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Protection of children and families

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Assignment Two The protection of children involves the use of the civil and criminal law by, primarily children's social care and the police. The law in this area can be complex. In individual cases, children's social care and the police obtain legal advice in the preparation and presentation of cases to the courts. The Children Act 1989 is the primary legislation, enabling and requiring children's social care to protect children in their area from the risk of significant harm. This Act came into force on 14th October 1991. It is the most important reform of the law concerning children over the last century. It made the law simpler and easier to use. It brought together the legalisation concerning the care and upbringing of children in both private law, which applies to children affected by private dispute (such as, divorce proceedings), and public law, which covers children who are in need of help from a local authority. The Act sets out a number of important principles which child protection practitioners need to be aware of. There are five main principles: * At all times, the welfare of the child must be the paramount (highest) consideration * A new concept of parental responsibility * The 'no order' principle, whereby courts are instructed not to make statutory orders unless they are satisfied that the way to safeguard the welfare of the child (first principle) ...read more.


* 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. ...read more.


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 * http://www.oldham.gov.uk/legal_framework.pdf * http://www.lscb-llr.org.uk/guidance_legal_framework.pdf * http://www.audioenglish.net/dictionary/chastisement.htm * http://www.southwestyorkshire.nhs.uk/documents/349.pdf * http://wiki.answers.com/Q/What_is_full_disclosure_principle ...read more.

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