Outline current legislation, guidelines policies and procedure within own UK Home Nation affecting the safeguarding of children and young people.

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Understand the main legislation, guidelines, policies and procedures for safeguarding children and young people.

Unit 025

Outcome 1

Outline current legislation, guidelines policies and procedure within own UK Home Nation affecting the safeguarding of children and young people.

Policies and procedures for safeguarding the welfare of children and young people are -

The UNCRC - The United Nations Convention on the rights of the child.

 The Children's Act 1988 legislates for England and Wales

The Children's Act 2004 puts in place ..

-- A children's commissioner for England

-- A director for children's services within each local authority

-- A duty on local authorities and their partners, including the police, health service providers, youth justice teams to cooperate in promoting the well-being of children and young people and have arrangements that safeguard and promote their welfare.

-- Local Safe Guarding Boards

-- Revised legislation for physical punishment, it is now an offence to hit a child if it causes mental harm or leaves a lasting mark.

-- CAF common assessment framework - helping to identify individual needs.

-- revised arrangements for sharing information – (Data Protection Act 1998 the Eight Principles)

The outcomes for ECM - Every Child Matters, a green paper that emerged from the report of Lord Laming, made in response to Victoria Climbie's terribly tragic death.

What To Do If You Are Worried A Child Is Being Abused 2003 is national guidance that brings together the content from Working Together To Safeguard Children and the Framework For The Assessment Of Children In Need and Their Families 2000.

The Protection of Children Act 1999 is the law that ensures settings do not offer employment that involves regular contact with children paid or unpaid where listed as unsuitable to work with children – The CRB disclosure form. The Criminal Records Bureau is the central point for accessing the records kept on two lists - the Department of Education list and the Department of Heath list. The ISA - Independent Safeguarding Authority is the organisational body charged with the responsibility to check the suitability of those wanting to work with children & young people.

Individual settings operational policies will vary in their titled names and content, they may take the form of:


Employment & induction

Health and safety

Child protection

Explain child protection within the wider concept of safeguarding children and young people

Safeguarding is an umbrella term that involves everything we do in the setting to ensure children are kept safe and healthy. It means a whole range of policies and procedures. Child protection is one aspect of this and is how our setting ensures children are protected from abuse.

The 2008 Statutory Guidance for the Early Years Foundation Stage (EYFS) is underpinned by the positive outcomes of Every Child Matters and the United Nations Convention on the Rights of the Child (UNCRC) (UN,1989) which places a duty of care on Early Years Practitioners and Managers to Safeguard children and young people and promote their welfare. This is evident in raising a CAF on a child due to observations in setting then working as part of a multi agency team that acknowledges if children and families' health and well-being are affected they may not have the emotional and physical health to learn.

Safeguarding children is a social priority and underpins every aspect of our settings policy, planning and curriculum. In the last year our setting has developed practices to include ways of prompting the importance of safeguarding through including policy discussion as an agenda item at meetings, devised a policy questionnaire in the setting induction procedure so we can assess the practitioners awareness and understanding of our procedures, at planning meetings including discussion prompts for awareness of the signs and symptoms and now use long and medium term plans to look at ways to encourage an awareness of keeping safe from harm. This related directly to the statutory framework for the EYFS (DCSF 2008) and to the ECM (DFES, 2003) framework. We are working to develop communication with parents to include ways of promoting children's welfare and keeping them safe and healthy.

The Data Protection Act, 1998, sets out lawful boundaries for sharing information, so practitioners must record parental consent before sharing information , or any other document with other professionals. The exception of this is if a child may be put at risk of significant harm, where a professional made a referral through the Safeguarding children procedures set out by the Local Safeguarding Children Board (LSCB) and in our settings policy. When working with the family, we would explain to the child and family how we would initially share their information, with reasons explaining how we hope this would benefit them and how any document we had written would be shared with other professionals, within confidential boundaries. The Government Strategy to improve outcomes for children (DFES,2006) suggests a key element is sharing information early to aid intervention to help those who can benefit from additional services, closing the gap from the inequalities faced by disadvantaged children.

Ideally children can begin to experience participation at a very early age. It can begin within their own families, if they are adequately listened to and their opinions are valued. Through increasingly meaningful and active participation in decision-making children can develop their own identity, a sense of belonging and usefulness. This encourages them to respond to educational opportunities and enter more fully into life at school. A child, whose active engagement with the world has been encouraged from the outset, will be an adolescent with the confidence and capacity to contribute to democratic dialogue and practices at all levels, whether at a local or an international level.


Victoria Climbing, an 8 year old from the Ivory Coast, died in London in 2000 after months of  malnutrition and torture. A post- mortem found 128 separate injuries on her body.

After her carers were jailed for life, a public inquiry under Lord Laming identified at least 12 occasions where she might have been saved by social workers, police or NHS staff.

Victoria was known to 3 housing departments, 4 social service departments, 2 G P’s, 2 hospitals an NSPCC run family centre and 2 police child protection teams across several London Boroughs.

Lord Laming concluded that there were failures at every level and in every organisation. His key themes were lack of clarity of roles and lack of responsibility within agencies.

In 2004 there were new laws created which said that Local Safeguarding Children Boards (LSCBs) should be set up from April 2006. Cornwall and Isles of Scilly Local Authorities joined together to form our LSCB which helps many organisations and agencies to work together.

This will help us all to keep children safe and increase their well being by:

1. Protecting them  from abuse.

2. Preventing harm to their health or development.

3. Making sure they are safe and well looked after.

4. Helping them  gain good life chances and enter adulthood successfully.

The Cornwall and Isles of Scilly Safeguarding Children Board was set up under Section 13 of the Children Act 2004 and replaces what was the Area Child Protection Committee.

It is the key statutory mechanism for agreeing how relevant organisations will work together to promote, safeguard and protect the welfare of children and young people.

The Board is a partnership made up of senior representatives from several organisations and agencies which include the Local Authority, the Council of the Isles of Scilly, the Police, the Health Service, Youth Offending Service, local Probation Service, the Children and Family Courts Advisory and Support Service and others.

What it does:

It agrees how local services and professionals working with children should co-operate to safeguard and promote the welfare of children.

Objective of the LSCB:

To coordinate and ensure the effectiveness of what is done by each person or body as represented on the Board for the purposes of safeguarding and promoting the welfare of the children in Cornwall and the Isles of Scilly.

Safeguarding and promoting the welfare of children includes:

1. Protecting children from maltreatment.

2. Preventing impairment of children's health or development.

3. Ensuring that children are growing up in circumstances consistent with the provision of safe and effective care.

4. Undertaking that role so as to enable those children to have optimum life chances and enter adulthood successfully.

The core functions of the LSCB are:

1. Developing policies and procedures for safeguarding and promoting the welfare of children.

2. Communicating and raising awareness to persons or bodies within the area of the need to safeguard and promote the welfare of children.

3. Monitoring and evaluating the effectiveness of what is done by the parties individually and collectively.

4. Participating in planning and commissioning of services for children.

5. Collecting and analysing information relating to child deaths.

6. Undertaking serious case reviews and advising parties and agencies accordingly.

7. Scrutinising safeguarding activities undertaken by the Children's Trust Board and Board member partner agencies.

8. Any other activities that facilitate or are conducive to the achievement of the Board's Objectives.

Working in conjunction with Working Together to Safeguard Children 2010, Section 8.3 also clearly states that Regulation 5, of the Local Safeguarding Children Boards Regulations 2006, requires LSCBs to undertake reviews of serious cases. They should be undertaken in accordance with the processes set out in Chapter 8 of Working Together to Safeguard Children 2010.

“The prime purpose of a Serious Case Review (SCR) is for agencies and individuals to learn lessons to improve the way in which they work both individually and collectively to safeguard and promote the welfare of children.”

Analyse how national and local guidelines, policies and procedures for safeguarding affect day to day work with children and young people.

As well as every setting having a safeguarding policy of their own, every Council should also have their own policies and procedures for safeguarding children. I am aware that Cornwall and the Isles of Scilly has its own local safeguarding policy (LSCB). This board is a legal body that was established by Cornwall Council as a children’s services authority under the children act 2004.

The LSCB is responsible for ensuring that all agencies and departments that work with children and young people in the county, work in unity to support the welfare and safety of children. To ensure that work is carried out in an effective manner the LSCB coordinate the work of local agencies to provide a more optimistic outcome in regards to children’s safeguarding. Cornwall works in line with the Every Child Matters programme which states that each child has a right to;

Be healthy

Stay safe

Enjoy and achieve

Make a positive contribution

Achieve economic well being

In order to protect and keep children and young people safe from harm and abuse, each Council has its own safeguarding management team which is responsible for promoting good practice and developing links in all areas regarding the safety and well being of children and young people.

I am also aware of my own settings safeguarding policy that was developed in agreement with the values that were established by the Children Act 1989 and 2004. These are the policies and procedures we need to follow whilst working with children within our setting;

Within childcare practice we must be aware that we have a clear and defined role in relation to child protection. Professionals working with children/young people i.e. teaching assistants, volunteers, outside agencies are CRB checked (criminal records bureau). Adults working with children should also be fully trained in safeguarding children by a nominated safeguarding adviser and have the opportunity to receive training in order to develop their understanding of the signs and indicators of abuse or neglect, this training is offered every 3 years. In order for child protection to work effectively we must ensure we have good inter relationships with other agencies and good cooperation from professionals that are competent in responding to child protection situations.

A procedure for recording concerns and incidents if a child discloses information that concerns his/her welfare; we must make a record of exactly what the child has said in their words and report it to a safeguarding officer, ensuring that these records are kept confidentially.

Guidance on confidentiality and sharing; the practitioner  or safeguarding officer will only disclose personal information concerning a child to other members of staff on a need to know basis, however all staff must be aware that they have a responsibility to share information with other agencies. If a child or young person does disclose information to a member of staff and ask that that information remains ‘a secret’, it is vital that the member of staff tells the child/young person sensitively that they have a duty to transfer information to the appropriate agencies in order for other children to be safeguarded.

Children and young people attend setting expecting to be nurtured and taught by people who are both paid and unpaid, these adults will provide children and young adults with opportunities to learn and gain knowledge of a range of subjects. All adults have a special responsibility to the children we work with; a code of conduct provides us with a clear guideline on the types of practice that will meet these responsibilities. Good conduct not only prevents incidents and allegations that we find ourselves being an element of, but will also help to highlight any conduct (by other people) that is unsafe and unprofessional.

Explain when and why inquiries and serious case reviews are required and how the sharing of the findings informs practice.

Serious case reviews are crucial as they examine all agencies involved to ensure that they are actively involved and working together as they should be.

When professionals are found to be negligent in their involvement or procedures, the review is able to highlight where the mistakes were made.

According to the Local Safeguarding Board Regulations 2006, serious case reviews will be required in situations where a child has died due to known or suspected abuse or neglect. Sometimes reviews may be carried out where a child has been seriously harmed or suffered life threatening injuries.

Serious case reviews are used by agencies to discuss the case together and to determine the lessons which are to be learned about the way in which professionals have worked and which can work together in the future. A report will then be written which will be made public so that recommendations are known when undertaking a serious case review.

The duty that a setting has to safeguard its children, staff, parents carers & support its community & regulators in their inspection processes is paramount, this means that recommendations within serious case reviews offer the opportunity to examine current practice, what's happening and how it happens, within the setting and externally with other organisations/agencies/service providers.

Through this, practitioners can pass on information via their meeting agendas or promotion of their open door policy for raising concerns about practice or other, that anyone feels has the potential to contribute to or cause children's vulnerability. It helps everyone look at information and sharing it, storing it, transporting it, data protection and freedom of information act, the referral, reporting procedures & contact lists that are in place.

If anything within a review reflects a settings practice and has recommendations that would improve safeguarding measures you'll be able to identify them and see ways to implement, discuss and adapt the way things currently go on, ensuring a setting continually maximises what it does to safeguard well-being and welfare.

"Local safeguarding board considers conducting serious case reviews where;

1.a child sustains a potentially life threatening injury through neglect or abuse.

2.the child has been subjected to particularly serious sexual abuse

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3. a case raises concerns about inter-agency working to protect children from harm.

The purpose of a SCR is to;

1.establish whether there are any lessons to be learnt from the case about inter-agency working.

2.to clearly identify what these lessons are, how they will be acted upon and what is expected to change as a result.

3.to improve inter-agency working to safeguard and promote the welfare of children"

Explain how the process used by own work setting or service comply with legislation that covers data protection, information handling and sharing.

In my work ...

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