What Does The Law Say

All Wales School Liaison Core Programme

Safeguarding Children and Young People

Safeguarding refers to protecting children from abuse and preventing harm to their health or development.

It aims to ensure that they grow up in safe environments that will allow their development and wellbeing.
What does ‘Safeguarding’ protect your child from?
How can I Understand the Terminology Used?

Who is a child?

All children and young people up to the age of 18 years old.

Who is a vulnerable adult?

Any adult aged 18 years and over who, by reason of mental or other disability, age, illness or other situation is permanently or for the time unable to take care of themselves or protect themselves from significant harm or exploitation.
What is the Difference between Safeguarding and Child Protection?

Child protection looks at recognising abuse and neglect and acting upon it.

Safeguarding looks at keeping children and young people safe from harm and looks at preventative action.

The Children Act 1989 defines “harm” as ill-treatment (including sexual abuse and non-physical forms of ill-treatment) or the impairment of health (physical or mental) or development (physical, intellectual, emotional, social or behavioural) (section 31).
Defining Safeguarding
The definition used by Ofsted derived from The Children Act, 2004:
protecting children and young people from maltreatment
preventing impairment of children and young people’s health or development
ensuring that children and young people are growing up in circumstances consistent with the provision of safe and effective care
undertaking that role so as to enable those children and young people to have optimum life chances and to enter adulthood successfully.
What does the Law say? The Legislative Framework.

There is no one single piece of legislation that binds safeguarding together. The legislation below forms the main body for ‘Safeguarding’:
Children Act 1989
Children Act 2004
Protection of Children Act 1999 (POCA)
Police Act 1997
Criminal Justice and Court Services Act 200
Human Rights Act 1998 and UNCRC
Disability Discrimination Act 1995
Rehabilitation of Offenders Act 1974
Health and safety at Work Act 1974
Sex Offender Act 1997
Sex offenders Act 2003
Data Protection Act 1984 and 1998
Safeguarding Vulnerable Groups Act 2006
Education Act 2002
Equality Act 2010
Ensuring your child is safe in school.
Schools have the following in place to protect your child:
have a child protection policy and procedure in place
operate safe recruitment procedures and ensure DBS checks are carried out
have a procedure for allegations of abuse made against staff and volunteers
have a senior member of staff designated to be the lead on safeguarding issues
This helps to ensure that:

Both children and adults in school are safe, valued, respected and listened to. They will be encouraged to talk and opinions will be shared and valued.
Ensuring your child is safe outside school

Child Sex Offenders Disclosure Scheme

Any member of the public can approach participating police forces to apply, under the Child Sex Offenders Disclosure Scheme, for information regarding a specific person who has contact with a child(ren). The police will process the application, but disclosure is not guaranteed. An investigation may take place to find out if the person they are asking about has a known history that means they might be of risk to children.

Third parties with concerns (e.g. grandparents or neighbours) about an individual who has contact with children are also invited to use the scheme. However, where appropriate, disclosure will only be given to parents and guardians or those best placed to protect a child.

Information about disclosure must be treated as confidential. It is only being given so that steps can be taken to protect children. Applicants must not share this information with anyone else unless they have spoken to the police, or the person who gave them the information, and the police have agreed that it can be shared. In considering disclosure, all relevant persons will be informed.
The current child protection system is based on the Children Act 1989

It introduced the concept that a child’s welfare is paramount when making any decisions about a child’s upbringing.

It established parental responsibility which is defined as “the rights, duties, powers and responsibilities which by law a parent of a child has in relation to the child and his property” (Section 3).
Organisations and agencies charged with specific responsibilities

Local authorities have a duty to provide “services for children in need, their families and others” (section 17).

The NSPCC has “authorised person status” which means the NSPCC has the power to apply directly for a court order if it believes a child is suffering or likely to suffer significant harm.

(Section 31 of the Children Act 1989)
The key principles that underpin work with
children and families are found in the
UN Convention on the Rights of the Child,
which the Welsh Government adopted as the basis
for its work with all children and families in Wales
In Children and Young People: Rights to Action 2004 the Welsh Government established 7 core aims through which it would work to ensure all children:
Have a flying start in life
Have a comprehensive range of education and learning opportunities
Enjoy the best possible health and are free from abuse, exploitation, and victimisation
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 a community which supports physical and emotional well being
Are not disadvantaged by poverty.
All organisations and agencies working with children now work to achieve these core aims.
The Welsh Government have based their 7 core aims on the United Nations Convention on the Rights of the Child (UNCRC)
The United Nations Convention on the Rights of the Child 1989
www.uncrcletsgetitright.co.uk

There are 54 articles in the Convention which set out how children should be treated.

It includes:
the right to protection from abuse
the right to express their views and have them listened to and
the right to care
the right to services for disabled children or children living away from home.
Children are entitled to their rights