3. Legislation, Definitions and Indicators

Processes for safeguarding and promoting the welfare of children are governed by legislation, supported by guidance and based on principles and beliefs about the rights of the child and family.

Safeguarding and promoting the welfare of children is defined in 'Working Together to Safeguard Children 2023' as:

• Providing help and support to meet the needs of children as soon as problems emerge
• Protecting children from maltreatment, whether that is within or outside the home, including online
• Preventing impairment of children's mental and physical health or development
• Ensuring that children grow up in circumstances consistent with the provision of safe and effective care
• Promoting the upbringing of children with their birth parents, or otherwise their family network
• Taking action to enable all children to have the best outcomes in line with the outcomes set out in the Children's Social Care National Framework

Child protection is part of safeguarding and promoting the welfare of children and is defined in Working Together 2023 as activity that is undertaken to protect specific children who are suspected to be suffering, or likely to suffer, significant harm. This includes harm that occurs inside or outside the home, including online.

There are two key pieces of legislation most relevant to safeguarding and promotion of the welfare of children:

Children Act 1989

The Children Act 1989 places a duty on local authorities to promote and safeguard the welfare of children in need in their area and promote the upbringing of children by their families.

Section 47 of The Children Act 1989 gives local authorities the power to make child protection enquiries about any child who is suffering significant harm or is likely to suffer significant harm where they consider it necessary to enable them to decide whether to take action to safeguard or promote a child's welfare.

Only Children's Services, the Police and the National Society for the Prevention of Cruelty to Children (NSPCC) have the authority to make enquiries in a situation where a child is suffering or likely to suffer significant harm. Other agencies have a duty to cooperate.

Significant harm is described in the Children Act 1989 as:

• Ill treatment (including sexual abuse and physical abuse)
• Impairment of health (physical and mental) and development (physical, intellectual, emotional, social or behavioural) as compared to a similar child

Section 17 of the Children Act 1989 describes a child in need as one who:

• Is unlikely to achieve or maintain, or have the opportunity of achieving or maintaining a reasonable standard of health or development without the provision for the child of services by a local authority, or whose;
• health or development is likely to be significantly impaired or further impaired without the provision for the child of such services, or who:
• Is disabled
• Is a young carer

Under Section 17 of the Children Act 1989 local authorities carry lead responsibility for establishing whether a child is in need.

Early Help

Providing Early Help is more effective in promoting the welfare of children than reacting later. Early help means providing support as soon as a problem emerges, at any point in a child's life, from the foundation years through to the teenage years. Early help can also prevent further problems arising, for example, if it is provided as part of an Early Help Assessment Plan (EHAP).

Effective Early Help relies upon local agencies working together to:

• Identify children and families who would benefit from Early Help
• Undertake an assessment of the need for Early Help
• Provide targeted Early Help services to address the assessed needs of a child and their family which focuses on activity to significantly improve the outcomes for the child. Local authorities, under section 10 of the Children Act 2004, have a responsibility to promote inter-agency cooperation to improve the welfare of children.

Children Act 2004

The Children Act 2004 builds on the Children Act 1989 by specifically referencing the harm suffered to children through living in households where domestic abuse is a concern and requires each local authority to work with relevant partners to improve the wellbeing of children - including protection from harm or neglect as well as other outcomes. Relevant partners include:

• Police
• Probation
• Health
• Schools
• Early years and childcare settings

The Children Act 2004 also requires local authorities to:

• Set up Local Safeguarding Children Partnerships (LSCPs) to coordinate the safeguarding activities of all partner agencies, which will include the Police, Health and Local Authority, and to evaluate the effectiveness of what they do

Local authorities also have a duty to:

Determine as far as is possible and consistent with the child's welfare:

• The child's wishes and feelings about the services or actions to be taken and
• Give consideration (with regard to the child's age and understanding) to such wishes and feelings of the child as they have been able to ascertain

There are two key pieces of guidance relevant to safeguarding children:

Working Together to Safeguard Children 2023 - Working together to safeguard children 2023: statutory guidance (publishing.service.gov.uk)

Working together to Safeguard Children should be read and followed by strategic and senior leaders and frontline practitioners of all organisations and agencies.

This guidance focuses on the core legal requirements, making it clear what individuals, organisations and agencies must and should do to keep children safe. In doing so, it seeks to emphasise that effective safeguarding is achieved by putting children at the centre of the system and by every individual and agency playing their full part.

Whilst it is parents and carers who have primary care for their children, local authorities, working with partner organisations and agencies, have specific duties to safeguard and promote the welfare of all children in their area. The Children Acts of 1989 and 2004 set out specific duties:

• Organisations that are responsible for commissioning or providing services to children, young people and adults who are parents and carers
• Organisations that have a particular responsibility for safeguarding and promoting the welfare of children

What to do if you're worried a child is being abused 2015 - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/419604/What_to_do_if_you_re_worried_a_child_is_being_abused.pdf

'What to do if you're worried a child is being abused' is practice guidance first issued following the enquiry conducted by Lord Laming into the death of Victoria Climbié. It outlines the process to be followed when there are concerns about a child's welfare, including their safety, and provides clear expectations of everyone involved in working with, or having contact with children.