An introduction to child protection legislation in the UK (NSPCC)
A brief introduction to some of the key legislation that protects children and young people in the UK.
Children Act 1989
The Children Act 1989 sets out in detail what local authorities and the courts should do to protect the welfare of children. It charged local authorities with the “duty to investigate … if they have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm” (section 47). Local authorities were also charged with a duty to provide “services for children in need, their families and others” (section 17).
The Children Act 1989 Report 2004 and 2005 (DfES, 2006)
This report describes a period of intense activity as Government and partners worked hard to make a reality of the vision for children's services set out in Every child matters: change for children (December 2004) and the children act.
Adoption and Children Act 2002
On 30 December 2005 the Adoption and Children Act 2002 was fully implemented. It represents the most radical overhaul of adoption law for 26 years, replacing the outdated Adoption Act 1976 and modernising the entire legal framework for domestic and intercountry adoption. Local authorities and voluntary adoption agencies must comply with the new provisions.
Education Act 2002
The Education Act 2002 included a provision (section 175) requiring school governing bodies, local education authorities and further education institutions to make arrangements to safeguard and promote the welfare of children.
Sexual Offences Act 2003
The Sexual Offences Act 200323 was introduced to update the legislation relating to offences against children. It includes the offences of grooming, abuse of position of trust, trafficking, and covers offences committed by British citizens whilst abroad. It also updated the Sex Offenders Act 1997 to strengthen the monitoring of offenders on the sex offenders’ register.
Children Act 2004
The Government’s response to the 2002 Victoria Climbié Inquiry report was the Every Child Matters programme, which in turn led to the Children Act 2004.
Children Act 2004 summary (DfES, 2004)
For a detailed legal account of what the Act does, copies of the Explanatory Notes and the Act itself are available from the Stationery Office. A full text of both is available at www.hmso.gov.uk/acts.htm. This is a brief account of the key parts of the Act that specifically relate to the Change for Children programme in England.
Adoption and Children Act 2006
Includes several provisions relating to intercountry adoption and adds to the safeguards for intercountry adoption already provided by the Adoption and Children Act 2002.
Safeguarding Vulnerable Groups Act 2006
This Act legislates for the establishment of a new centralised vetting and barring scheme for people working with children.
What to do if you're worried a child is being abused (DCSF, 2006) What to do if you're worried a child is being abused - summary (DCSF, 2006)
This practice guidance has been developed to assist practitioners to work together to promote children’s welfare and safeguard them from harm. It is for anyone whose work brings them into contact with children and families, but particularly those who work in social care, health, education and criminal justice services.
Every Child Matters (DfES, 2004)
This Green paper was part of the Government's response to the inquiry into the death of Victoria Climbié. It outlines plans to improve the services supporting children from all backgrounds, looking at how such a framework will be able to help those most at risk.
NSF - executive summary (DoH, 2004)
This is an executive summary of the national service framework for children, young people and maternity services. It is a 10-year programme intended to stimulate long-term and sustained improvement in children’s health.
CAF Practitioners Guide (DfES, 2006)
This guide is for any practitioner who wants to know about the Common Assessment Framework for children and young people (CAF), and when to use it.
Working Together to Safeguard Children (DfES, 2006)
This document sets out how organisations and individuals should work together to safeguard and promote the welfare of children. It is addressed to practitioners and front-line managers who have particular responsibilities for safeguarding and promoting the welfare of children, and to senior and operational managers in organisations that provide services for children.
Safeguarding children and safer recruitment in education (DfES, 2006)
This document sets out the responsibilities of all local authorities, schools and Further Education (FE) colleges in England to safeguard and promote the welfare of children and young people. It sets out recruitment best practice, some underpinned by legislation, for the school, local authority, and FE education sectors. This guidance is also relevant for supply agencies which supply staff to the education sector, contractors who work in education establishments responsible for under 18s, as well as other providers of education and training for those under 18 funded by the Learning and Skills Council (LSC). The document also details the process for dealing with allegations of abuse against staff.
Safeguarding children in whom illness is fabricated or induced (DH, 2002)
A national framework within which agencies and professionals at a local level can agree their own more detailed ways of working together where illness may be being fabricated or induced in a child by a carer who has parenting responsibilities.
