1.1 Explain how current and relevant legislation and policy affects work with children and young people

This guide will help you answer 1.1 Explain how current and relevant legislation and policy affects work with children and young people.

Working with children and young people in England is shaped by legislation and national policy. These laws set clear expectations for how services should operate. They aim to protect children, uphold their rights and support their welfare. Staff must know these requirements and put them into practice every day.

Legislation has a direct effect on how you plan activities, communicate with families and manage incidents. It often influences how organisations train staff, develop procedures and monitor performance. Understanding the purpose of each law helps workers apply it appropriately in different situations.

The Children Act 1989

The Children Act 1989 is one of the main laws relating to children in England. It sets out the duty to promote the welfare of children and to safeguard them from harm. It introduced the idea that the child’s welfare is the main consideration in all decisions made about them.

Key points:

Supports the concept of parental responsibility
Gives local authorities duties to investigate situations where a child may be at risk
Sets standards for court decisions involving children

In practice, this means workers must always think about what is best for the child in their care. You must follow safeguarding procedures if a child appears to be in danger or neglected. This law guides how you record concerns and pass them to managers or safeguarding leads.

The Children Act 2004

This Act built on the 1989 Act following recommendations after high-profile child protection failures. It introduced structures to improve coordination between agencies. Every Child Matters was the associated policy focusing on outcomes for children.

It affects work by requiring:

Partnership between health, education, social care and police
Local Safeguarding Children Boards (now replaced by Safeguarding Partnerships)
A lead person in each local area for children’s services

It encourages early help for families and clearer accountability. Workers must cooperate with other professionals to meet a child’s needs. Information sharing protocols are a direct result of this Act.

Working Together to Safeguard Children Guidance

This is a statutory guidance issued under both Children Acts. It sets out how organisations and individuals should work together to safeguard and promote the welfare of children.

It shapes practice by:

Defining child protection processes
Providing thresholds for action
Explaining information sharing rules
Highlighting the need for training and supervision

This guidance means you must act promptly if concerns arise. You must follow agreed referral routes. It also makes clear your duty to work with other agencies and attend child protection meetings.

Data Protection Act 2018 and UK GDPR

This law governs how personal data is collected, stored and shared. For children and young people’s services, this covers names, addresses, health records, education records and other sensitive information.

Impact on practice:

You must keep records secure
Only authorised staff can access information
You must explain to families how their data will be used
Requests to access personal data must be handled according to procedures

Breaches can lead to legal action against the organisation or individual. Training in confidential handling of information is linked to compliance with this Act.

Equality Act 2010

The Equality Act prohibits discrimination based on factors such as age, disability, race, religion, sex, sexual orientation and gender reassignment. Services working with children must promote equality.

Effects on day-to-day work:

Activities must be inclusive
Premises should be accessible to all children
Policies must address bullying and discrimination
Recruitment and training must be fair

It also supports positive action so that barriers faced by disadvantaged groups can be reduced. Workers must challenge discriminatory behaviour among children, staff or visitors.

Education Acts

Various Education Acts affect how schools and childcare settings operate. They cover compulsory school age, curriculum requirements and safeguarding in education.

Examples of effects:

Safeguarding in education settings must follow statutory guidance such as Keeping Children Safe in Education
Staff must have Disclosure and Barring Service checks before working directly with children
Attendance and truancy procedures must follow set legal requirements

These Acts ensure children have access to quality education and support.

Children and Families Act 2014

This Act focuses on support for children with special educational needs and disabilities. It replaced Statements with Education, Health and Care Plans (EHCPs) and sought to give families more say.

Impact on your work:

You must listen to children and families when creating support plans
You work with other professionals to meet needs identified in an EHCP
Plans must be reviewed regularly and goals updated

It also introduced changes to adoption and family justice systems. Workers involved in these processes must follow the timelines and standards set out.

Safeguarding and Child Protection Policies

Legislation is put into practice through policies within your organisation. These explain the steps to take when concerns arise, the forms to use, and who to contact.

Policies often include:

Definitions of abuse (physical, emotional, sexual, neglect)
How to recognise signs
Procedures for allegations against staff
Contact details for local safeguarding authorities

Following policies closely is a legal expectation. Ignoring them can lead to disciplinary action or prosecution.

Health and Safety Legislation

The Health and Safety at Work Act 1974 and related regulations affect all workplaces. In children’s settings, they ensure environments are safe.

Impact on work:

Risk assessments must be carried out for activities and areas
Hazards must be removed or reduced
Emergency procedures must be known by all staff
Suitable equipment must be provided and maintained

Young children are more vulnerable to accidents, so safety checks must be thorough and regular.

The UN Convention on the Rights of the Child (UNCRC)

Though not directly a UK law, the UNCRC influences policy. It sets out children’s rights to survival, development, protection and participation. Many UK laws aim to meet these rights.

Examples in practice:

Listening to children’s opinions
Providing safe and caring environments
Access to health and education
Non-discrimination

Workers should aim to respect these rights in all actions and decisions.

How Legislation Shapes Daily Practice

Legislation gives clear requirements but also leaves room for professional judgement. It affects staffing levels, training content, building design, outdoor activity rules, and behaviour management policies.

Examples:

Laws on data protection affect how you store children’s photographs
Health and safety rules affect how you plan a trip
Safeguarding laws affect how you respond to a disclosure from a child
Equality laws affect how you design holiday activities to suit all abilities

These requirements are not optional. They must be embedded in the culture of the setting.

Staying Up to Date

Legislation can change when new concerns arise in society or when existing systems fail. Workers should attend regular training and review policy updates.

Ways to stay informed:

Attend meetings where policy updates are shared
Read bulletins from government or regulators
Check revised statutory guidance
Take part in refresher safeguarding training

If you are unaware of a change, you might act outside the legal framework and put children at risk.

Linking Policy to Individual Needs

National laws set broad requirements. Local policies interpret these for specific communities. You must apply both to meet individual needs.

For example:

National equality law will require inclusion
Local SEND policy might explain how your setting supports children with autism
National safeguarding law will require action on abuse concerns
Local safeguarding procedures will set the referral pathway

By understanding the link between law and local procedure, you can make sure children get the right support.

Final Thoughts

Legislation and policy exist to keep children safe, healthy and included. They guide workers, improve practice standards and hold organisations accountable. Knowing the key laws helps you make decisions that protect welfare and rights.

In your daily role, every action should reflect legal and policy duties. That includes recognising signs of harm, recording information accurately, treating all children fairly and maintaining safety in all activities. By consistently applying the relevant legislation, workers create environments where children can thrive securely and confidently.