For the Child Protection Act to work as well in reality as it does in theory, certain changes need to be made. Those 95%, which said that there was “not enough funding or enough officers to deal with the cases”, 80% of them answered that “more funding should be made to aid this problem.” (www.bbc.co.uk: Child Protection Act). This view was shared by Ms Anderson who concluded in her letter that, "Certain changes need to be made by the government to rectify these imperfections." This idea is sort after by the public and by professionals so in reality it needs to happen.
The Child Protection Act is a well-written piece of legislation, which details how children who are suffering abuse should be protected. The problem with the Child Protection Act is not in the way that it was written but in the way that it is executed. With non-adequate funding there are not enough Family services officers to help all of the children in need of protection. It is the public's opinion that children deserve to be protected and that more funding should be put in place to make sure they are. If the government doesn't provide funding, it is they who are causing the children harm in the way of neglect.
As stated in the United Nations Declaration of the Rights of a Child, (1959), all children should have “the right to protection against all forms of neglect, cruelty and exploration.” This was later implemented within the Children’s Act 1989 and the United Nations Convention on the Rights of the Child, which states that all children have a ‘right to protection from abuse and neglect.’ It therefore gives a responsibility to those working with children to ensure that all are protected.
Before the implementation of the Children Act, there were many places of child care legislation, which were thought to be far too complex and incomplete for the needs of children, their families and the professional working with them. As society’s ideas and attitudes were changing towards abuse, for example people were becoming aware of its existence and were no longer prepared to overlook the situation, it was evident that the existing legislation had to be updated. Another reason for this was the “reports into the deaths of Jasmine Beckford (1985), Kimberley Carlile (19850, Tyra Henry (1985) and an inquiring into the handling of alleged child sexual abuse in Cleveland (1987).” (Yvonne Nolan: BTEC National Early Years 2002).
The Children Act 1989 came into force on 14th October 1991. It is the most important reform of the law concerning children over the last century. It makes the law simpler and easier to use. It brings together the legislation concerning the care and upbringing of children in both private law, which applies to children affected by a private dispute such as divorce proceedings, and public law which covers children who are in need of help from a local authority.
The Children’s Act states how we as a society believe children should be cared for. It creates a code of law about the upbringing of children to ensure that we achieve the very best for this and future generations of children. It aims to help children in need get the best deal possible by providing services to their families.
The National Standards for Under Eights Day Care and Childminding regulations under the Children Act require providers (technically and registered person in each registered setting) to meet the fourteen Standards and have regard to the supporting criteria.
Standard 13 relating to Child Protection States: “The registered person complies with local child protection procedure approved by the Area Child Protection Committee and ensures that all adults working with and looking after children in the provision are bale to put the procedures into practice.” (National Standards for Under Eights Day Care and Childminding – Full Day Care).
Supporting criteria with the standards also require that the “setting have a written statement based on the Area Child Protection Committee procedures.” (Yvonne Nolan: BTEC National Diploma in Early Years 2002). This statement, or policy, should include staff responsibilities with regard to reporting suspected child abuse. There must be a designated person who has attended child protection training who is responsible for liaison with the child protection agencies. All members of staff must be aware of possible signs and symptoms of abuse an all staff must be able to implement any child protection procedures. There is a requirement to keep concerns confidential to as few people as possible.
The United Nations Convention on the Rights of the Child was approved by the United Kingdom on the 12th December 1991. The convention, which has the status of international law, affects all people under the age of eighteen years. The Convention has been reproduced for all 191 countries of the world. Over 18 have gone through ratification, which means they have agreed to be bound by the Convention.
The NSPCC is disappointed that “the legal framework governing family relationships is not addressed.” (www.nspcc.org.uk: Green Paper Article 2003). The NSPCC believes that the law must be amended to give children better protection, and to create genuine “cohesiveness of Government policy on children and young people”(www.nspcc.org.uk:GreenPaperArticle2003).
The NSPCC would like to see the law amended to:
- “Give children the same rights to protection from assault as adults. The NSPCC believes that if society is serious about wanting to reduce the number of children who are severely abused then it must create a culture in which children are respected and treated as equal citizens with rights of their own, not as adjuncts of their parents.
- Incorporate a 'positive duty of care' on parents in England and Wales to promote the welfare of their children. Parents in England and Wales can be subject to criminal and civil proceedings if they harm or neglect a child, but there is no statutory expectation that they will actively promote children's well being. In Scotland, a positive duty of care is enshrined in the Children (Scotland) Act 1995. Early evidence suggests that the legislative change has given professionals a greater mandate to support families and enable them to fulfil their responsibilities under the Act.” (www.nspcc.org.uk: Green Paper Article 2003).
All early years settings must have “a number of policies, which outline procedures which workers must follow in particular situations.” (Penny Tassoni: Child Care and Education 2002). They must also have a child protection policy, which contains information about what to do if they suspect a child in their care is being abused or neglected. These procedures should be written in a format that is easy to read for early years workers. It is important that these policies are reviewed in order to keep up to date of any local and national changes in policy and law.
At my work placement there are lots of different measures in place to protection each child in the school. They school have their own policy on how each cases of abuse should be handled but also the policy explains the measures which are taken within the school itself to protect the children from people who may come into the school.
The child protection policy in school is designed with reference to the aims of the school as outlined within the requirements and procedures laid down by the Wakefield Area Child Protection Committee. This is in order to:
- Prevent children from suffering significant harm as a result of ill treatment.
- Help protect children who are at risk from such harm.
- Help abused children to overcome effects of such harm.
- Work to protect children from further harm.
This policy is designed to help protect children within school but also outside of school if such children are being ill-treated.
Abuse is an extremely harmful act upon any child and affects them in numerous ways and over varying lengths of time. Within the school policy harm is clearly defined as “ill treatment or the impairment of health or development”. (Section 31 of the Children Act 1989).
The main aim of the school protection policy is concerned with effectively promoting the welfare, health and safety, and guidance of all the pupils. The responsibility of the school by law under sections 27 and 27 of the Children Act 1989, a duty to assist the Local Authority Social Services departments acting on behalf of the children in need or inquiring into allegations of child abuse. There are also designated teachers who should deal with the allegations of abuse, but also about a child’s disclosure. These people are the headteacher who is the designated teacher and the deputy headteacher who is the support teacher on this matter.
The designated teacher has the responsibility for co-ordinating action within school and to liase as necessary with other agencies. The role of the co-ordinator does not diminish the role of all other members of staff being alert to signs of child abuse. It is not the responsibility of the school staff to investigate suspected children abuse.
As well as statutory duties the school has a pastoral responsibility towards their pupils and should recognise “that they have a fundamental right to be protected from harm.” (St James C of E: Child Protection Policy 2003).
If members of staff have suspicions or receive a report regarding suspected wrong treatment of a child they will have to contact the headteacher who is the designated member of staff for children protection. The member of staff expressing he allegation will record the concern stating the time, date and other relevant information.
Children’s safety within an early years setting is just as important as their safety at home. At my work placement they feel that it is important to find a balance between security and a welcoming environment. At my work placement they therefore make sure that children cannot leave the premises alone, when parents come and pick up the children they should wait in the school playground before actually going outside to their parents. There are at least two members of staff supervising the playground at home time and if parents are late the children are able to wait inside the school building until their parents come to the door and collect their children. This ensures that children are protected from unwanted visitors who may be outside the surrounding area of the school. Unknown visitors cannot enter the school as there are no handles on the outside of any door in the school, and teachers have to enter a code to get into the main entrance door. There is a bell situated at this door and must therefore be rung to get the attention of the secretary. The person must state their purpose of coming to the school and will not be allowed access into the school without signing the visitors as they enter and leave the school premises. In the past there have been some disturbing incidents in settings where children are cared for and this has raised awareness of the need for increased security in early years settings.
There is evidence of real progress and improvement during the past 20 years, though it is not always measurable. Professional practice has changed for the better and many children are better protected than they were in the past. Significant changes include:
- Joint working between the police and social work services which has produced a much more child-friendly and comprehensive approach to the investigation of abuse and neglect;
- Improved liaison between different agencies and exchange of information;
- Greater awareness of the risk of abuse and neglect and sharper vigilance by professionals working with children - which can lead to an earlier response;
- More rigorous selection and improved supervision of residential child care workers;
- The regulation of the social work and social care workforce;
- The introduction of the sex offender register and an index of people who are unsuitable to work with children; and
- The development of improved services for child witnesses in the criminal justice system.
On the other hand, there is clear evidence that:
- Many children are living in conditions and under threats that are just not tolerable in a civilised society;
- Children, their parents, the public and some professionals often do not have confidence in the system;
- Children and their families do not always get the help they need when they need it;
- Some children remain unprotected;
- Occasionally, disclosure of abuse makes matters worse for a child;
- There is duplication of effort and energies are diverted into meeting system requirements rather than the real needs of children; and
- Agencies are not able to always respond effectively to some problems - parental drug or alcohol misuse, domestic abuse and neglect.
Although the current system has the potential to protect children and deliver services to them and their families, it has developed characteristics, which undermine the full realisation of that potential. Responses to failures or mistakes in protecting children have been to develop more guidance and regulation. Procedures and requirements have snowballed over the last few decades. Although the additions have been implemented with a view to improving the service to vulnerable children and their families, the cumulative effect has been to make the system increasingly cumbersome. Satisfying procedures and processes can hinder early and effective action and can even frustrate good outcomes for children.
- In the face of media criticism, social work practice has become increasingly driven by procedures.
- Categorising a child's experience as a child protection matter has become an end in itself. Too often this results in close monitoring but stops short of specific actions to protect children or meet their needs.
- Guidance and procedures are being used as mechanisms for rationing services. Help may be restricted to that which is required or specified in guidance, and offered only to those children who are deemed to be sufficiently at risk.
- Detailed investigation in order to determine if a concern is a child protection matter has come to dominate action and resources in relation to abuse and neglect.
According to the latest available research and the findings of this audit and review, an effective service for children who have been abused or neglected would:
- Incorporate preventative strategies;
- Be part of wider provision of family and child support;
- Build on community and family strengths;
- Be trusted by children and young people to act in their best interests;
- Be easy to access and simple to understand;
- Offer help as and when it is needed;
- Treat children and parents with respect;
- Act quickly and reliably;
- Continuously improve its inter-agency work and assessment processes; and
- Match resources to children's needs.
If such a service existed, the majority of parents and children could be assisted early and on a voluntary basis. But it is also clear, from this audit and review and from many other studies, that a small number of parents either will not acknowledge the risks their children face or will be unable to meet their needs. A much smaller minority of parents will deliberately harm their children. A key feature of any effective service will be identification, as early as realistically possible, of cases where children's needs are unlikely to be met by their parents. Excellent assessment practice is critical to this, as is prompt action to meet those children's needs in other ways.
Many of the improvements in child protection have been made following inquiries or reviews of practice when things have gone wrong. The reviews have provided “an opportunity to learn from best practice and to consider what works in protecting children and meeting their needs.” (Tina Bruce and Carolyn Meggitt: Child Care and Education 2003). To continue to learn and develop knowledge, will require a number of approaches. The final recommendation will result in considerable knowledge about best practice and what works and this will need to be published and shared on a national basis.
Effective protection of vulnerable children demands resources, principally of finance and staff with up-to-date professional knowledge and the skills to apply it in a range of practical situations, which can be extremely stressful and urgent. Some staff lack relevant training, particularly medical practitioners.
The lack of resources for children who have been abused and neglected is a matter of great public concern. There are also recruitment problems in health services and social work services. There is a shortage of educational psychologists and the British Children's Reporter's Administration is very stretched.
Some children live in very poor circumstances and the outcomes for a good number of them will not be improved whilst they remain at home with their families. A number of children are at home because the alternatives - foster care or residential care - are viewed to be either insufficient or of poor quality and in residential care homes they may be at risk from other young people. Other shortages include “the lack of help or therapeutic resources for children who are in severe distress or are already severely damaged by their experiences.” (Tina Bruce and Carolyn Meggitt: Child Care and Education 2003).
There is clear evidence that some agencies and areas are under considerable pressure. In most local authorities, expenditure on children's services is significantly above the level indicated by the Grant Aided Expenditure (GAE) figure. It is not clear how well resources are being used overall. This report has already noted the high levels of duplication and that resources are often used to meet system requirements rather than meet children's needs. Estimating in specific terms the current financial commitment to child protection is beset with problems. But across statutory agencies the commitment is considerable, not only in direct terms of financing social work Children and Families teams and the Hearing system but in aspects of wider services such as police, education and health. The voluntary organisations such as Barnardos, Child Line and Women's Aid also contribute significantly with grant support from the Scottish Executive and local authorities.
