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.
Its primary purpose was to give boundaries and help for local authorities and/or other entities to better regulate official intervention in the interests of children. The Act also made changes to laws that pertain to children, notably on foster homes, adoption agencies, babysitting services, and the handling of child-related crimes and crimes against children. Protection of children’s act (1999) - The Protection of Children Act 1999 creates a system for identifying persons considered to be unsuitable to work with children. This will be achieved by checks being made of criminal records with the National Criminal Records Bureau (CRB). “Child Care Organisations” - defined as those concerned with the provision of accommodation, social services or health care services to children or the supervision of children under 18 years - have a mandatory duty to check and report to the Bureau.
Protection from the use of illicit drugs. The Children Act 1989 The Children Act 1989 came into force in October 1991. It brought together legislation on caring for and protecting children and is still the framework for safeguarding children and promoting their welfare. The Children Act 1989 is supported by the following principles: The child’s welfare is the paramount consideration in any decision which affects them A list of factors for the courts to assess what is in the welfare of the child, in a situation 4 Parental responsibility with the local authority for a child in care Partnership – professionals and families must work together for the welfare of children The child’s voice – a child’s wishes and feelings should be sought and taken into account in making decisions affecting them (if they are old enough to understand) Family is best – a child’s own family is the best place for a child to be brought up
Unit 25 1.1 Outline current legislation, guidelines, policies and procedures within own UK Home Nation affecting the safeguarding of children and young people. The children’s Act 1989 The children’s act 1989 is a British act of parliament that changed the law concerning children; the law introduced the idea of ‘Parental responsibility’ i.e. - The child’s requirements arising from race, culture, language and religion be taken into account. - The best place for a child/young person was to be cared for was within their own home. - If legal proceedings should occur then parents should continue to be involved with their children, even if the parents were separated or divorced.
Another major aspect of their situation would be if they have any physical injuries from the crash they would need a support network to them rehabilitate. Their age is also a major aspect as John is 13 and Sophie is 11. Article 12 of the UN convention of the rights of the child states: “ Respect for the views of the child when adults are making decisions that affect children children have the right to say what they think should happen and have their opinions taken into account” This means that even though they are under 18 they are entitled to voice their opinions and have the right to say who is involved in their care. This article gives John and Sophie the rights to have their opinions expressed and taken into account on how decisions made for them would affect their well being. Article 20 makes it the states obligation to provide care and support for John and Sophie as they have been 'deprived of family environment' this means children who can't be looked after by family must be placed with a family by the state.
Unit 3 Understanding how to safeguard the wellbeing of children and young people 3:1:1 Outline the current legislation, guidelines, policies and procedures within Northern Ireland affecting the safeguarding of children and young people Regarding the safeguarding of children, Northern Ireland operates in line with a number of legislative procedures and policies in relation to Europe, Great Britain and within our own government. The most important of these current policies to be aware of for myself as a Classroom Assistant are ‘The United Nations Convention on the Rights of the Child 1989’ (of which Britain signed up to in 1991), The Children (NI) Order 1995 and the ‘The Data Protection Act 1998’ ‘The UN Convention on the Rights of the Child 1989’sets out the rights which all children and young people up to the age of 18 should have no matter where they live or what their circumstances are. This list of articles to which each country signed up ‘brought together several sets of guidance and provided the basis for many of the standards we maintain with children’ (Meggit, Bruce, Granier 2012) Britain signed up to the treaty in 1991 meaning they fell into line with the expected practices and policies set out in the Treaty; one of the most important being ‘Article 19’, which stated that children’s rights are to be ‘protected from all forms of physical and mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including sexual abuse by those looking after them.’ Northern Ireland as a part of Great Britain follows the policies of the UN Treaty also, as well as enacting legislation within its own devolved government. The Children (NI) Act 1995 is the overarching legislation on the requirements for professional practice in relation to young people. It has five fundamental principles which all organisations within this country that
It centres on the idea that children are best cared for within their own families; however, it also makes provisions for instances when parents and families do not co-operate with statutory bodies. Human Rights Act 1998 - The Human Rights Act is a UK law passed in 1998. It means that you can defend your rights in the UK courts and those public organisations including the Government, the Police and local councils must treat
For example in my setting we must adhere to EYFS, children act, equality act etc United Nations Convention on the Rights of the Child (UNCRC) - this act is across every country apart from Somalia and the USA. Article 2 is about discrimination, this relates to my care setting because we don't treat any child differently because of their gender, ethnicity, religion, where they live, what they say, their beliefs etc Social and Economic Influences *child benefit is a payment for your child whilst they are in education up to the age of 16 although there are some circumstances that will allow payment up to 20 years
Primary legislation Children Act (1989 s47) Protection of Children Act (1999) Data Protection Act (1998) The Children Act (Every Child Matters) (2004) Safeguarding Vulnerable Groups Act (2006) The Children Act (1989 s47) resulted in the policies and procedures for Safeguarding and Child Protection – the structural organization of the child protection system was amended further by the introduction of The Children Act (Every Child Matters) (2004). The main principles of the 1989 Act are: • the welfare of children must be the paramount consideration when the courts are making decisions about them; • the concept of parental responsibility has replaced that of parental rights; • children have the ability to be parties, separate from their parents, in legal proceedings; • local authorities are charged with duties to identify children in need and to safeguard and promote their welfare; • certain duties and powers are conferred upon local authorities to provide services for children and families; • a checklist of factors must be considered by the courts before reaching decisions; • orders under this Act should not be made unless it can be shown that this is better for the child than not making an order; • delay in deciding questions concerning children is likely to prejudice their welfare. In 2003, the Laming Report (into the death of Victoria Climbie) resulted in a green paper (Every Child Matters) which in turn led to The Children Act (2004). The main provisions of the act are summarized in ‘The Guardian): • Creates the post of a Children's Commissioner for England. • Enables the government to create an electronic record of every child in England, Scotland and Wales to make it easier to trace children across local authorities and government services.
• Arrangements for sharing information has been reviewed and changed Vetting and barring The scheme was introduced in 2009 to stop unsuitable people working with vulnerable children and adults this scheme does the following: • a person who is barred from working with children or vulnerable adults will be breaking the law if they work or volunteer, or try to work or volunteer with those group. There are many policies and procedures within the UK that outline the current legislation and guidelines to help with safeguarding children and young people. The Children Act 1989 The integral part of this act is to maintain the child is at the forefront of decisions; the best option in relation to the child’s welfare will be taken into account when deciding the best course of action for the child/young person’s upbringing – creating a partnership between parents and multi-agencies. Alongside this, the requirement