Child Protection Update Training Key Legislation

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Child Protection Update Training Key Legislation
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Key Legislation

• Children Act 1989
• Remains the primary legislation concerning child
  welfare
• Children Act 2004
• Strengthens the duty to co-operate
• reasonable punishment replaces reasonable
  chastisement
• Data Protection Act 1998
• Human Right Act 1998
• Adoption and Children Act 2002
• From 1.12.03 unmarried fathers whose babys birth
  is registered or re-registered after 1.12.03 and
  whose name is on the birth certificate will have
  parental responsibility for their child/children
• Sexual Offences Act 2003
• Offence of grooming
• Female Genital Mutilation Act 2003

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The Children Act 1989

• Remains the primary piece of legislation
  regarding child welfare
• Welfare of the child paramount when considering
  their upbringing
• Child should be kept informed and participate in
  decision making
• The upbringing of children is primarily the
  responsibility of the parents
• A balance between child protection and undue
  interference in family life is sought

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The Children Act 2004

• Strengthens the duty to co-operate
• Created the Childrens Commissioner for England
• Childrens Trusts
• Local Safeguarding Children Boards replace Area
  Child Protection Committees
• Information sharing one big database
• Framework for the inspection of childrens
  services

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Every Child Matters

• Five key outcomes for children
• Being healthy
• Staying safe
• Enjoying and achieving
• Making a positive contribution
• Securing economic well-being
• To deliver these outcomes for children there will
  be action in four areas
• Supporting parents and carers
• Early interventions and effective prevention
• Integration of services and joint accountability
• Workforce reforms

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Female Genital Mutilation (FGM) Act 2003

• It is illegal for anyone to circumcise women or
  children for cultural or non-medical reasons
• It is an offence to take UK nationals and those
  with permanent UK residency overseas for the
  purpose of circumcision, to aid and abet, counsel
  or procure the carrying out of FGM
• The FGM Act 2003 carries a maximum penalty of 14
  years in prison for committing or aiding in this
  offence

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The Sexual Offences Act 2003

• Created the offence of grooming
• A child under 13 does not, under any
  circumstances, have the legal capacity to consent
  to any form of sexual activity
• Penetrative sexual activity with a child under
  the age of 13 years carries a life sentence

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Young People Under 16 Involved In Sexual Activity

• FRASER GUIDELINES can you give contraception
  and sexual health advice to under 16 years olds
  without parental consent?
• Are you satisfied that
• The young person can understand the advice and
  has sufficient maturity to understand what is
  involved in terms of the moral, social and
  emotional implications
• You cant persuade the young person to inform
  their parents, nor allow you to inform their
  parents, that contraception is being sought
• The young person would be very likely to begin or
  to continue having sexual intercourse with or
  without contraceptive treatment
• Without contraception treatment the young
  persons physical or mental health, or both,
  would be likely to suffer
• The young persons best interests requires the
  professional to give advice without parental
  consent

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• BICHARD CHECKLIST - Should you tell the police
  and social services?
• Do any of the following apply
• Age or power imbalances
• Overt aggression
• Coercion or bribery
• The misuse of substances as a disinhibitor
• Does the childs own behaviour, because of the
  misuse of substances, place him/her at risk so
  that he/she is unable to make an informed choice
  about any activity
• Has any attempt to secure secrecy been made by
  the sexual partner, beyond what would be
  considered usual in a teenage relationship
• Is the sexual partner known by one of the
  agencies (NB police)
• Does the child deny, minimise or accept concerns
• Are the methods used consistent with grooming

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National Guidance

• Working Together To Safeguard Children 2006, TSO
• What To Do If Youre Worried A Child Is Being
  Abused 2003, DH et al
• The South West Child Protection Procedures at
• www.swcpp.org.uk

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Multi-agency Public Protection Arrangements
(MAPPA)

• To ensure that a risk management plan is drawn up
  for the most serious sexual and violent offenders
• Brings together police, probation and prison
  services
• Other agencies are under a duty to co-operate
  including social care, health, housing and
  education

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Four Key Features within MAPPA

• Identifying offenders to be supervised under
  MAPPA
• Sharing information about offenders
• Assessing the risks posed by offenders
• Managing the risk posed by individual offenders

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Schedule 1 Offences

• The term schedule 1 offender has come into wide
  use to describe anyone convicted of an offence
  against a child
• It takes no consideration of the circumstances of
  the offence, or any assessment of ongoing risk
  that an individual may pose
• The term risk to children should therefore be
  the preferred term for those persons who have
  been identified as posing an ongoing risk to a
  child

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The Safeguarding Vulnerable Groups Act 2006

• Implemented on 4.2.08
• Scheme for vetting individuals who apply to work
  with children and vulnerable adults, and will bar
  them at the earlist opportunity if they are
  unsuitable to do so
• Provide a comprehensive streamlined and improved
  vetting service for both employers and parents

• Bringing together List 99 - for teachers,
  Protection of Children Act (POCA) - those working
  in childcare settings, Protection of Vulnerable
  Adults (POVA) - those working with vulnerable
  adults
• CRB will run the application procedures for
  vetting and barring decisions and for CRB
  disclosures
• CRB Criminal Records Bureau