Legislation and Safeguarding

When considering the welfare of children there are several pieces of legislation that should be taken into account, as well as your own organisation’s policies and procedures and ways of working.

The Children Act 1989

Legislation written to protect the welfare of children who are at risk and also children who may be in need of services. This tells you exactly what you need to do if you suspect a child or young person is at risk of harm or in need of support. www.legislation.gov.uk/ukpga/1989/41/contents

The Children Act 2004

This act covers services that children and young people may access. It places duty on Local Authorities and their partners to cooperate and make sure that services work together and (where possible) have a joint plan developed in partnership with the parents, children and young people. This is known as the Common Assessment Framework (CAF). The act also encouraged the establishment of local Safeguarding Children Boards and joint databases. www.legislation.gov.uk/ukpga/2004/31/contents

The Sexual Offences Act 2003

This act has two parts, the first one stating what is considered as a sexual offence, incuding physical and non-physical contact. The Act also defines sexual offences against children under 13 and under 16. The age of consent is set at 16. If you hold a position of trust in relation to the young person, for example as their worker, teacher, trainer the age of consent is 18. The second part of the act deals with sex offenders register and civil protective orders. www.legislation.gov.uk/ukpga/2003/42/contents

The Care Act 2014

The act brings the care and support legislation together into a single act with new wellbeing principles at its heart. Although the Care Act is meant for adults in need of support and their carers it also makes some provisions for children and young carers. Children who care for their parents in their own home are being made part of their parent’s needs assessment in order to establish the support and help they need. http://www.legislation.gov.uk/ukpga/2014/23/contents/enacted

The Children and Families Act 2014

The act aims to provide young carers with the same help and support as adult carers. All carers with the same help and support as adult carers. All carers under the age of 18 have the right to have their support needs assessed and local authorities will help them caring for a family member as best as they can. http://www.legislation.gov.uk/ukpga/2014/6/contents/enacted

Use to answer question 11.6 i of the Care Certificate

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