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The legal framework relating to the protection of children
Transcript of The legal framework relating to the protection of children
Rights of the Child 1989 “The Act regulates the use of personal data. It sets out high standards for the handling of personal information and protecting individuals’ rights for privacy. It also regulates how information can be collected, handled and used.” (West town lane academy 2013). (1) Data Protection Act 1998 Human Rights Act 'Data protection principles' need to be
followed by people responsible for the
information. (2) CRB checks are needed to work with children or young people to make sure you’re not putting them at any significant harm. (3)
There are 3 different types; standard, enhanced and enhanced with list checks.
People on the DBS barred lists are unsuitable to work with children and adults. (4) The relevance to work with children is to entitle them to an education, to be healthy, a childhood, to be treated fairly and be heard. The UN Convention on the Rights of the Child links to safeguarding as it ensures the safety and comfort of the child’s needs. It provides freedom for the child but still remains to keep them under
control in a safe manner. The Human Rights Act illustrates the rights you have as a human. Everyone has the right to life of which shall be protected by the law. ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’. Human rights are founded on respect for the dignity and worth of each individual, regardless of race, gender, language, religion, opinions, wealth or ability and therefore apply to every human being. Framework for the Assessment for Children in Need: Child Safeguarding
Boards Article 3- Parties undertake to ensure the child such protection and care and shall take all appropriate legislative and administrative measures.
Article 12 - All children should have the right to say what they think should happen, when adults are making decisions that affect them, and to have their opinions taken into account.
Article 16- You have the right to privacy. The law should protect you from attacks against your way of life, your good name, your family and your home.
Article 19- Governments should ensure that children are properly cared for, and protect them from violence, abuse and neglect by their parents or anyone else that looks after them. The Every Child Matters policy is a UK government initiative which was set up partly in response to the tragic death of Victoria Climbie in 2000 and her inquiry in 2003. In addition to Every Child Matters being published, The Children's Act was launched in 2004. The Every Child Matters Policy was the first steps for change in schools and nurseries, it led to education altering the way they conducted their everyday routine to fulfill the 5 outcomes they set up. These are;
- To be healthy
- To stay safe
- To Enjoy and Achieve
- To Make a positive contribution
-To Achieve Economic Well-Being EVERY CHILD MATTERS WAS SET TO PREVENT HARM TO CHILDREN INSTEAD OF DEALING WITH THE CONSEQUENCES ONCE IT HAS HAPPENED! The vision of Every Child Matters is to involve all agencies and services that deal with children. Schools will be driven to work in multi-agency teams with other professionals such as social workers and nurses. To ensure that every child has the support and encouragement to achieve the 5 key outcomes without discrimination of any kind. Every Child Matters,
2003 'overcoming socio-economic disadvantages to achieve their full potential in life' – E.C.M,2003. Due to Every Child Matters and the Children's Act 2004 it was required that local safeguarding boards were set up to promote and safeguard each child's welfare. Bristol Safeguarding Children's Board: 'The core duty of an LSCB is to ensure that there are adequate arrangements in place across agencies to protect children from harm'- Bristol City Council,2013.
LCSB' range from the development of policies and procedures for safeguarding and promoting child welfare,
communication and awareness raising
monitoring and evaluating child protection effectiveness within the local authority
Carry out serious case reviews and respond/analyse unexpected child deaths This framework developed by the Department Of Health, 2000 highlights a 'systematic' way in to which the government can analyze, understand and record what is happening to the children around us. In their families and in our community.
This framework picture shows how professional judgments can be made, when studying relationships and any complex issues.
The Assessment framework shows how the three-inter related factors, parenting, child development and the family/environment, affect a child or children's well-being within a family setting.
It helps to analyze children's situations to plan and take action to deliver the best outcome for the child. http://www.creativeeducation.co.uk/videos/watch-video.aspx?id=275 There are many policies in childcare
settings which are put in place to maintain a child's welfare and safeguard them. (1) o The right to life
o No punishment without law
o Right of education o Right to marry
o Freedom of thought, conscience and religion
o Prohibition of slavery and forced labour In England the law states that people who work with children have to keep them safe. (2) The Safegaurding Vunerable Groups Act 2006 introduces two barring lists. The independent safeguarding authority makes barring decisons. (3) Police Protection Order (Children's act 1989 - Section 46):
The police have the power to remove a child from their home if they feel the child is at risk of significant harm. They can be removed immediatly without a court order for up to 72 hours. Orders: needed to take children away from parents/gaurdians.
Interim Care Order - Lasts maximum of 8 weeks.
Full Care Order - Child never returns to parents, stays in care permanently.
Supervision Order - Social workers visit the house regulary and assess the families progess and ability to care for their child. Lasts 1 year.
Residents/Contact Order: Determines where child lives and who they come into contact with. Emergency Protection Order (Children's act 1989 - section 44): A court case determines whether a child can be taken into care by a social worker for a maximum of 7 days. During these 7 days, they make arrangements for the child deciding what is best for their welfare.