Safeguarding Legislation

Unit 025: Understand How to Safeguard the Wellbeing of Children and Young People
1.1: Outline current legislation, guidelines, policies and procedures within own UK Home Nation affecting the safeguarding of children and young people
Safeguarding means taking steps to ensure children and young people feel safe and secure within the home and the setting, protecting them from abuse and neglect, ensuring that they stay safe and continue to positively develop physically, emotionally and mentally into adulthood. The table below is an outline of the main, current legislation affecting the safeguarding of children and young people:

Brief description/outcome
The Children Act 1989
Moved emphasis on parental role from having rights over children to having a responsibility to their children. Recognises children have rights:
To be listened to and discuss their concerns
Protected from harm
To have their rights explained to them
Have their wishes and concerns considered in decision making about them Have these decisions explained to them
Refuse a medical examination
(UN Convention on Rights of the Child 1989)
(Ratified by the UK 1991 but not formally adopted as UK Law. Has 54 articles including:
Rights to be heard, safe, protected
Rights to have a choice,
Parents/guardians have a right to support with their parental responsibilities) Protection of Children Act 1999
(Progress Report 2009)
Formalises responsibilities and role of Local Authorities in child protection. This introduced the Criminal Records Bureau and required all childcare organisations not to employ people (either salaried or voluntary)
who would come in regular contact with children or young people listed on the DoH and DoEd as unsuitable to work with them. Every Child Matters 2003
A Framework recognising bringing together services (Multi-Agency Working) to support children and their families to: (S) Be safe
(H) Be healthy
(E) Enjoy and achieve (learn while playing)
(E) Economic well-being (equal opportunity)
(P) Making a positive contribution
The Children Act 2004
Passed to improve child protection and ensure better multi-agency working. Introduced a Children’s Commissioner to promote the well-being and safeguarding of children and young people and placed a duty on local authorities to appoint a Director of Children’s Services to be accountable for multi-agency working and the services provided. Changed legislation on physical punishment making it an offence to hit a child if it causes mental harm or leaves a lasting mark. Working Together to Safeguard Children 2006 (Updated 2013)
Introduced the term Safeguarding and provided statutory guidance on how organisations and individuals should work together to safeguard and promote the well-being of children and young people. Introduced the EYFS which became statutory in 2008 (updated 2012) Every Local Authority had the remit to set up Local Safeguarding Boards for children at risk. All settings to have Safeguarding Policies and Procedures.
East Sussex County Council (ESCC) website – Czone portal has all the up-to-date information including the above Policies and Procedures and the Safeguarding Board. Vetting and Barring Scheme
Children are protected by ensuring that people who are judged to be at risk of causing harm are not allowed to work with them. CRB became Disclosure and Barring Service (DBS) 2013

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