partnerships with parents or carers. It requires settings to have appropriate adult to child ratios and policies and procedures on child protection. This act has had an influence in all areas of practice from planning a curriculum and record keeping. The every child matters framework has
Section 17 of the Children Act 1989 places a duty on local authorities to safeguard and promote the welfare of children in need and to promote the upbringing of children by their families, so far as this is consistent with their welfare duty to the child, by providing an appropriate range and level of services. A child in need is one who is disabled, or unlikely either to achieve a reasonable standard of health or whose health or development will suffer unless services are provided.
This Act, which regulates the childcare in England, formalise the important strategic role of local authorities play through a set of duties. These duties require
The main current legislation guidelines policies and procedures within own UK home nation for safeguarding children and young people.
To be able to safeguard children effectively we need to be aware of the following policies:
Legislation, guidelines, policies and procedures affecting the safeguarding of children and young people would be:-
1. Outline current legislation, guidelines, policies and procedures within own UK Home Nation affecting the safeguarding of children and young people.