The secondary legislation is the United Nations Convention on the rights of the Child 1989, enabling that children have rights and there is legislation to protect their rights. The League of Nations drafted the first Declaration of the Rights of the Child in 1924. The United Nations Convention of the rights of the Child (CRC), contains 54 articles addressing the rights of children.
The 54 articles within the CRC address children’s rights to:
- Survival
- Protection
- Development
- Participation
The following articles are key in the protection of children:
- Article 19 - To protect children from all form of physical or mental violence while in the care of parents or others
- Article 37a - No child shall be subjected to torture or other cruel inhuman or degrading treatment or punishment
The principles stated in the CRC underpin much of the current legislation of the UK designed to ensure that the views and the rights of the child are sought and upheld.
The final legislation is the Children’s Act 2004. The Children’s act 2004 has been built on the principles of the Children’s Act 1989, and the United Nations Convention on the rights of the Child 1989.
The Act amends sections 17, 20 and 47 of the former Children’s act:
-
Section 17 - Provision of services for children in need, their families and others
-
Section 20 - Provision of accommodation for children
- Section 47 - Local authority’s duty to investigate
The act also includes a new framework of duties and accountabilities to develop high-quality services including:
- Closer joint working between various agencies involved with children
- Wishes of the children to be taken into account
- Greater sharing of information between professionals through databases
- Limits on the use of reasonable chastisement (verbal punishment)
- A child commissioner for England
- Better information-sharing between practitioners
- Local Safeguarding Children Boards (LSCBs), of which there are 150, set up with statutory powers to replace Area Child Protection Committees in 2006
- Groups to review unexpected child deaths in their area
- Improved local accountability
- A duty on local authorities to promote the educational achievement of looking after children
As well as child protection and EYP needs to know about disclosure. There may come a time when a child tells an EYP that they are being abuse or have been abused. This is known as disclosure.
There are two ways in which a child may disclose:
- Directly - When a child talk to an adult or older child and explains that they have been abused in some way
- Indirectly - When the professional is aware of possible abuse, through a variety of indicators or through a child’s indirect attempts to disclose through art or other forms of expression
Direct disclosure rarely happens in the majority of early years settings. However, in such a situation, an EYP must ensure that they give the child their full attention. The child obviously feels that they can trust the EYP. It is important that an EYP does not betray this trust. If an EYP does feel shocked by what the child tells them, they must remain calm and not allow their feelings to show, as this may affect what information the child then shares. Above all an EYP must ensure the child that they believe them and demonstrate unconditional acceptance of everything they say.
Once the child has divulged this information, it is then an EYP’s responsibility to record what has been said as soon as they can after the event and report it to their supervisor/line manager. When recording the event, it is important to give factual account stating what the child said as clearly as the EYP can remember. Do not make assumptions about the child’s feelings or about the truth of what the child has told the EYP.
Indirect disclosure is when a child identifies abuse through their play and is more often the way a child demonstrates their pain about being abused.
For example: “a child may demonstrate knowledge of abuse while playing in the home corner, using sexual explicit language or acting out an abusive situation.” When, and if this should happen, and EYP should record the conversation or observation and present it to their line manager or designated child protection person in line with the setting’s policy.
An EYP also has to know all the rules and regulations about procedures and reporting them. So; an early years practitioner (EYP) is required to firstly follow the polices of the setting. Therefore it is vital that they know and understand their setting’s policies. An EYP will also need to refer to the child protection procedures produced by the Area Child Protection Committee (ACPC). “This is a multi-agency body in every local authority which has a responsibility for producing a child protection procedure in line with the child protection service, and starts at the point of referral; the child is the central focus.” There should be a copy of the ACPC procedure in every setting for staff to refer to.
If an EYP should have any concerns for a child or young person, they should report this concern using their setting’s policy and the ACPC procedure. It is probable that the child may be already receiving support for their needs. The Children Act 1989 bestowed two main duties on the local authorities in England and Wales to ensure that children are kept safe and well cared for. These duties are:
-
To provide a service for children in need - “therefore the ‘child in need’ will be held to assess where the child’s needs can be met”
-
To investigate when a child may be in danger of, or be suffering, significant harm and therefore need protecting - “to protect a child in this situation it will involve the police and there will have to be evidence that a criminal act has taken place.”
It is important that when reporting a procedure, an EYP should take into consideration of what may happen if they go to social services. A diagram below shows a possibility of what may happen:
(Diagram on next page)
In conclusion, the legalisations help an EYP to keep to the law while working in a child-care setting and to also understand how they treat children in a way that supports them and helps them develop. Also if a child makes a disclosure to an EYP they have to:
- Reassurance to the child
- Listens to the child
- Gives reassurance that she or he will take action
- The member of staff does not question the child
EYP also keep everything confidential even if they don’t want to. They have a duty to protect and keep children safe.
By Rachel Reynolds
CCLDNA
Cathie Jones
BIBLOGRAPHY
