Caring for children and young people Pass 5

Caring for children and young people

Pass 5

Describe appropriate responses where child abuse is suspected or confirmed, making reference to current legislation and policies.

To play an effective part in protecting children in your care you need to have a clear understanding of the rights of the children and the legal framework. For this assignment I am going to discuss what procedures need to be carried out and I am also going to mention current legislation in relation to child protection.

The main legislation that is associated with child protection is ‘The Children Act 1989’. This act was written so safeguard children from all forms of abuse. The act outlines five key principles to be upheld when delivering services, they include:

Paramouncy – This makes the child of paramount importance meaning the child’s welfare will be an overriding factor in any court proceedings.
Parental responsibility – ‘All rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and its property.’
Partnership - This means to work in partnership with the child, parents and the professionals/organisations for the welfare of the child.
Prevention – wherever possible children should be brought up and cared for on their own families making enforcement or removal of children a last resort by preventing separation from their parents.
Protection – Children should be safe and protected by intervention if they are in danger the local authority have a duty to investigate when there is a reason to believe the child is suffering or is likely to suffer significant harm.

If a person has reason to believe or evidence that a child is being abused in any way they will have to make a referral. The person who believes that child to be abused can be anyone such as family, relatives, neighbours, other members of the public, teachers, and carers. If a child is suspected to be being abused a referral to a social worker needs to be put in place within one working day of recognising a risk. The social worker then needs to establish the following:

How and why the ...

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How and why the concern has risen
The nature of the concern
What the Childs needs are
Whether or not it is a case of abuse or neglect
Is there a urgent need for the child(ren) to be protected

If the social worker dealing with this case feels they may need time to investigate more they can apply for a child assessment order through the courts. This piece of legislation has been put into place for when there is reason to believe that a child is suffering or likely to suffer from any form of abuse. This assessment allows the social worker to get a full idea of how the child’s health and development is progressing. This act can last a maximum of 7 days. The outcome of this action will either be nothing further or else the social worker will have to decide whether to proceed under the children’s (N.I.) 1995 order to ensure the child’s safety. Under the children (N.I.) order 1995 the social worker as certain responsibilities to protect the child this may come about by putting certain legislation in place such as:

Emergency protection order – This order is only to be used in a case of emergency if a child is in immediate danger. It is a temporary order and can last a maximum of eight days with a further extension of seven.

Recovery order – This order has been put in place to prevent a child absconding or possible abduction, from the person responsible for their care. The court may make a recovery order which will be implemented by the police.

Supervision order – Supervision order can be made to put a child under supervision of the local authority. The local authority does not have parental responsibility but does have right of access to the child to ensure their safety. This order can last up to one year and can be extended if needed.

Care order – A care order places a child in the care of the local authority. Parental responsibility is shared between the local authority and the parents. This gives the local authority power over any disputes that may arise. This order will last until the child is at least 18 unless the court decides otherwise.

It is clear to see there are many different policies and procedures put in place in the form of legislation to ensure the welfare of a child.

Emma McMahon

Pass 5