TDA 2.2 Safeguarding the welfare of children and young people
1.1) Identify the current legislation, guidelines, policies and procedures for safeguarding the welfare of children and young people including e-safety.
Current legislation and guidelines, for safeguarding the welfare of children and young people, include the Children act of 1989 (amended in 2004), Working together to safeguard children (2006) and s175 of the education act (2002). These laws and guidelines outline the need for inter-agency co-operation, and a competent work force that are confident in dealing with inquiries, and other child protection situations.
Children act (1989)
The children act (1989) which was implemented for the most part on the 14th of October 1991, is one of the leading pieces of legislation concerned with safeguarding and promoting the welfare of children. The act aims to; Bring together private and public law in one framework;
Achieve a better balance between protecting children and enabling parents to challenge state intervention; Encourage greater partnership between statutory authorities and parents; Promote the use of voluntary arrangements;
Restructure the framework of the courts to facilitate management of family proceedings. This act was updated in 2004 following the case of Victoria Climbié.
Working together to safeguard children (2006)
In 2006, the government released “Working together to safeguard children”. This document sets out how agencies and individuals should work together in order to safeguard and promote the welfare of children. It is addressed to those who have particular responsibilities for safeguarding and promoting the welfare of children (such as designated health and education professionals, police, social workers) and to senior and operational managers, in organisations that are responsible for commissioning or providing services to children, young people and adults who are parents/carers. The document is intended to provide a national framework within which agencies and professionals at local level – individually and jointly – draw up and agree on their own ways of working together to safeguard and promote the welfare of children. It applies to England. This document was updated in 2010, to focus more on inter-agency co-operation, and took into consideration Lord Lamings 2008 progress report “The Protection of Children in England”.
S175 Education Act (2002)
Section 175 Education Act 2002 provides that:
A local education authority shall make arrangements for ensuring that the functions conferred on them in their capacity as a local education authority are exercised with a view to safeguarding and promoting the welfare of children (s.175(1)); The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school (s.175(2)); The governing body of an institution within the further education sector shall make arrangements for ensuring that their functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution (s.175(3)); and An authority or body mentioned in any of subsections (1) to (3) shall, in considering what arrangements are required to be made by them under that subsection, have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales (s.175(4)).
Thus, LEAs and governing bodies of maintained schools and further education institutions will now be required, under s.175(4), to have regard to Circular 10/95, and any other guidance issued. Circular 10/95 has essentially been given statutory effect, strengthening child protection measures and offering further...
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