Outline current legislation guidelines, policies and procedures for safeguarding children and young people. Legislation covering child protection can be divided into two main types, criminal law, dealing with people who have offended or are at risk of offending against children, and civil law, which is divided into public law and private law.
Public law puts in place systems and processes in order to minimise the risk of children coming to harm and lays out what action should be taken if children are at risk. Private law deals with family proceedings such as divorce and contact. Some Acts contain both types of Law. Children and Young Persons Act 1933This was one of the first acts to be passed in Parliament with regards to protecting and safeguarding the welfare of children in the UK and it forms a basis on which many other Laws regarding children’s rights and safeguarding have been made and has hundreds of amendments to bring its detail up to date.
It defines a variety of ways that children that may experience suffering, injury or damage to health, including loss of sight, hearing, limbs, body organ and includes mental cruelty and damage it describes as mental derangement. It makes it an offence for a person over 16 years old who is responsible for the child to cause or allow these types of harm to be caused to the child deliberately, by neglect, abandonment or allowing someone else to.
It specifically defines protecting children from being burned by open fires or other heating appliances by not allowing them into a room without a guard in place and failure to take ”reasonable precautions” to prevent burns and scalds will make them liable to prosecution. It states that the parent or a person responsible for upkeep of the child shall be responsible for ensuring they have adequate food, clothing, medical aid and housing and that they have made all attempts to provide these.
It made it an offence to sell tobacco and tobacco products to under 18’s and stated the punishments and consequences for breaking the law and how to enforce them. It also describes who could confiscate tobacco products from minors. It recognises child exploitation and does not allow children under 16 to be used for begging or busking. It does not allow children over the age of four to live in or frequent brothels. Children under the age of twelve years are not permitted to be trained to or take part in performances of a dangerous nature and a license is required after that age but must be in line with the other laws in this Act.
Although it does not state ratios it requires “sufficient adults” to be present in a building or place where the entertainment is predominantly for children and requires the entertainment provider to restrict admittance to ensure a safe number for the size of the premises. It specified the age, hours in a day and in a week a child is allowed to work and varies accordingly between days they are required to attend school, weekends and school holidays. It states that children must not undertake work that is likely to be harmful to the safety, health or development of children and must not adversely affect their attendance at school.
It gives police power of entry to premises to stop, prevent or bring to court offenders of these laws. Children, except babes in arms, are not permitted in court in court during trials of others except for the time that they are participating as a witness. It requires a child brought before the court to have a responsible adult with them, right to legal representation and for a court to be “cleared”, only court officials present, before they give evidence. There are restrictions as to what personal details newspapers and press can report about the child.
No child under 10 can be found guilty of an offence. Originally for ages under 21, youth offenders who are deemed to be “seriously delinquent”, are sent to “Borstal training” the 1933 Act increases it to under 23 and currently applies to ages under 18. Children Act 1989 Working Together sets out how organisations and individuals should work together to safeguard and promote the welfare of children and young people in accordance with the Children Act 1989 and the Children Act 2004.
The Children Act 1989, implemented for the most part on 14 October 1991, introduced comprehensive changes to legislation in England and Wales affecting the welfare of children. The Act reinforces the autonomy of families by defining of parental Responsibility, provides for support from local authorities, in particular for families whose children are in need and legislates to protect children who may be suffering or are likely to suffer significant harm.
The main aims of the Act are:
- to bring together private and public law in one framework;
- achieve a better balance between protecting children and enabling parents to challenge state intervention;
- encourage greater partnership between statutory authorities and parents
- promote the use of voluntary arrangements;
- restructure the framework of the courts to facilitate management of family proceedings.
The main principles and provisions embodied in this legislation are that:
- the welfare of children must be the paramount consideration when the courts are making decisions about them
- the concept of parental responsibility has replaced that of parental rights
- children have the ability to be parties, separate from their parents, in legal proceedings
- local authorities are charged with duties to identify children in need and to safeguard and promote their welfare
- certain duties and powers are conferred upon local authorities to provide services for children and families
- a checklist of factors must be considered by the courts before reaching decision
- orders under this Act should not be made unless it can be shown that this is better for the child than not making an order
- delay in deciding questions concerning children is likely to prejudice their welfare.
Any gaps in services required can also be highlighted and necessary measures considered. All maintained schools in England and Wales have implemented this policy and legislations. The guidance is considered and used as best practice. In addition, it is found to be a strong influence on practice and policies across the UK and in independent schools. Getting it Right for Every Child (GIRFEC) is the equivalent approach in Scotland. www. nationalarchives. gov. uk The United Nations Convention on the Rights of the Children 1989, UN governments worldwide (with exception of USA and Somalia) promised all children the same rights by adopting the UN Convention on the Rights of the Child (CRC).
A Convention is an agreement between countries to abide by the same agreed beliefs and conduct. When the Government of a country ratifies a convention, it means that it agrees to obey the agreements written down in that convention. The UK signed it on 19 April 1990, ratified it on 16 December 1991 and it came into force in the UK on 15 January 1992. The Convention recognises the human rights of children, defined as any person under the age of 18. It lists and specifies universal principles and standards for the status and treatment of children in United Nation countries. The rights are based on what a child needs to survive, grow, participate and fulfil their potential.
They apply equally to every child, no matter who they are or where they are from, regardless of race, gender, language, religion, opinions, wealth or ability. It contains fifty-four articles in total and some apply to or directly affect practice in schools.
In particular:
- Article1 defines children as everyone under the age of 18
- Article 2 states that it applies to all children without discrimination
- Article3 says that the best interests of the child must be a top priority in all things that affect children.
- Article 4 states that governments must do all they can to protect these rights
- Article 5 states governments must respect the rights and responsibilities of parents and carers to direct and guide their child as they grow up, so that they enjoy their rights properly.
UNICEF informs that everyone working with children and young people needs to be aware of the CRC to ensure that it informs their policies and underpins their practice. With regards to the role that adults practice in the implementing the articles of the CRC, the duty is placed on adults to ensure these rights are demonstrated to the children. It includes parents and carers to be responsible for ensuring that they model rights-respecting behaviour in raising children.
It also states that schools are responsible for promoting a rights-respecting environment and for developing an understanding that rights apply equally to everyone globally and that children and young people should be given opportunities to learn about the wider world and understand how they can act to ensure everyone can fulfil their rights.
Ideally, the role of children and young people play will allow them to enjoy their rights fully as they grow and develop by learning about the Convention and how it applies equally to every child and young person around the world, make the most of their opportunities to fulfil their rights to an education, to be safe, to be healthy, to be treated fairly, and to have a voice in decisions that affect them, and to encourage others to do the same and to do what they can to act in ways that will enable other children and young people, locally and globally, to enjoy their rights. If the laws of a particular country protect children better than the articles of the Convention, then those laws must stay in place. Subsequent UK legislation needs to ensure that it is not compromising this Bill of Rights.
