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Outline current legislation, guidelines, policies and procedures within UK home Nation affecting the safeguarding of children and young people. Safeguarding is about promoting children’s welfare and putting measures in place to improve children’s safety and prevent abuse. As part of the safeguarding process it is necessary to take action when there is reasonable belief that a child is at risk of significant form.
The children’s act 1989
This act makes the welfare children the most important consideration when any decisions are being made about them. When ever possible, its family should look after a child and the child parents make the best decisions for their children. A child should be asked about its wishes and every effort should be made to keep …show more content…
the child in touch with its wider family, even if the court feels it’s not the best for the child to live with its parents. The children’s act (2004) confirms the role of the children’s commissioner in wales who has the function of promoting the awareness of the views and interests of children in Wales.
Children’s commissioner for Wales’s policy officers help to ensure that children’s rights are delivered to all children in Wales in a number of ways including responding to proposed legislation in both the UK Parliament and National Assembly for Wales and responding to consultations on new or revised guidance and regulations produced by the Welsh Government.
The team also undertakes monitoring of the recommendations previously made by the Commissioner. By monitoring the recommendations, we try to ensure that the recommendations are fully implemented and lead to positive changes for children and young people. The team is also responsible for conducting reviews of complaints, whistle blowing and arrangements for advocacy services within regulated services in Wales.
The children’s act 2004
The act puts into practice the proposals for legislation set out in the Green paper Every Child Matters (Cm 5860, 2003), including the creation of a Children’s Commissioner for England. It proposed a national framework of change for children focusing on five outcomes:
Being healthy
Staying safe
Enjoying and achieving
Making a positive contribution
Achieving economic well being.
In Wales the adoption of the UNCRC as the basis of Welsh Domestic Law has now superseded this. The five outcomes are also embodied in the Welsh Assembly Government’s seven Core Aims, based on the United Nations Convention on the Rights of the Child. The aims are to ensure that all children and young people in Wales: have a flying start have a comprehensive range of education and learning opportunities enjoy the best possible health and are free from abuse, victimisation and exploitation have access to play, leisure, sporting and cultural activities are listened to, treated with respect, and have their race and cultural identity recognised have a safe home and community which supports physical and emotional well-being are not disadvantaged by poverty.
The Act made it statutory to safeguard and promote the welfare of children across all statutory agencies except education (where it was already statutory – Education Act 2002. It set up local safeguarding children boards to replace area child protection committees to oversee the safeguarding of children, and required local authorities to produce annual children and young persons plans and appoint directors and lead members of children’s services.
United Nations Convention on the Rights of the Child (1989)
This international agreement sets out the minimum standards for protecting children’s rights and refers to all children up to the age of 18 years old. The principles and standards are binding on states that have ratified them. There are 54 articles: 40 give direct rights to children. The Convention defines the basic human rights of all children and specifies 14 basic rights. Each child has the right to:
Life
Name and nationality
Live with his/her parents and if this is not possible then to have contact with them
Say what they think
Meet other children and join groups
Be safe from harm
Medical care
A decent standard of living
Education
Practice their religion and speak their language
Rest and time to play
Protection from dangerous work
Protection from the use of drugs.
The remaining relate to the measures state parties must take to implement the treaty. Any nation that is a signatory has to demonstrate how these rights will be reflected in national legislation and policy. In the UK, the Convention on the Rights of the Child was ratified in December 1991 and the principles are reflected within the Children Act 1989, the Children (Northern Ireland) Order 1995, The Children (Scotland) Act 1995 and subsequent legislation.
The best interests of the child should be a primary consideration when action is taken concerning them
Children are to be protected from all forms of discrimination
Every child has the inherent right to life, survival and development
Children should not be punished cruelly or in a way that belittles them
Children have the right to be protected from all forms of abuse and neglect and be given proper care by those looking after them
Children who are victims of abuse are entitled to the care and treatment needed to recover from the effects of their mistreatment.
The Education Act 2002
Section 175 of this Act introduces a new statutory duty on local education authorities, maintained and independent schools and further education institutions to ensure that their responsibilities are carried out with a view to safeguarding and promoting the welfare of children and young people.
Duties of LEAs and governing bodies in relation to welfare of children
A local education authority shall make arrangements for ensuring that the functions conferred on them in their capacity as a local education authority are exercised with a view to safeguarding and promoting the welfare of children.
The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.
The governing body of an institution within the further education sector shall make arrangements for ensuring that their functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution.
An authority or body mentioned in any of subsections (1) to (3) shall, in considering what arrangements are required to be made by them under that subsection, have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.
Legislation.gov.uk
Childcare act 2006
General Functions of Local Authority: Wales Provision of childcare
Duty to secure sufficient childcare for working parents
Powers of local authority in relation to the provision of childcare
Arrangements between local authority and childcare providers
Charges where local authority provide childcare
Power to require local authority to assess childcare provision
Data Protection Act 1998
This act replaced the Data Protection Act 1984 and the Access to Personal Files Act 1987. It relates to recording information, including information about children. Under the 1998 act, personal information must be obtained fairly and processed lawfully. Information can only be shared in certain circumstances and it has to be accurate, relevant and kept securely. In some circumstances, the act allows for disclosure of personal information without the consent of the subject, including that”for the purpose and detection of crime, the apprehension or prosecution of offenders or when a failure to disclose information could place the protection of children, young people or vulnerable adults at risk.” This is particularly relevant where an organisation or employer holds information about someone who could pose a risk to children.
The children’s and young persons act 2008
The Children and Young Persons Act 2008 received Royal Assent on 13th November 2008. The purpose of the Act is to extend the statutory framework for children in care in England and Wales and to ensure that such young people receive high quality care and services which are focused on and tailored to their needs.
Local authorities will be empowered to enter into arrangements with other bodies in the discharge of its care functions, but may not delegate such functions to other local authorities
The securing of sufficient and appropriate accommodation for children in local authority care
An amendment to the duties of local authorities to enable them to appoint Independent Reviewing Officers, such Officers to be independent of the local authority
Local authorities will be obliged to visit young people in its care
There will be a designated member of staff at maintained schools whose specific responsibility it will be to promote the educational achievement of children in care who attend that school
The local authority will have a duty to provide assistance to young persons who are in care or who have recently left care to pursue education and training
The local authority’s power to make cash payments to children in need and their families is extended i.e. this power can be exercised by an authority in circumstances which are not exceptional.
Individuals who are responsible for caring for disabled children can be assisted, by being given breaks from their care duties.
The Chief Inspector of Education Children’s Services and Skills will have enforcement powers in relation to a person who is failing to comply with a requirement relating to a child’s home etc.
The rights of relatives who are entitled to apply for a residence order or a special guardianship order without leave of the court is now extended to include those with whom the child has lived for a continuous period of one year
A pilot scheme will be established to monitor how local authorities enter into arrangements with other bodies in respect of their care functions: the scheme will commence on the day that of the 2008 Act comes into force and will end on the day that comes into force, or at the end of the five year period following the Act coming into force.
Local safeguarding children
The All Wales Child Protection Procedures 2008 replace earlier jurisdiction and reflect recent significant changes in legislation. The new procedures combine the shared knowledge and experiences of Wales' 22 Local Safeguarding Children Boards (LSCBs) and reflect the changes required as a result of high-profile child protection reports like the Laming Report. The vetting and barring scheme was introduced in
2009.
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How the national and local guidelines, policies and procedures for safeguarding affect day to day work with children and young people. Within the nursery setting we must be aware that there is a clear and define role when working with children in relation to child protection.
Professionals working with children and young people should be fully trained in safe guarding and have the opportunity to receive training in order to develop their understanding of the signs of child abuse or neglect. This training is offered every 3 years. In order for child protection to work effectively we need to ensure we have good inter relationships with other agencies and good co-operation from professionals that are competent in responding to child protection situations.
Procedures must be in place for recording concerns and incidents if a child discloses information regarding his/her welfare. We must make a record of exactly what the child has said, in their own words, reporting it to the safeguarding officer, ensuring that these records are kept confidentially and separate from pupil records. The safeguarding officer gives guidance on confidentiality and the sharing of information and 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 and that if a child discloses “a secret” then they must explain, sensitively, that they have a duty to tell the appropriate people who can help. Children and young people attend school expecting to be nurtured and taught by people who are both paid and unpaid, these adults should provide children with the opportunities to learn and gain knowledge of a range of subjects whilst keeping them safe. All adults within the school setting have a responsibility to the children we work with; a code of conduct provides us with clear guidelines on the types of practice that will meet these responsibilities. Good conduct not only prevents incidents and allegations that we may find ourselves being an element of, but will also help to highlight any conduct but other people that is unsafe and unprofessional.
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How the procedures used by own setting comply with the legislation that covers data protection, information handling and sharing. In my setting we have a child protection policy this covers data protection, information handling and sharing, it states that information held about children should be held for a specific purpose, be adequate and kept for no longer than necessary, be processed in accordance with rights of the data subject, and be subject to appropriate security measures. Individuals have the right to know about any data kept and the pompous for which it is being processed. They also have the right to have any inaccurate information held about them corrected, removed or destroyed. Before processing data we should consider if it is necessary? Is it 100% accurate? And has the data subject been told that it is being processed and why? And is the data secure? All personal data whether manual or electronic should be kept secure to stop it from being lost, damaged or destroyed. Paper records should be locked away and keys should be kept safe. If electronic then access should be password protected and passwords should only be known by DCPO (designated child protection officer). All files should be out of sight of any unauthorised persons at all times. Data should not be faxed or emailed unless made anonymous first as you cannot guarantee security. When the data is no longer needed it should be destroyed either by shredding or incinerating or using confidential waste bins. All our children’s records are securely stored in the manager’s office and as she is the designated DCPO only she has access to them. My work settings policy is written up in order to comply with the current legislations.
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Identify the policies and procedures required in the work setting for safeguarding children and young people. Polices and procedure give clear messages to staff about their roles and Responsibilities and set the boundaries within which they are expected to work. It is also important to remember policies and procedures are there to make sure that the best possible practice is maintained and developed to provide the best care and learning environment for the children or young people.
Job role indicating safeguarding responsibilities and clear lines of accountability including reporting mechanisms and procedures including CRB/Barring, record keeping and confidentiality policies indicating the circumstances in which confidential information should be shared. Attendance registers and individual records of children’s health and development progress, including next of kin, GP, multi-agency involvement, family profile named persons authorized to collect or drop off children.
First aid policies and purpose of such policies and the contribution they make to safeguarding.
Safe guarding policies and procedures e.g. staff training policies including safeguarding procedures, procedures for intimate care and for dealing with allegations against staff, procedures for logging referrals/cause for concern to other agencies and documenting follow-up.
Data Protection Act 1998
Personal information held about children and families is subject to a legal duty of confidence. That duty is not absolute but is a balance between the public interest in maintaining the confidentiality and the public interest in disclosing the information.The Data Protection Act 1998 makes provision for the processing of information concerning individuals, including the obtaining, holding, use or disclosure of that information. The Act does not amount to a blanket ban on disclosure. It requires that “personal” and “sensitive” information is:
Obtained and processed fairly and lawfully,
Only disclosed in appropriate circumstances,
Procedures for documenting and logging parental engagement; safe working practice e.g. safe and appropriate behavior when dealing with children and young people’s personal care; professional responsibilities e.g. role modeling, whistle blowing, duty of care during off-site visits, safe arrangements for photographic and video representation of children and young people.
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Develop the progress for reviewing the process for safeguarding policies and procedures. Mentoring and reviewing; leasing with other statutory, voluntary and community organisations supporting children and young people within the local area to inform local area to inform policies, including local authority social services, foster care organisations, NSPCC, health visiting and scholl/specialist community nursing services, GP, teaching and support services staff in schools, psychology services, police and probation services.
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The impact of a child’s/young person centered approach to safeguarding on policies and procedures.
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The different organisations as part of the development or review process of policies and procedures for safeguarding children’s and young people.
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How promoting wellbeing and resilience supports the safeguarding of children and young people
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How children or young people resilience and wellbeing are supported in own work setting
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Supporting others to understand the importance of wellbeing and resilience in the context of safe guarding.