2.2 Explain why it is important that effective practice should inform and drive the legislative framework for work with children and young people

This guide will help you answer 2.2 Explain why it is important that effective practice should inform and drive the legislative framework for work with children and young people.

Working with children and young people involves rules, policies and laws that protect their welfare and promote their development. Laws are often written to reflect recognised standards and values in society. These should be based on what works well in practice, not only on theory or political opinion. Effective practice means approaches that have been proven to help children and young people thrive. When laws are shaped by this kind of practice, they are more likely to make a positive difference.

Legislation that is informed by strong practice gives workers clear guidance and helps create consistent standards. It keeps the focus on children’s needs and rights rather than organisational convenience. It also supports practitioners to make decisions with confidence.

Linking Practice to Law

When practice is strong, it already recognises the needs of children and young people. By studying what good practitioners do, lawmakers can see how to create rules that support these methods. This means laws are not disconnected from the realities of everyday work.

The link between practice and law allows:

• Laws to reflect the realities of the role
• Policies to address real issues faced by children
• Standards to be achievable and relevant in everyday settings

Without informed legislation, practitioners may be directed to follow processes that are unrealistic or ineffective.

Evidence-Based Decision Making

Effective practice is supported by evidence. That evidence may come from research, inspection reports, case studies or feedback from children and families. This evidence should guide the legislative framework so that it supports approaches that are proven to work.

Benefits of using evidence from practice include:

• Reducing guesswork in policy making
• Avoiding outdated or ineffective rules
• Promoting approaches that meet children’s needs in a measurable way

Evidence-based legislation also makes it easier for practitioners to explain and justify their actions.

Consistency Across Settings

When legislation is driven by effective practice, there is greater consistency across settings such as nurseries, schools, youth centres and care homes. This consistency protects children and young people by ensuring they receive similar care and support regardless of where they are.

Effective practice supports consistency in:

• Safeguarding procedures
• Standards of care and education
• Behaviour management strategies
• Inclusion and equality measures

Children’s needs do not change drastically from one setting to another. Creating laws based on what works ensures that consistent approaches are taken across the board.

Protecting Rights and Welfare

Children’s rights are set out in international agreements like the United Nations Convention on the Rights of the Child. Effective practice often reflects these principles and turns them into practical actions. If legislation is based on that practice, it strengthens the protection of rights and welfare in day-to-day work.

For example:

• Practice might show that listening to children’s views improves their wellbeing
• Law can then require that settings actively seek and act upon these views
• This ensures that every child, regardless of background, benefits from the same rights

Protecting welfare through legislation ensures that no setting can overlook important issues such as safeguarding, child development or emotional support.

Meeting Diverse Needs

Children and young people vary greatly in their experiences, abilities and backgrounds. Effective practice provides strategies to meet those needs. When lawmakers take this into account, the legislative framework becomes relevant to a wider range of situations.

Examples include:

• Recognising SEND (Special Educational Needs and Disabilities) in legislation based on proven inclusive practice
• Supporting bilingual children through legal requirements for linguistic inclusion
• Providing laws that help practitioners support those from different cultural backgrounds

By following what works in practice, laws can reflect diversity and prevent discrimination.

Responding to New Challenges

Practitioners often face emerging challenges such as online safety risks or changes in family structures. Through reporting and sharing what works, practice can evolve quickly to address these. Lawmakers can then use this information to create or amend legislation that supports practitioners in dealing with these challenges.

Real-life examples:

• Online safeguarding measures derived from practice and then incorporated into statutory guidance
• Increased focus on mental health support based on practitioners’ success in managing emotional wellbeing

The legislative framework should have the ability to adapt to these findings rather than remain static.

Supporting Professional Accountability

When laws are informed by effective practice, they provide clear benchmarks for accountability. Workers understand what is expected of them and can demonstrate that they are meeting these standards. This protects both the worker and the children.

Accountability measures supported by practice-based laws include:

• Regular training requirements
• Detailed safeguarding protocols
• Systems for reporting concerns to external agencies

Workers can be confident in their responsibilities, knowing they are based on proven approaches.

Encouraging Continuous Improvement

Legislation informed by effective practice promotes ongoing improvement. It can require settings to review their procedures regularly, promote professional development and assess outcomes for children. This creates a cycle of learning and improvement.

Ways to promote continuous improvement through law include:

• Mandatory reflective practice sessions
• Annual reviews of safeguarding policies
• Monitoring the effectiveness of programmes and adapting them

This approach turns legislation into a tool for growth rather than a static document.

Preventing Harm

One of the main aims of working with children and young people is to prevent harm. Effective practice highlights risks and ways to reduce them. Law can then make those practices mandatory. This means children are protected regardless of the competency or awareness of individual workers.

Examples:

• Risk assessment routines that are proven effective in settings
• Mandatory training on recognising signs of abuse
• Legal requirements for background checks on all staff

When harm prevention techniques are embedded in law, they become part of standard practice everywhere.

Real-World Examples of Practice Driving Law

There are several examples in England where practice has directly influenced law.

• Safeguarding training content developed by practitioners later became part of statutory guidance
• Early years developmental checks were shaped by existing successful approaches in nurseries
• Homework policies in schools were adapted after feedback from teachers and parents

In these cases, law benefited from practice because lawmakers listened to those who were directly involved in the work.

Avoiding Ineffective Policies

When law is created without reference to effective practice, it can lead to unhelpful or even harmful requirements. Practitioners may be forced to follow procedures that do not make sense in the setting or that waste time without supporting children.

By basing law on practice:

• Policies are realistic
• Rules avoid unnecessary complexity
• Legislation supports rather than hinders good work

This reduces frustration for staff and increases positive outcomes for children and young people.

Encouraging Practitioner Voice

Effective practice can only influence law if practitioners share their experiences and successes. This means workers must be encouraged to contribute to policy consultations, reports, inspections and professional networks. Lawmakers gain valuable insight from those working directly with children.

Benefits of practitioner input:

• Legislators get a better picture of challenges and successes
• Laws can reflect the everyday demands of the role
• Worker motivation increases when their input shapes national policy

Participation in these processes strengthens both practice and law.

Maintaining Trust in the System

Families need trust in the agencies and professionals working with their children. When law is based on proven effective practice, parents and carers have greater confidence. They know that rules are not random but grounded in what helps children grow and stay safe.

Maintaining trust involves:

• Transparency in how laws are formed
• Clear communication about the benefits of legal requirements
• Demonstrating positive outcomes from law-based practice

Trust leads to stronger relationships between families and practitioners.

Improving Outcomes for Children and Young People

The ultimate measure of success for any legislative framework is whether it improves the lives of children. Effective practice already aims for this, so building legislation on it increases the chance of achieving these goals.

Improvement can be seen in:

• Enhanced learning and development
• Better emotional wellbeing
• Stronger safeguarding outcomes
• Greater inclusion and equal opportunities

Law that reflects proven methods supports these improvements across the country.

Final Thoughts

The link between effective practice and legislation is vital for creating a system that genuinely supports and protects children and young people. Practice provides the tested methods, while legislation gives these methods the force of law so they apply everywhere. Without this connection, laws risk being unrealistic and ineffective.

By observing what works in settings, listening to practitioners and responding to evidence, lawmakers can create rules that match the real needs of children and young people. This creates inclusive, safe environments where rights are respected and opportunities for growth are increased. Effective practice should drive legislation so that guidance is supported by reality and leads to measurable improvements in children’s lives.