The legislation to protect children from adults who pose a risk are: Sex Offenders Act 1997 Better known as the sex offenders register and anyone on it have to notify the police of any changing of names and addresses. The Sexual Offences Act 2003 Updated to include grooming, abuse or position of trust, trafficking and it covers offences committed by UK citizens whilst abroad. The Domestic Violence, Crime And Victims Act 2004 It is an offence to cause or allowing the death of a child or a vulnerable adult. The Serious Organised Crime And Police Act 2005 This act set up the framework for UK-wide child exploitation and online protection centre to be created. Safeguarding Vulnerable Groups Act 2006 This allows vetting staff and barring people who are unsuitable to work with children across the UK.
The Care Quality Commission (CQC) outlines regulations, guidance to try and prevent abuse taking place, abuse issues are also highlighted in the Mental Capacity Act 2005. The Protection of Vulnerable Adults scheme was introduced by the Care Standards Act 2000 (now the Essential standards). It aims to ensure that no one is allowed to work in the care sector if they have ever abused neglected or otherwise harmed vulnerable adults in their care or placed them at risk. The Sexual Offences Act 2003 makes it an offence for those engaged in providing care, assistance or services to someone with a learning disability or mental disorder to engage in sexual activity with that person whether or not that person has the capacity to
Safe Guarding and Protection of Vulnerable Adults Unit 514 The Government safeguarding policy and legislation is based on three main concepts. Justice- making sure everybody has a fair trial and is treated fairly. Empowerment- allowing the individual a right to be involved in the situation and allow them to have a voice. Protection- keeping people safe and protecting them from harm and abuse where possible. Also the concept of protection is taking away basic rights of the individual.
In this case the Court confirmed that the special measure provisions of the Youth Justice and Criminal Evidence Act 1999 were compatible with Article 6(3)(d) of the Human Rights Act 1998 so long as they are employed legitimately to protect vulnerable witnesses (in that case, a child). This case confirms that where the legitimate interests of a vulnerable witness come up against the right of a criminal defendant under Article 6, the former will usually, if not always, prevail. Conclusions to this research. In answer to the question, has the law of criminal evidence managed to strike an appropriate balance between protecting the victims of sexual assault, who are usually the prime witnesses in prosecution proceedings, and protecting the Article 6 rights of defendants charged with these crimes, in particular the right to properly test the evidence which has been admitted against them, this author presents the following assertions: (1) The video-based special measures considered in this paper do not manage to discharge adequately the barriers which are faced by rape and sexual assault victims and are not having the effect of increasing rates or reporting and conviction for these types of offence. For these measures to be effective they would have to circumvent altogether the adversarial
Safeguarding Adults SAY NO TO ABUSE Service user information Easier Read Agreed for use in Adult Social Care, Health and Public Protection services by the Nottinghamshire Learning Disability Partnership Board 2011 1 This booklet explains what “Safeguarding Adults” is What is abuse? • Abuse is when someone does or says something to you which makes you upset or scared. • Abuse is when someone tries to take away your rights. • You may be afraid to say something to them to try to stop them. • Abuse can happen by accident, where someone doesn’t realise that they are scaring you.
Those that commit an act of sexual abuse against another person have to by law register as a sex offender. These registries can be found anywhere and although these individuals may think that it violates their right to privacy the public needs to be aware that there may be a sexual predator within their
http://www.hse.gov.uk/legislation/hswa.htm Protection of Children Act, 1999: Aiming to protect children, the Secretary of State has the power to keep a list (the ISA Children’s barred list) of people that are not suitable to work with children and young people and for this reason cannot be employed by Local Authorities, schools and Further Education establishments. http://www.osn.org.uk/childcare_legislation_and_framework_explained . The Data Protection Act, 1978 The Data Protection Act controls how organisations, businesses or the government uses your personal information. Everyone who is responsible for using data has to follow strict rules called ‘data protection principles’: http://ico.org.uk/for_organisations/data_protection/the_guide/the_principles https://www.gov.uk/data-protection/the-data-protection-act National Minimum Wage The National Minimum Wage rate per
* Mental Capacity and Deprivation of Liberty Safeguards 2005 the primary purpose of these Acts is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves. The statutory principles of the Acts are designed to protect people who lack capacity to make particular decisions. The Acts also support their ability to make decisions, or to participate in decision-making, as far as they are able to do so. Both Acts are supported by a Code of Practice
Act of Parliament/regulation/guideline | Use | Type of abuse | Criminal Justice Act 1998 | Criminal prosecution by police for assault. | Physical | Civil action by the victim | For assault, battery or false imprisonment. | Physical | Care Standards Act 2000 | Regulation of residential and nursing homes, cancelation of registration, emergency cancelation, for breach of regulations. However, it is the driving up of quality as a result of this act which offers the best protection against abuse. | Institutional | Sexual Offences Act 2003 | Police prosecution for rape, indecent assault and other sexual offences.
( P.C. 11165.3 ) “ Mental Suffering “ in and of itself is not required to be reported. However, it may reported. Penal Code 11166.05 states: “ Any mandated reporter who has knowledge of or who reasonably suspects that mental suffering has been inflicted upon a child or that his or her emotional well - being is in danger in any other way may report the known or suspected instance of Child Abuse or Neglect to an agency specified in section 11165.9 “