Safeguarding the welfare of children and young people 1

Guidelines and Legislation and how they affect the day to day work with young children

a.       The Children Act 1989

The main point of this act is that the welfare of children is paramount. It is the first document that introduces the concept of parental responsibility instead of parental rights. It is the duty of local authorities to identify, safeguard and promote child welfare and provide services. However, courts have to consider all factors before reaching decisions as orders should only be made if it is better for the child. The act also recognises the importance of early recognition of problems as a delay can adversely affect the child’s welfare.

b.      The Education Act 2002

As teachers and school staff have a day-to-day relationship with the pupils, they are able to recognise any signs of abuse, neglect or developmental delay. Following the tragic case of Lauren Wright (who was physically abused by her stepmother, ending in her death), the new act made schools and Local Authorities responsible for the safeguarding and welfare of children. Teachers need to have training on how to recognise the signs of child abuse and neglect and report their concerns to the designated teachers who can give guidance and advise colleagues on suspicious cases. If it is necessary, Local Authorities also have to be informed. (Fiddy, n.d.)

c.       The Children Act 2004

This act made the guidelines of Every Child Matters a legal requirement, setting out the process for providing services to children so that every child can achieve the five outcomes described in EMC: be healthy, stay safe, enjoy and achieve, make a positive contribution, achieve economic well-being. The post of Child Commissioner was introduced and local authorities are required to lead a multi-agency co-operation, sharing a database of children containing information about their welfare. It puts emphasis on ascertaining children’s wishes and promotes the educational achievement of looked-after children.

d.      Working Together to Safeguard Children 2006/2010

The act describes how individuals and organisations should work to together to ensure the welfare of children and young people. It details the roles and responsibilities of agencies involved and introduces the Local Safeguarding Children Boards. The requirements for training, development and supervision for inter-agency working were set out as well as the process of managing individual cases where there are concerns about a child’s safety and welfare. A guidance about child death review processes and serious case reviews are also included.

e.       Health and Safety at Work Act 1974

It contains guidelines and procedures for a safety policy at a workplace. The employer’s responsibilities include regular and thorough risk assessments in order to identify hazards. They are also required to provide proper equipment for the work and maintain it on a regular basis. The employees are required to follow safety procedures and attend training, as well as report any hazards they notice and work safely.

All these legislations are based on the principle that the welfare of the child is the most essential consideration. Children are best cared for within their own families and the state should not intervene in family life only if it the only solution to prevent abuse and neglect against the child. Local Authorities are supposed to work in partnership with the families when ensuring child safety and welfare and must have regard for the child’s and their family’s racial origin, cultural and linguistic background and religious persuasion.

Reference list

Fiddy, Alison n.d., Education Act 2002: Safeguarding and promoting the welfare of children, accessed 27/10/2013, < http://www2.essex.ac.uk/clc/hi/childright/article/189/cR189_3.doc>