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 main legislation, national guidelines and organisational policies that guide safeguarding practice, mainly in England. Wales, Scotland and Northern Ireland have their own laws and guidance, so check the rules where you work. 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 strengthened the duties on local authorities and other named agencies to work together and to safeguard and promote the welfare of children. See the Children Act 2004 on legislation.gov.uk. 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. The barring scheme is now run by the Disclosure and Barring Service (DBS), set up under the Protection of Freedoms Act 2012. Check the current DBS guidance on GOV.UK. In England and Wales it is an offence for a barred person to seek, offer or take part in regulated activity from which they are barred, including activity with children or vulnerable groups. See section 7 on legislation.gov.uk.
Working Together to Safeguard Children (Statutory Guidance)
This statutory guidance for England is issued by the Department for Education and is updated from time to time. Check the latest edition of Working together to safeguard children on GOV.UK. 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)
In England and Wales this places duties on local authorities, and on the governing bodies of maintained schools and further education colleges, to make arrangements to safeguard and promote children’s welfare. See section 175 on legislation.gov.uk.
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
Part 3 of this Act sets out support for children and young people in England with special educational needs or disabilities. The duty to make reasonable adjustments comes from the Equality Act 2010.
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 providers of regulated online services to manage the risks of illegal content and content that is harmful to children. See the Online Safety Act 2023 on legislation.gov.uk. 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:
- Help and support for children and families at the right time, including early support (check the current Working together guidance for the latest terms)
- Referrals to children’s social care
- Assessments under the Children Act 1989
- Child protection conferences
- Inter-agency cooperation
Keeping Children Safe in Education
This statutory guidance for schools and colleges in England is reviewed regularly. Check the current version of Keeping children safe in education on GOV.UK. 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 England, local safeguarding partners (the local authority, health and police) agree multi-agency safeguarding arrangements for their area. Other UK nations have different arrangements. See Working together to safeguard children.
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
Safeguarding training should be kept up to date, and your organisation’s policy will set how often it is refreshed. Check what your organisation requires and the current statutory guidance for your setting, for example Keeping children safe in education for schools and colleges in England. 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.