1.1
There is no single piece of legislation that covers child protection in the UK, but rather a collection of laws and guidance that are continually being amended, updated and revoked. Laws are amended by new legislation passed by Westminster, the Welsh Assembly Government, the Northern Ireland Assembly and the Scottish Parliament. This is known as statutory law, but laws also have to be interpreted by the courts. The way in which courts interpret laws is known as case law, and this can also have the effect of amending statutory law. It should also be noted that not all laws cover all parts of the England, Wales, Scotland, and Northern Ireland, and that the legal systems vary in the different areas. Legislation covering child protection can be divided into two main categories:
Civil law is divided into public and private law.
Public law puts in place systems and processes in order to minimise the risk of children coming to harm and lays out what action should be taken if children are at risk.
Private law deals with family proceedings such as divorce and contact
Criminal law deals with people who have offended or are at risk of offending against children. In practice, some Acts may include both provisions that relate to civil law and provisions that relate to criminal law.
Since the NSPCC was founded in 1884, it has played a key role in influencing and drafting legislation to protect children. All off the legislation listed below has been over seen by the NSPCC and the relevant parties to put this in place for the over all safeguarding of children and young people.
The Children and Young Persons Act 1933 is one of the older pieces of child protection legislation, which has parts that are still in force today. It includes a list of offences against children, which are referred to as Schedule One offences, these are:
Rape