Health and Care

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  • Topic: Foster care, Health care, Public health
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Unit 10
Legislation to protect children
The Human Rights Act 1998 which incorporates the European Convention on Human Rights came into force in England and Wales in 2000. It allows everyone the right to a fair trial, and to seek protection of their rights worldwide through the European Court of Humans rights in Strasbourg. Personal information and privacy are protected by the DATA Protection Act 1998. It frees people from slavery and degrading treatment or punishment. THE Children Act 1989

The aims of the legislation are to make sure all the authorities make equal provision to support children, young people and their families. It has a general duty to safeguard and promote the welfare of children within the area. This act aims to resolve disputes between parents and their children. The Act also includes the support of children with disabilities who, when they reach the age of 18, come under the NHS and Community Care Act 1990. The Children Act also helps those who have custody over the children. ( i.e. If the parent divorce and they do not know who has rights of the child/children.) It promotes anti-discriminatory practice by laying out the final law in regards to who has custody over the child. The Court will only make an order if it is better for the child than making no order. Consideration of the welfare checklist assists the Court in making this decision. In all cases when the Court determines any question with respect to the child's upbringing, the child's welfare shall be the paramount consideration.

Every child matters change for children 2003
The legislation considers the well-being of children and young people from birth to age of 19. There are five principles that should be considered despite any circumstances a child should be 1. Stay safe

2. Be healthy
3. Enjoy and achieve
4. Make a positive contribution
5. Experience economic well-being
Every Organisation working with children and young people must work together to protect children from harm and help them achieve their goals. Information will be gathered concerning vulnerable groups so that support strategies can be put in place. Children and young people will be involved in decision making processes. In the past it has been argued that children and families have received poorer services because of the failure of professionals to understand each other's roles or to work together effectively in a multi-disciplinary manner. ECM seeks to change this, stressing that it is important that all professionals working with children are aware of the contribution that could be made by their own and each other's service and to plan and deliver their work with children and young people accordingly. Information will be gathered so that support strategies can be put in place and children and young people can have a say in the decisions made about them.

Organisations of Care provision
In England and Wales, each LA has a department responsible for looked after children, safeguarding and ensuring that children and young people in the local area are supported to meet their full potential. As well as government care provision, much care is provided through voluntary or charitable organisations that may provide some services independently, such as holidays for disabled children, or may be contracted by LAs and paid to deliver services for children and young people on behalf of the LA. Organisations such as Barnardo’s and the National Society for the Prevention of Cruelty to Children (NSPCC) are examples of charity organisations and voluntary sector. The NSPCC has an emergency helpline and is the only non-government agency allowed to take direct action to protect children at risk. It is only the private charity which has been granted statutory powers under the Children Act 1989, allowing it to apply for care and supervision orders for children at risk. This makes the NSPCC unique in terms of charity. In 2009 as part of its new organisational...
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