1.1. Identify the current legislation, guidelines, policies and procedures for safeguarding the welfare of children and young people including esafety

This guide will help you answer 1.1. Identify the current legislation, guidelines, policies and procedures for safeguarding the welfare of children and young people including esafety.

Safeguarding is about protecting the health, safety and well-being of children and young people. It involves recognising risks, preventing harm, and acting quickly to protect those who are vulnerable. Legislation, guidelines, policies and procedures set out clear duties for all who work with children. These are shaped by law and must be followed in every childcare setting. Safeguarding includes e-safety which means keeping children safe when they use technology and the internet.

This guide sets out the current legislation, national guidelines and organisational policies that guide safeguarding practice in the UK. It will show how these work together to protect children in physical spaces and online.

Current Safeguarding Legislation in the UK

Legislation provides the legal framework for safeguarding work. Every childcare worker must follow the law in their role.

Children Act 1989 and Children Act 2004

The Children Act 1989 outlines the duty to promote the welfare of children and keep them safe from harm. It defines parental responsibility, and the legal powers of local authorities to protect children. It sets out that the child’s welfare is the top priority in all decisions.

The Children Act 2004 builds on the 1989 Act. It introduced the Every Child Matters framework and made safeguarding everyone’s responsibility. Section 11 places duties on organisations to safeguard and promote welfare.

Safeguarding Vulnerable Groups Act 2006

This Act established the framework for checking people who work with children. This led to the Disclosure and Barring Service (DBS). The Act makes it an offence for barred individuals to work with children or vulnerable groups.

Working Together to Safeguard Children (Statutory Guidance)

This document is issued by the Department for Education. It explains how agencies must work together to keep children safe. It gives detailed expectations for schools, childcare providers, police, health services and social care. It sets out how to identify abuse, make referrals, and share information.

The Education Act 2002 (Section 175)

This places a duty on educational settings, including nurseries attached to schools, to safeguard and promote the welfare of children. Governing bodies must have clear procedures in place.

The Data Protection Act 2018 and UK GDPR

These laws control how personal information is handled. They affect safeguarding by requiring staff to keep children’s information safe and private. Only authorised people should access files. Secure storage and proper disposal of records are required.

Children and Families Act 2014

This Act includes measures to protect children with special educational needs and disabilities. Safeguarding must include making reasonable adjustments to keep them safe.

Domestic Abuse Act 2021

This law recognises children as victims if they see, hear or experience the effects of domestic abuse. It strengthens protection and support.

Online Safety Act 2023

This Act places duties on technology companies to protect children from harmful online content. It requires stronger monitoring of online platforms. Workers in childcare must understand how this law helps to protect children online.

National Guidelines for Safeguarding

Guidelines explain how to put legislation into practice. They are not laws but are treated as required standards.

Working Together to Safeguard Children

As a statutory guidance document, this sets out multi-agency responsibilities. It explains how to assess risk, respond to safeguarding concerns, and coordinate support.

It covers:

• Early help for children at risk before harm occurs
• Referrals to children’s social care
• Assessments under the Children Act 1989
• Child protection conferences
• Inter-agency cooperation

Keeping Children Safe in Education

This guidance is updated each year for schools and early years settings. It sets out what all staff should know, including signs of abuse and how to respond.

It covers:

• Types of abuse and neglect
• Safeguarding children with SEND
• Safer recruitment practices
• Managing allegations against staff

Local Safeguarding Partnerships

In each local authority area, safeguarding guidelines are coordinated by local partnerships that include health, police and social care. They provide local procedures and training.

Organisational Policies and Procedures

Every childcare setting must have safeguarding policies that explain how staff respond to concerns. Workers must know these policies and follow them exactly.

Child Protection Policy

This sets out:

• How to recognise signs of abuse
• The steps to take if a child reveals harm
• How to record and report concerns
• Immediate action in emergencies

Whistleblowing Policy

This allows workers to report unsafe practice or concerns about staff behaviour without fear of punishment.

Safer Recruitment Policy

This ensures that all staff and volunteers are properly checked before working with children. This includes DBS checks and references.

Confidentiality Policy

This guides how information is stored, shared and protected. It prevents unauthorised access to sensitive data.

E-safety Policy

This deals with safeguarding in the online environment. It covers:

• Supervising internet use
• Using content filters
• Teaching children safe online behaviour
• Responding to cyberbullying
• Guidance for safe use of social media

E-safety in Safeguarding

E-safety means protecting children from online harm. Risks include cyberbullying, grooming, exposure to harmful content, and exploitation.

Staff must follow e-safety policies and teach children safe behaviours. This can include:

• Not sharing personal details online
• Using strong passwords
• Understanding privacy settings
• Knowing how to block or report harmful contact

Key Laws in E-safety

• The Online Safety Act 2023
• Malicious Communications Act 1988
• Sexual Offences Act 2003 (covers online exploitation)
• Protection of Children Act 1978 (illegal images)

Practical E-safety Procedures

• Keep devices in safe areas where supervision is possible
• Use parental controls on computers and tablets
• Train children to tell an adult if something online makes them feel uncomfortable
• Follow agreed rules for technology use

Responsibilities of Workers

Workers must follow both law and internal policy. This means knowing what legislation says, understanding signs of harm, and reporting concerns to the right person quickly.

Key responsibilities are:

• To protect children from harm
• To act without delay when concerns arise
• To record information accurately and factually
• To keep all information secure
• To work with other agencies when needed

Recognising and Responding to Abuse

Legislation and procedures prepare staff to notice abuse and take the right action. Abuse can be:

• Physical abuse
• Emotional abuse
• Sexual abuse
• Neglect

Signs can include unexplained injuries, sudden behaviour changes, poor hygiene, or fear of certain people. Online abuse may show in withdrawal, excessive time on devices, or secrecy about online activity.

When abuse is suspected:

• Tell the designated safeguarding lead (DSL)
• Do not promise secrecy to the child
• Write a clear factual record
• Follow organisational reporting steps

Recording and Sharing Information

Recording procedures support safeguarding actions. Information must be:

• Dated and signed
• As factual as possible
• Stored securely
• Shared only with authorised individuals or agencies

Laws like the Data Protection Act 2018 regulate how this happens.

Multi-Agency Working

Legislation expects professionals to work together. This means sharing information with health workers, police, education, and social care when it safeguards a child.

Working together leads to earlier identification of risks and quicker intervention.

Training and Development

Policies often require staff to attend safeguarding training every year. This helps keep knowledge up to date with changes in law and guidance.

Training can cover:

• Signs of abuse
• How to report concerns
• E-safety risks and prevention
• Legal updates

Final Thoughts

Safeguarding legislation and guidance create a clear structure for protecting children and young people. Every worker plays an active part in this process. Laws like the Children Act 1989 and the Online Safety Act 2023 set out duties, while national guidance like Working Together to Safeguard Children shows how to carry those duties out. Policies within organisations then make this practical, with clear steps staff follow.

E-safety is now a key part of safeguarding. Children live in a world where technology is part of everyday life. Protecting them online is just as important as protecting them in physical environments. Knowing the law, following guidance, and keeping skills up to date will help every childcare worker meet their responsibilities. This protects children, supports families, and maintains trust in the care setting.