1.1 Legislations and Guidelines • Child Act of 1989 • Children Act 2004 • Working Together to Safeguard Children 1999 • UNN Convention on Rights of Children 1998 • Working Together to Safeguard CYP 2006 • Vetting and Barring Scheme –CRB • Every Child Matters ECM Child Act of 1989 Parents and professionals must work to ensure the safety of the child. Local Authority has a duty to investigate when there is a reasonable cause to suspect that a child is suffering or likely to suffer significant harm. Children Act 2004 This provides the legal Framework for Every Child Matters. It includes the requirement for: Services to work more closely, forming an integrated service. Children Act 1989/2004 The Act from 1989 updated in 2004, is the most influential of the several laws relating to children, because is all about how children are treated.
It sets out recruitment best practice, some underpinned by legislation, for the school, local authority, and further education education sectors. All schools should protect children and promote their welfare by providing a safe environment for children to learn in. Creating a culture which recognises and understands the importance of safeguarding - including listening to and discussing with children. Identifying children who are suffering or likely to suffer significant harm, both at school and at home, and referring immediately any concerns to the local authority children’s social care services. Preventing unsuitable people from working with children.
The Children Act 2004 introduced further changes to the way the child protection system is structured and organised in England and Wales. 1. Children Act 1989 (England and Wales)/Children (Northern Ireland) Order 1995: These acts were brought in to simplify the laws to protect children and young people. These laws made it clear to all people who work with children what their duties were and how they all should work together in the event of allegations of child abuse. England and Wales produced separate documents – Working together to Safeguard Children (1999) – which highlights the duties of professionals towards children who are at risk of abuse.
In England the main current legislations and guidelines that apply are: United Nations Convention on the Rights of the Child, Statutory Framework for the Early Years Foundation Stage 2008, Children Act 1989, Children Act 2004,Working Together to Safeguard Children 2010, Protection of Children Act 1999,Police Act 1997. Children Act 1989 – This act was brought in to reform and simplify the existing laws protecting children and young people in the UK at the time. It gave children and young people equal rights, feelings and wishes, and that their welfare is paramount. It also made clear that local authorities have a duty to provide services for children in need, their families and others. Children Act 2004 – The Children Act 2004 was brought about following an independent inquiry into the death of Victoria Climbié by Lord Laming.
1.1 Current legislation, guidelines, policies and procedures within own UK Home Nation affecting the safeguarding of children and young people We write our settings policies and procedures based on current legislation and guidelines. The Children Act 1989 was put in place to ensure that children are safeguarded and protected from harm and their welfare is paramount. It outlines the fact that children have their own rights and parents have responsibilities to their children instead of rights over them. It recognised that children have a right to be protected from harm, a right to be listened to and a right to live with parents if it is safe for them. The Protection of Children Act 1999 gave a definition to significant harm.
H&S at work Act 1974; States our duty to protect everyone’s, including our own, safety, health and welfare. This includes a school’s duty to make sure staff and volunteers have a DBS check. Children Act 1989; Children should be protected from harm regardless of their age, gender, religion or ethnicity. “Safeguarding legislation and government guidance says that safeguarding means: * protecting children from maltreatment * preventing impairment of children’s health or development * ensuring that children are growing up in circumstances consistent with the provision of safe and effective care. * taking action to enable all children and young people to have the best outcome” http://www.safenetwork.org.uk/getting_started/Pages/Why_does_safeguarding_matter.aspx “The action we take to promote the welfare of children and protect them from harm - is everyone’s responsibility.
The Act sought to emphasize the importance of inter-agency work and cooperation in meeting the needs of children and to ensure that children’s views are ascertained and represented, improve outcomes for all children, as well of those defined as “in need” under the Children Act 1989, by focusing services more effectively around the needs of children, young people and families. The laming Report following the death of Victoria Climbie was highly critical of the way the case was handled and made 108 recommendations to overhaul child protection in the UK. As a result The Every Child matters guidelines, led to this
The 2004 Act, laid down a number of legal requirements such as closer working relationships between the agencies e.g. schools, welfare services and health care professionals, and led to the introduction of the Every Child Matters framework the aims of which included to help implement the Act. This framework set out guidelines and stipulated that every child should be given the support to: • Be healthy, • Stay safe, • Enjoy and achieve, • Make a positive contribution • Achieve economic well-being. However, in April 2013 the new Working together to safeguard children guidance was implemented which unified previous guidance papers and legislation to clarify the obligations of professionals towards safeguarding children. It replaced Working together to safeguard children (2010) Framework for the assessment of children in need and their families (2000), and Statutory guidance on arranging to safeguard and promote the welfare of children under section 11 of the Children Act 2004 (2007).
These are: To allow children to be healthy Allowing children to remain safe in their environments Helping children to enjoy life Assist children in their quest to succeed Help make a contribution – a positive contribution – to the lives of children Help achieve economic stability for our children’s futures The Children Act 2004 provides the legal underpinning to 'Every Child Matters: Change for Children' (2004). In response to the Children's Act 2004 there have been some structural changes. From April 2006, education and social care services for children in each local authority have been brought together under a director of children's services. In which today, we carry out these requirements in out setting. b) Childcare Act 2006.
All safeguarding/admissions/ setting policies must be kept up to date, it is important for all staff to read all policies and procedures. Under the EYFS it is important to observe children during physical play this we do with in the crèche to note the skills for future planning to show, this provides important information on how to support them and provide new activities and equipment to be used. If we have concerns about a child that we feel is a risk then we need to report this to our line manager, if they are not present then we have a safeguarding flow chart that we follow with all the information and telephone numbers regrading this. The line manager is our setting has completed a suitable persons interview with Ofsted. All staff within the crèche have paediatric first aid training and have health and hygiene certificate.