1.1 Outline current legislation, guidelines, policies and procedures within Home Nations affecting the safeguarding of children and young people

This guide will help you answer 1.1 Outline current legislation, guidelines, policies and procedures within Home Nations affecting the safeguarding of children and young people.

Safeguarding means protecting children and young people from harm, abuse, neglect and exploitation. In the UK it is shaped by a set of laws, government guidance and local organisational procedures. All professionals working with children, including teaching assistants, must work within these rules. Each part of the UK has its own legislation and guidance, but there are common principles that run throughout.

This guide covers the most relevant laws and procedures for England, Scotland, Wales and Northern Ireland.

England

Children Act 1989 and Children Act 2004

The Children Act 1989 created a legal framework that puts the welfare of the child first. It makes it clear that local authorities have a duty to safeguard children and, where necessary, take them into care. It describes what to do if a child is at risk of significant harm.

The Children Act 2004 built on this. It introduced measures to improve coordination between agencies. This Act was influenced by the Every Child Matters programme, which identified five key outcomes for children: to be healthy, stay safe, enjoy and achieve, make a positive contribution and achieve economic wellbeing.

Working Together to Safeguard Children (Statutory Guidance)

This guidance was most recently updated in 2018. It explains how organisations and agencies should work together to safeguard and promote the welfare of children. It sets out clear expectations for information sharing, joint working and specific actions to take if a child is at risk of harm.

It applies to all schools and staff. If you work in a school you must follow its rules for reporting concerns, and these must align with this guidance.

Keeping Children Safe in Education (Statutory Guidance)

This is guidance for schools and colleges in England. It covers how to prevent safeguarding issues, how to spot signs of abuse, and the correct way to report concerns. It also covers safer recruitment to prevent unsuitable people working with children.

It makes it a legal requirement for all school staff to receive safeguarding training. Staff must understand the signs of abuse and know who the Designated Safeguarding Lead (DSL) is.

Scotland

Children and Young People (Scotland) Act 2014

This Act promotes child wellbeing through the GIRFEC approach. GIRFEC stands for Getting It Right For Every Child. It focuses on the rights and needs of the child and early intervention if there is a problem.

The Act outlines the role of a Named Person for every child. This role helps coordinate support and share information between services where there is a concern.

National Guidance for Child Protection in Scotland

This guidance was updated in 2021. It gives clear procedures for identifying, responding to and preventing abuse and neglect. It highlights partnership working and the need for proper recording and sharing of information.

It sets out the importance of listening to the voice of the child. Schools must create an environment where children feel able to speak up.

Wales

Social Services and Well-being (Wales) Act 2014

This Act brings together legislation on social services for children and vulnerable adults. It promotes early intervention, prevention and strong multi-agency work.

It gives a duty to report if there is reasonable cause to suspect a child is at risk. All professionals have a legal responsibility to pass on concerns.

Wales Safeguarding Procedures

These procedures came into force in 2019 and replaced older policies. They set out how to safeguard children and adults at risk. The procedures are online and are regularly updated so that staff always use the most current advice.

They give a single framework for safeguarding across Wales, which helps ensure consistency.

Northern Ireland

Children (Northern Ireland) Order 1995

This is similar to the Children Act 1989 in England and Wales. It says the welfare of the child must be the first priority. It requires Health and Social Care Trusts to investigate if a child is at risk.

It outlines parental responsibilities and the powers of authorities to protect children.

Co-operating to Safeguard Children and Young People in Northern Ireland

This is the key policy document in Northern Ireland. It explains the roles of different agencies and sets out a child-centred approach to safeguarding.

It stresses the importance of effective record keeping and information sharing.

Definitions of Abuse

For staff to work effectively under these laws, they need to recognise abuse. Abuse may be:

• Physical abuse – hitting, shaking, burning, poisoning or other physical harm
• Emotional abuse – persistent emotional maltreatment such as humiliation or threats
• Sexual abuse – forcing or enticing a child to take part in sexual activities
• Neglect – persistent failure to meet basic needs like food, shelter, clothing and medical care

Legislation and policies require that any signs of these types of abuse are taken seriously.

Organisational Policies and Procedures

Alongside national laws and guidance, each school or organisation must have its own safeguarding policy and procedure. These local documents will set out:

• The name and role of the Designated Safeguarding Lead (DSL)
• The process for reporting concerns
• How to record safeguarding information securely
• How to handle allegations against staff or volunteers
• Training requirements for all staff

A safeguarding policy will also explain how the setting meets national legal requirements. Staff must read this policy and follow it exactly.

Safer Recruitment Procedures

Legislation and guidance require that schools take steps to prevent unsuitable people from working with children. This includes:

• Advertising jobs with clear safeguarding statements
• Checking identity and qualifications
• Taking up references and checking employment history
• Conducting a Disclosure and Barring Service (DBS) check in England and Wales, or the equivalent in Scotland and Northern Ireland

The aim is to reduce the risk of abuse from within the organisation.

Information Sharing

All Home Nations stress that safeguarding is a shared responsibility. Professionals must share relevant information without delay if a child is at risk.

Policies and procedures will cover:

• What information to share
• Who to share it with
• How to share securely
• Recording the decision to share

Data protection laws do not prevent sharing information where a child is in danger.

Training and Raising Awareness

Every member of staff working with children must receive safeguarding training. This will include:

• Recognising types and signs of abuse
• Knowing the procedures for making a referral
• Understanding their personal responsibility under the law
• How to keep accurate and timely records

Refresher training is important to maintain knowledge.

The Role of Multi-Agency Working

All UK safeguarding laws stress teamwork between agencies. This could include:

• Schools
• Health professionals
• Police
• Social services
• Youth services

Each has different skills and information that can help build a complete picture of the child’s situation.

Whistleblowing and Reporting Concerns About Staff

Laws and policies include protections for people who report concerns in good faith. Whistleblowing procedures allow staff to raise concerns about the practice of colleagues or managers without fear of losing their job.

Staff must report any suspicions about adults working with children to the DSL at once.

Responding to a Disclosure

National guidance makes it clear how to act if a child discloses abuse:

• Listen carefully without prompting or leading questions
• Do not promise to keep the information secret
• Reassure the child they did the right thing by speaking up
• Report to the DSL immediately
• Write an accurate record of what was said, using the child’s own words

Following these steps protects the child and supports any investigation.

The Impact of These Laws and Policies in Education Settings

Putting this legislation and guidance into practice means every school must:

• Have a safeguarding policy approved by governors or trustees
• Appoint and train a DSL
• Provide safeguarding training for all staff
• Keep secure safeguarding records
• Have a code of conduct for staff behaviour
• Promote a safe environment for children

Final Thoughts

Safeguarding is a core part of working with children and young people. The laws, policies and procedures are there to protect lives and promote wellbeing. They are not optional and apply to everyone in a school or childcare role.

The key point is that action must be taken if there are concerns a child may be at risk. Staff must know what to look for, who to tell and how to record it. The protection of the child is the priority across all Home Nations. By following national laws and local policies, education workers play a vital role in keeping children safe.