4.5 Explain the rights that children, young people and their carers have in situations where harm or abuse is suspected or alleged

This guide will help you answer 4.5 Explain the rights that children, young people and their carers have in situations where harm or abuse is suspected or alleged.

In situations where harm or abuse is suspected or reported, children, young people and their carers have clear rights protected by law and policy. These rights exist to keep individuals safe, to promote fair treatment, and to make sure concerns are dealt with correctly. Understanding these rights helps you support them effectively and work in line with safeguarding standards.

The Right to Be Protected from Harm

Everyone under the age of 18 has the right to be safe from harm. This is set out in the United Nations Convention on the Rights of the Child (UNCRC) and under UK law. Protection means taking action to prevent further harm and making sure the child or young person is in a secure environment.

This right includes:

• Taking immediate action if they are in danger
• Removing them from unsafe situations
• Putting protective measures in place while investigations take place

Professionals have a duty to make sure these rights are not ignored.

The Right to Have Their Views Heard

When a child or young person is involved in a safeguarding case, their wishes and feelings should be listened to. This is not just good practice; it is a legal requirement in many cases under the Children Act 1989 and 2004.

Listening to their views means:

• Giving information in ways suited to their age and understanding
• Allowing them to speak in a safe space, without pressure
• Recording their views accurately
• Taking their opinions into account in decisions affecting them

Children often feel powerless, so giving them a voice helps them feel respected and involved.

The Right to Privacy

Children, young people and carers have a right to confidentiality. Information must be handled securely and shared only with people who need to know in order to protect them or progress the investigation. The Data Protection Act 2018 and UK GDPR set clear rules.

This right means:

• Not discussing the case with unauthorised people
• Using secure storage for written or recorded information
• Avoiding unnecessary sharing of personal details

Confidentiality builds trust, but safeguarding concerns always take priority over privacy if there is a risk of harm.

The Right to be Informed

When concerns are raised, the individual and their carers have the right to know what is happening, unless doing so would place the child or others at greater risk. Being kept informed reduces anxiety and ensures they understand the process.

They should receive:

• Clear explanation of the concerns
• Information about the next steps
• Contact details of the professional handling the case
• Updates on progress where possible

It is important to use straightforward language and avoid jargon.

The Right to an Advocate

Children and young people have the right to have an advocate – someone independent to represent their views and interests. This is especially important if they find it hard to speak up for themselves or if there is a conflict between their views and those of others.

An advocate can:

• Attend meetings
• Speak on their behalf
• Help them understand their rights and options

Local authorities are responsible for arranging advocacy services in certain cases.

The Right to Support Services

When harm or abuse is suspected or confirmed, both the individual and their carers have the right to access support. This could be emotional help, practical assistance, or specialist services.

Support services may include:

• Counselling or therapy
• Medical treatment
• Housing support if needed
• Advice services for legal or financial matters

Providing the right support helps recovery and reduces the chance of further harm.

The Right to Fair Treatment

Investigations must be handled fairly and without discrimination. This means every child, young person and carer is treated equally regardless of their background, ethnicity, religion, gender, disability, or sexuality.

Fair treatment includes:

• Giving everyone the same care and consideration
• Avoiding assumptions or bias
• Following the same procedures for all cases

Equality and fairness are core safeguarding principles.

The Right to be Taken Seriously

Children and carers have the right for their concerns to be taken seriously every time. No suspicion of abuse should ever be dismissed without looking into it.

This requires:

• Listening carefully to what is said
• Recording all details accurately
• Passing concerns on to the right authorities promptly

This right links closely to professional responsibility and duty of care.

The Right to Protection from Retaliation

Sometimes people fear speaking up because they think it may lead to negative consequences. The law protects children, young people and carers from being punished or treated unfairly for raising concerns.

Protection from retaliation involves:

• Making sure they feel safe when giving information
• Preventing intimidation or bullying
• Acting quickly if threats or reprisals happen

This encourages openness and honesty.

Rights of Carers

Carers, whether parents, foster carers, or guardians, also have rights in these situations. These include:

• Being kept informed where it is safe and appropriate
• Being listened to
• Receiving support and advice
• Having their own wellbeing considered

Professionals should involve carers in decisions unless they are suspected of causing harm, in which case information sharing will be limited to protect the child.

Legislative Background

Many of these rights are supported by UK laws and frameworks, including:

• The Children Act 1989 and 2004 – sets out duties to safeguard children
• Working Together to Safeguard Children (statutory guidance) – explains how agencies should act
• The Human Rights Act 1998 – includes the right to life and the right to privacy
• The Equality Act 2010 – protects against discrimination
• The Data Protection Act 2018 and UK GDPR – controls the handling of personal data

These laws set clear expectations for organisations and staff.

How Workers Uphold These Rights

If you work in a school or similar setting, you help uphold these rights by:

• Knowing your safeguarding policies and procedures
• Following reporting lines without delay
• Keeping accurate records of concerns
• Maintaining confidentiality where possible
• Treating everyone with dignity and respect

Record keeping must be factual, avoiding personal opinion unless clearly stated as such.

Challenges in Protecting Rights

In real situations, protecting rights can be challenging. For example:

• A child may want to keep information private even if it suggests they are at risk
• Carers may disagree with the professional’s judgement
• Keeping someone informed could increase danger if the alleged abuser lives with them

In these cases, professionals must balance rights against immediate safety. The welfare of the child is the top priority.

Working With Other Agencies

Safeguarding often involves multiple agencies such as social services, police, health professionals, and education staff. Information is shared legally under safeguarding laws to protect children, but only details relevant to the case are passed on.

By working together:

• The process is quicker
• Support can be coordinated
• Rights are respected throughout

Clear communication between agencies reduces the chance of mistakes or delays.

Recording and Evidence

Accurate recording supports the rights of children, young people and carers. A well-kept record provides evidence if the case goes to court or is reviewed later.

Good records should:

• Include dates, times, and names
• Use direct quotes where possible
• Be stored securely
• Be factual and clear

Recording protects both the child and the professional.

Professional Training

Training in safeguarding helps staff recognise abuse, respond appropriately, and protect rights. Workers need to know signs of physical, emotional, and sexual abuse, and neglect. They should also understand how to communicate with distressed individuals and work within the law.

Regular training:

• Keeps knowledge up to date
• Builds confidence in dealing with sensitive cases
• Reinforces the rights involved

Without training, staff can unintentionally fail to protect these rights.

Importance of Safeguarding Culture

A strong safeguarding culture means that protecting rights is part of daily practice, not just in emergencies. This involves:

• Encouraging open communication
• Valuing everyone’s safety equally
• Supporting each other to follow policies

When a setting has this culture, children and carers are more likely to feel safe and respected.

Final Thoughts

The rights of children, young people and carers when harm or abuse is suspected are not optional. They are grounded in law and are there to keep people safe and treat them fairly. Your role involves not only knowing these rights but also actively protecting them in your daily work.

Every child has the right to be heard, kept safe, and treated with respect. Every carer has the right to information, support, and consideration. Balancing these rights with the demands of safeguarding can be challenging, but with the correct knowledge and careful application of procedure, you can make sure those facing harm or abuse are supported properly. This protects their wellbeing and strengthens trust in the system that is there to keep them safe.