Safeguarding and duty of care
CYP 3.3-1.1, 1.2, 1.3,1.5, 3.2, 3.3, 5.2/ SHC 34- 3.1, 3.2
Children act 1989
Aims of the act:
The main aims of the Act are:
• to bring together private and public law in one framework; • to achieve a better balance between protecting children and enabling parents to challenge state intervention;
• to encourage greater partnership between statutory authorities and parents;
• to promote the use of voluntary arrangements;
• to restructure the framework of the courts to facilitate management of family proceedings.
Principles of the Act:
The main principles and provisions embodied in this legislation are that:
• the welfare of children must be the paramount consideration when the courts are making decisions about them; • the concept of parental responsibility has replaced that of parental rights; • children have the ability to be parties, separate from their parents, in legal proceedings;
• local authorities are charged with duties to identify children in need and to safeguard and promote their welfare;
• certain duties and powers are conferred upon local authorities to provide services for children and families;
• a checklist of factors must be considered by the courts before reaching decisions;
• orders under this Act should not be made unless it can be shown that this is better for the child than not making an order;
• delay in deciding questions concerning children is likely to prejudice their welfare.
Working together to Safeguard Children 2006:
Safeguarding legislation and government guidance says that safeguarding means: protecting children from maltreatment
preventing impairment of children’s health or development
ensuring that children are growing up in circumstances consistent with the provision of safe and effective care.
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