This guide will help you answer 1.1 Summarise current legislation and guidelines for the safeguarding, protection and welfare of children.
Safeguarding, protecting, and promoting the welfare of children is a crucial aspect of working in the early years sector. Professionals must navigate an extensive array of legislation and guidelines designed to ensure children’s safety. Understanding these legal frameworks is fundamental for any early years practitioner. Below, we’ll delve into the current legislation and guidelines that govern safeguarding.
Key Safeguarding Legislation
Children Act 1989
The Children Act 1989 is a cornerstone piece of legislation in UK child protection. It emphasises the paramountcy of the child’s welfare, meaning that children’s needs must come first. This Act establishes the duty of local authorities to promote the well-being of children and outlines provisions for court orders relating to the protection of children.
Key Principles:
- The child’s welfare is the court’s paramount consideration.
- Children are best cared for within their families, provided it is safe.
- Due consideration must be given to children’s wishes and feelings.
Children Act 2004
Building on its predecessor, the Children Act 2004 introduced measures to reform children’s services. This Act led to the creation of the Every Child Matters framework, highlighting five key outcomes: being healthy, staying safe, enjoying and achieving, making a positive contribution, and achieving economic well-being.
Significant Developments:
- Establishment of the Children’s Commissioner.
- Mandate for Local Safeguarding Children Boards (LSCBs).
- Introduction of information-sharing systems to protect children.
Education Act 2002
While primarily focused on education, this Act has significant implications for safeguarding. It places a duty on schools and educational institutions to safeguard and promote the welfare of children.
Requirements:
- All schools must have procedures for safeguarding children.
- Staff should be trained and aware of safeguarding responsibilities.
Working Together to Safeguard Children 2018
This statutory guidance assists professionals in working together for child protection. It emphasises a multi-agency approach and outlines the roles and responsibilities of practitioners in safeguarding.
Core Components:
- Clarification of roles for local authorities, police, health services, and schools.
- Importance of early intervention and effective information sharing.
- Focus on identifying and managing risk.
Key Guidelines
Keeping Children Safe in Education 2021
This statutory guidance for schools and colleges outlines how to maintain a safeguarding culture within educational settings. All staff should read and understand this document to ensure a consistent safeguarding approach.
Highlights:
- Regular training on safeguarding issues.
- Clear mechanisms for reporting concerns.
- Reinforcement of the role of Designated Safeguarding Leads (DSLs).
Prevent Duty Guidance
The Counter-Terrorism and Security Act 2015 introduced the Prevent duty, which applies to many public-facing organisations, including early years settings. It aims to prevent children from being drawn into terrorism.
Guidance Highlights:
- Promote British values.
- Challenge extremist views.
- Identify and refer children at risk of radicalisation.
Multi-Agency Safeguarding Arrangements
Local safeguarding children partnerships (LSCPs) replaced LSCBs following updates in the Children and Social Work Act 2017. These partnerships work across sectors to protect children, involving local authorities, clinical commissioning groups, and police.
Key Functions:
- Foster collaborative safeguarding practices.
- Produce and share safeguarding policies.
- Monitor and evaluate the effectiveness of local safeguarding practices.
The Role of Ofsted
Ofsted plays a critical role in inspecting and regulating services that care for children and young people. It ensures early years settings comply with safeguarding legislation and guidelines.
Inspection Focus:
- Safeguarding policies and procedures.
- Staff training and competency.
- Safety of the physical environment.
Disclosure and Barring Service (DBS)
The DBS helps employers in England and Wales make safer recruitment decisions. It prevents unsuitable people from working with vulnerable groups, including children.
Key Services:
- Conducts background checks on individuals.
- Issues DBS certificates displaying an individual’s criminal record.
- Maintains barred lists for those unsuitable to work with children.
Training and Awareness
Ongoing training is essential for all staff in early years settings to stay up-to-date with safeguarding practices. It ensures they can identify signs of abuse or neglect and know the correct steps to take.
Training Topics:
- Types of abuse and how to recognise them.
- Legal and professional responsibilities.
- The process of making referrals and working with external agencies.
Conclusion
Having a thorough understanding of the current legislation and guidelines for safeguarding is critical for anyone working with children. These frameworks are in place to ensure the welfare and protection of young people, mandating consistent, informed, and effective action should concerns arise. Early years practitioners must keep updated with changes in legislation and continue developing their skills to contribute to a safe environment for all children.
