Current Legislation
Understand the main legislation, guidelines, policies and procedures for safeguarding children and young people.
1.1 Current legislation made for safeguarding children and young people are; Children act 1989. The main aims of the Act are:
• To bring together private and public law in one framework;
• To achieve a better balance between protecting children and enabling parents to challenge state intervention;
• To encourage greater partnership between statutory authorities and parents;
• To promote the use of voluntary arrangements;
• To restructure the framework of the courts to facilitate management of family proceedings.
The main principles and provisions embodied in this legislation are that:
• 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. The scope of the Children Act 1989 is extremely wide. Consequently, it has major implications for the practice of all who work with or for children. It changed the standing of children and young people in law, introduced new concepts relating to the responsibilities of adults, changed the structure and functioning of the courts, and provided an entirely new range of orders in both private and public law relating to the care of children.
1.1 Current legislation made for safeguarding children and young people are; Children act 1989. The main aims of the Act are:
• To bring together private and public law in one framework;
• To achieve a better balance between protecting children and enabling parents to challenge state intervention;
• To encourage greater partnership between statutory authorities and parents;
• To promote the use of voluntary arrangements;
• To restructure the framework of the courts to facilitate management of family proceedings.
The main principles and provisions embodied in this legislation are that:
• 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. The scope of the Children Act 1989 is extremely wide. Consequently, it has major implications for the practice of all who work with or for children. It changed the standing of children and young people in law, introduced new concepts relating to the responsibilities of adults, changed the structure and functioning of the courts, and provided an entirely new range of orders in both private and public law relating to the care of children.