Course taster

Child protection in the UK

Before delving into the complexities of child protection, it is important to consider how the protection of children first became subject to legislation.

We should also note the changing emphasis on the protection of children in relation to society, as highlighted by Parton (2014) in the introduction to his book on the politics of child protection. He states that 'child protection and now safeguarding of children have been shaped by political and social change over time' (Parton, 2014: 2).

The legislation of child protection began in the UK in 1889, with the Prevention of Cruelty to Children Act. This Act was campaigned for by the National Society for the Prevention of Cruelty to Children (NSPCC).

Stop and think

Explore the following information provided by the NSPCC on the development of legislation. (Please note, we will pick up on some of this content in later units.)

Policy and legislation have occasionally been updated or implemented as a result of high-profile child abuse cases. See the Victoria Climbie case in the UK (Laming 2003)

What are your thoughts on the above statement?

You may like to record your response in your Personal Journal for future use (The link to the Personal Journal is not available in this course taster).

Contemporary child protection legislation

To begin, let us consider what legislation is.

Legislation:

the process of making laws

'The term "legislation" is used interchangeably with "Acts of Parliament" and "Statutes" to refer to primary sources of law' (Holt, 2014:xix).

Law:

'Set of rules, regulations or orders' (Holt, 2014:xix).

Key points with regard to child protection:

  • Informed by findings from the 1988 Cleveland inquiry and other inquiries, such as that following the death of Jasmine Beckford (1985) and Tyra Henry (1985)
  • Act 'remains fundamental to the practice of child protection' (Corby, Shemmings, and Wilkins, 2012:43)
  • States that the child's welfare is paramount: in all circumstances, the child's welfare must remain the focus. This judgement is based on evidence gathered within the welfare checklist, section 1 of the Children Act 1989
  • The child's wishes and feelings must be taken into account
  • Introduced the concept of 'parental responsibility'. Some say that this acknowledges the importance of children being cared for within the family and the importance of the parental role. It charges the local authority (LA) with the duty to investigate in relation to harm (S.17/47)
  • S.47 – 'If they (LA) have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm' (Holt, 2014:19)
  • S.17 – 'Services for children in need, their families and others'

Key points with regards to child protection:

Under section 175:

  • LAs must make arrangements to ensure that their functions are exercised, with a view to safeguarding and promoting the welfare of children
  • The governing body of a maintained school must make arrangements to ensure that their functions relating to the conduct of the school are exercised, with a view to safeguarding and promoting the welfare of children who are pupils at the school

Key points with regards to child protection:

  • Informed by the Laming report (2003)
  • Ensures integrated services for children
  • Children's Commissioners are appointed to represent the best interests of the children
  • LAs are required to set up statutory Local Safeguarding Children Boards to represents the best interests of the children
  • Legislated the 'Every Child Matters' agenda (2003), ensuring children's holistic well-being:
    • be healthy
    • stay safe
    • enjoy and achieve
    • make a positive contribution
    • achieve economic well-being

Key points with regards to child protection:

  • All relevant parties should have regard to s.26 'Prevent Duty'
  • Staff must identify children subject to radicalisation
  • This is one of the newer responsibilities placed on practitioners

Key points with regards to child protection:

  • The Child Safeguarding Practice Review Panel was established to review and report on serious child protection cases that are complex or of national importance (Sections 12 to 15)
  • Previous model of Local Safeguarding Children's Boards (LSCBs) replaced by local safeguarding partners, who publish reports on local safeguarding practice reviews (Section 17)
  • Child death review partners are required to review each death of a child normally resident in their area, identifying any matters relevant to public health and safety and to children locally (Section 24)

This section has given a brief overview of the legislation in England that is relevant to child protection. As you are practising in a national or international context, you may not work with this legislation. At this stage, it is beneficial to you to investigate the legislation that is relevant to your work. You can do this by going to your local government website and researching any legislation concerned with the protection of children.

Having worked through this section, you should now consider why it is important that you understand all relevant legislation.

Activity

Child abuse cases that have led to changes in legislation

Aim: To conduct some research on an individual child abuse case.

Duration: 60 minutes

Feedback: Your tutor will read and may comment on your thoughts in your personal journal

Task: Using any resources of an academic nature, conduct some research on individual child abuse cases that have led to changes in legislation or policy. This can be from a UK or International perspective

Make notes on the following:

- What was the age of the child in the case?
- What was the abuse that they suffered?
- Who perpetrated the abuse?
- What changes were made as a result of the case?
Post your answers in your Personal Journal (The link to the Personal Journal is not available in this course taster).