1.1 Current Legislation, Guidelines, Policies and Procedures for Safeguarding Children & Young People.
Child protection legislation can be separated into two main categories Criminal Law and Civil Law. Criminal Law covers people that have offended or may be at risk of offending in the future. Civil Law is split into Public Law and Private Law. Public Law implements systems and processes to minimise the risks to children being in harm and lays out what actions should be taken if they become at risk. Private Law deals with family law proceedings usually divorce and contact issues.
Child Protection Legislation and Regulations
| What it Does
| Children and Young Person’s Act 1933
| This was one the first ever Child protection legislation and some parted of it are still being used today. It includes a list of offences against children which are referred to as Schedule One Offences. These offences include any form of maltreatment, abuse, sexual assault. See appendix 1.
| Health and Safety at Work Act 1974
| Ensures children’s safety in any type of care setting nursery, school and colleges etc. Establishments, employee’s and employers must cooperate with authorities and outside agencies, be aware of all safety rules, procedures, safe working practices and regulations. Ensure tools and equipment are in good working order, report any accidents and potential hazards. They must also take reasonable care of themselves and others and not misuse or interfere with equipment that is provided for the safety, welfare and health of people within the establishment.
| Children’s Act 1989
| Sets out exactly what local authorities and the courts should do to protect children’s welfare. It enshrines a number of principles such as the paramountcy of children’s welfare and parental responsibilities. It is the first time that safe guarding of children. This piece of legislation is constantly under review and is updated regularly.
| United Nations Convention on the Rights of the Child 1989
| This gives children the right to be protected, express their views and be listened to, to care and be cared for away from home.
| School Standards and Framework Act 1998
| This requires the school governing body to ensure that the school policies promote positive behaviour this should include bullying policies, behaviour policies, and attendance policies. These policies should cover codes of conduct, staff roles, rewards and sanctions and promotion of positive behaviour.
| The Protection of Children Act 1999
| This Act made it illegal to employ people who are listed as unsuitable for paid work or voluntary work. The lists that they are concerned about are Department of Education and Employment List and the Department of Health List. For those that are working specifically with children the Criminal Records Bureau holds data and checks on them.
| Education Act 2002
| Has a provision that that requires schools, governing bodies, local education authorities and further education provisions to safeguard and promote the welfare of children.
| Adoption and Children Act 2002
| Made amendments to the Children’s Act 1989 to extend the definition of harm to include witnessing domestic violence.
| Children Act 2004
| This was the government’s response to the Victoria Climbie inquiry it incorporates the Keeping Children safe report and the Every Child Matters green papers both from 2003. It sets out the process to follow to for integrating services for children. It also revises the legislation on physical punishment making it an offence to hit a child if it leaves a lasting mark or causes mental harm.
| Working Together to Safeguard Children 2006
| Legislates that establishments have a legal and statutory obligation to safeguard the welfare of learners when they are using ICT. There are many different areas of legal issues to consider regarding internet use and its safety these include harassment, cyber bullying, data protection, defamation and hosting...
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