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.

Working Together to Safeguard Children 2023 sets out the definitions for physical abuse, emotional abuse, sexual abuse and neglect.

Physical abuse

Physical abuse is defined as a form of abuse which may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child.

Physical abuse can happen in any family, but children may be more at risk if their parents have problems with drugs, alcohol and mental health or if they live in a home where domestic abuse happens. Babies and disabled children also have a higher risk of suffering physical abuse.

Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child. Physical abuse can also occur outside of the family environment.

Some of the following signs may be indicators of physical abuse:

• Children with frequent injuries;
• Children with unexplained or unusual fractures or broken bones; and
• Children with unexplained bruises or cuts; burns or scalds; or bite marks

Emotional abuse

Emotional abuse is defined as the persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child's emotional development. It may involve conveying to a child that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or 'making fun' of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond a child's developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying (including cyber bullying), causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone.

Although the effects of emotional abuse might take a long time to be recognisable, practitioners will be in a position to observe it, for example, in the way that a parent interacts with their child. Emotional abuse may involve deliberately telling a child that they are worthless, or unloved and inadequate. It may include not giving a child opportunities to express their views, deliberately silencing them or 'making fun' of what they say or how they communicate.

Emotional abuse may involve serious bullying - including online bullying through social networks, online games or mobile phones - by a child's peers.

Some of the following signs may be indicators of emotional abuse:

• Children who are excessively withdrawn, fearful, or anxious about doing something wrong
• Parents or carers who withdraw their attention from their child, giving the child the 'cold shoulder'
• Parents or carers blaming their problems on their child; and
• Parents or carers who humiliate their child, for example, by name-calling or making negative comparisons

Sexual abuse

Involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example, rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse Sexual abuse can take place online, and technology can be used to facilitate offline abuse. Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children.

Some of the following signs may be indicators of sexual abuse:

• Children who display knowledge or interest in sexual acts inappropriate to their age
• Children who use sexual language or have sexual knowledge that you wouldn't expect them to have
• Children who ask others to behave sexually or play sexual games; and
• Children with physical sexual health problems, including soreness in the genital and anal areas, sexually transmitted infections or underage pregnancy

Neglect

The persistent failure to meet a child's basic physical and/or psychological needs, likely to result in the serious impairment of the child's health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to:

• Provide adequate food, clothing and shelter (including exclusion from home or abandonment)
• Protect a child from physical and emotional harm or danger
• Ensure adequate supervision (including the use of inadequate care-givers)
• Ensure access to appropriate medical care or treatment

It may also include neglect of, or unresponsiveness to, a child's basic emotional needs.

Some of the following signs may be indicators of neglect:

• Children who are living in a home that is indisputably dirty or unsafe
• Children who are left hungry or dirty
• Children who are left without adequate clothing, e.g. not having a winter coat
• Children who are living in dangerous conditions, i.e. around drugs, alcohol or violence
• Children who are often angry, aggressive or self-harm
• Children who fail to receive basic health care; and
• Parents who fail to seek medical treatment when their children are ill or are injured

Additional safeguarding concerns

• Child Sexual Exploitation
• Child Criminal Exploitation
• Female Genital Mutilation - FGM
• Forced Marriage
• Honour Based Abuse
• County Lines
• Domestic Abuse
• Online Abuse
• Radicalisation / Extremism
• The Prevent Duty

Child Sexual Exploitation

Child Sexual Exploitation is a form of child sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual. Child sexual exploitation does not always involve physical contact; it can also occur through the use of technology.

• Children who appear with unexplained gifts or new possessions
• Children who associate with other young people involved in exploitation
• Children who have older boyfriends or girlfriends
• Children who suffer from sexually transmitted infections or become pregnant
• Children who suffer from changes in emotional well-being
• Children who misuse drugs and alcohol
• Children who go missing for periods of time or regularly come home late; and
• Children who regularly miss school or education or don't take part in education

Child Criminal Exploitation

A term to describe where an individual or group takes advantage of an imbalance of power to coerce, control, manipulate or deceive a child or young person under the age of 18 into any criminal activity:

(a) in exchange for something the victim needs or wants; and/or

(b) for the financial or other advantage or the perpetrator or facilitator; and/or

(c) through violence or the threat of violence. 

The victim may have been criminally exploited even if the activity appears consensual. Child criminal exploitation does not always involve physical contact; it can also occur through the use of technology.

Female Genital Mutilation - FGM

FGM is a procedure where the female genitals are deliberately cut, injured or changed, but where there's no medical reason for this to be done. It's also known as "female circumcision" or "cutting". FGM is often performed by someone with no medical training who uses instruments such as a knife, scalpel, scissors, glass or razor blade. Children are rarely given anaesthetic or antiseptic treatment and are often forcibly restrained.

FGM is often motivated by beliefs about what is considered acceptable sexual behaviour. It aims to ensure premarital virginity and marital fidelity. FGM is in many communities believed to reduce a woman's libido and therefore believed to help her resist extramarital sexual acts. It is illegal to carry out FGM in the UK. It is also a criminal offence for UK nationals or permanent UK residents to perform FGM overseas or take their child abroad to have FGM carried out. The maximum penalty for FGM is 14 years' imprisonment.

Forced Marriage

People have the right to choose who they marry, when they marry or if they marry at all. Forced marriage is when some face physical pressure to marry (for example, threats, physical violence or sexual violence) or emotional and psychological pressure (e.g. if they're made to feel like they're bringing shame on their family).

Forced marriage is illegal in England and Wales. This includes:

• Taking someone overseas to force them to marry (whether or not the forced marriage takes place)
• Marrying someone who lacks the mental capacity to consent to the marriage (whether they're pressured to or not)

Honour Based Abuse

Honour Based Abuse is a violent crime or incident which may have been committed to protect or defend the honour of the family or community.

It is often linked to family members or acquaintances who mistakenly believe someone has brought shame to their family or community by doing something that is not in keeping with the traditional beliefs of their culture. For example, honour-based violence might be committed against people who:

• Become involved with a boyfriend or girlfriend from a different culture or religion
• Want to get out of an arranged marriage
• Want to get out of a forced marriage
• Wear clothes or take part in activities that might not be considered traditional within a particular culture

Women and girls are the most common victims of honour based violence however it can also affect men and boys. Crimes of 'honour' do not always include violence. Crimes committed in the name of 'honour' might include:

• Domestic abuse
• Threats of violence
• Sexual or psychological abuse
• Forced marriage
• Being held against your will or taken somewhere the victim doesn't want to go
• Assault/killing

County Lines

County Lines is a term used to describe gangs and organised criminal networks involved in exporting illegal drugs into one or more importing areas within the UK, using dedicated mobile phone lines or other form of 'deal line'.  They are likely to exploit children and vulnerable adults to move and store the drugs and money, and they will often use coercion, intimidation, violence (including sexual violence) and weapons.

Domestic Abuse

The statutory definition is clear that domestic abuse may be a single incident or a course of conduct which can encompass a wide range of abusive behaviours, including a) physical or sexual abuse; b) violent or threatening behaviour; c) controlling or coercive behaviour; d) economic abuse; and e) psychological, emotional, or other abuse. Under the statutory definition, both the person who is carrying out the behaviour and the person to whom the behaviour is directed towards must be aged 16 or over and they must be "personally connected" (as defined in section 2 of the Domestic Abuse Act 2021).

The definition ensures that different types of relationships are captured, including ex-partners and family members. All children can experience and be adversely affected by domestic abuse in the context of their home life where domestic abuse occurs between family members, including where those being abusive do not live with the child. Experiencing domestic abuse can have a significant impact on children. Section 3 of the Domestic Abuse Act 2021 recognises the impact of domestic abuse on children (0 to 18), as victims in their own right, if they see, hear or experience the effects of abuse. Young people can also experience domestic abuse within their own intimate relationships.

Online Abuse

Online abuse is any type of abuse that happens on the internet. It can happen across any device that's connected to the web, like computers, tablets, and mobile phones. It can happen anywhere online, including: social media, text messages and messaging apps, emails, online chats, online gaming and live-streaming sites. Children can be at risk of online abuse from people they know or from strangers. It might be part of other abuse which is taking place offline, like bullying or grooming. Or the abuse might only happen online.

Children may experience several types of abuse online: Cyberbullying, Emotional abuse-which can include emotional blackmail, Sexting-pressure or coercion to create sexual images, Sexual abuse, Sexual exploitation and Grooming-perpetrators may use online platforms to build a trusting relationship with the child to abuse them.

A child experiencing abuse online might:

• Spend a lot more or a lot less time than usual online, texting, gaming or using social media
• Seem distant, upset or angry after using the internet or texting
• Be secretive about who they're talking to and what they're doing online or on their mobile phone
• Have lots of new phone numbers, texts or email addresses on their mobile phone, laptop or tablet

Be mindful that some of the signs of online abuse are similar to other types of abuse.

Radicalisation / Extremism

When we talk about radicalisation it means someone is being encouraged to develop extreme views or beliefs in support of terrorist groups and activities. radicalisation and the potential path towards terrorism and extremism can occur through face to face or online interactions. It is sadly the case that it is becoming easier than ever to be groomed by terrorist recruiters on the internet and to find extremist materials.

Encouraging susceptible individuals to commit acts of terrorism on their own initiative is a deliberate tactic seen in emerging ideologies and seen in their propaganda. This is exacerbated by online environments which bring together and facilitate individuals sharing and validating thoughts and ideas.

Every case is different, and there is no checklist that can tell us if someone is being radicalised or becoming involved in terrorism. The importance of noticing the hallmarks of concern within these online communities, in friends or wider social spaces as well as work and educational settings has probably never been as important as it is now. There are some common signs that may mean someone is being radicalised.

• Expressing an obsessive or angry sense of injustice about a situation and blaming this on others.
•  Expressing anger or extreme views towards a particular group such as a different race or religion.
• Suggesting that violent action is the only way to solve an issue, sharing extreme views or hatred on social media.

It's often the case that professional curiosity and belief in your own ability to determine if something just doesn't sit right is sometimes a good check point to flag up where something may be going wrong, especially in the early stages of radicalisation.

Extremism goes beyond terrorism and includes people who target the vulnerable - including the young - by seeking to sow division between communities on the basis of race, faith or denomination; justify discrimination towards women and girls; persuade others that minorities are inferior; or argue against the primacy of democracy and the rule of law in our society.

Extremism is defined in the Counter Extremism Strategy 2015 as the vocal or active opposition to our fundamental values, including the rule of law, individual liberty and the mutual respect and tolerance of different faiths and beliefs. We also regard calls for the death of members of our armed forces as extremist.

The PREVENT Duty

Prevent is part of the UK's Counter-terrorism strategy CONTEST. The aim of Prevent is to stop people from becoming terrorists or supporting terrorism.

Prevent work also extends to supporting the rehabilitation and disengagement of those already involved in terrorism. The objectives of Prevent are:

• Tackling the ideological causes of terrorism
• Intervening early to support people susceptible to radicalisation
• Enabling people who have already engaged in terrorism to disengage and rehabilitate.

If you have concerns about a child or young person being radicalised guidance can be found here:

Preventing radicalisation - Norfolk County Council

Responding to a Concern - Notice-Check-Share

Notice - A staff member or volunteer working with a child or young person could be the person to notice that there has been a change in the individual's behaviour that may suggest they are vulnerable to radicalisation. Every case is different, and there is no checklist that can tell us if someone is being radicalised or becoming involved in terrorism. There are some common signs that may mean someone is being radicalised.

• Expressing an obsessive or angry sense of injustice about a situation and blaming this on others.
• Expressing anger or extreme views towards a particular group such as a different race or religion.
• Suggesting that violent action is the only way to solve an issue, sharing extreme views or hatred on social media.

Check - The next step is for the staff member or volunteer to speak to the manager or safeguarding lead to better understand the concerns raised by the behaviours observed to decide whether intervention and support is needed. In many cases there will be an explanation for the behaviours that either requires no further action or a referral not related to radicalisation or extremism.

Share - Where the staff member or volunteer still has concerns that the individual may be vulnerable to radicalisation, then the organisation's safeguarding procedures will be followed, and this safeguarding concern will be reported to the Children's Advice and Duty Service (CADS).

Following this the Prevent referral form should be completed, which can be downloaded from here referral form and sent to:

preventreferrals-NC@Norfolk.police.uk

An initial assessment of the referral will be carried out prior to any further information gathering on the individual.

For urgent radicalisation concerns contact Norfolk police on 101 or, in an emergency, 999.

Additional information and guidance on Prevent is available on the Norfolk County Council website.

An explanation of PREVENT can found on pages 29 - 32 of CONTEST.

Prevent Duty - Section 26 of the Counter-Terrorism and Security Act (HMG, 2015) placed a duty on specified authorities that they must, in the exercise of their functions, have 'due regard to the need to prevent people from being drawn into terrorism'. This is known as the 'Prevent Duty'.

Channel Panel - Channel is a national programme which focuses on providing support at an early stage to individuals identified as being vulnerable to being drawn into terrorism. Further information can be found within Channel and Prevent Multi-Agency Panel (PMAP) guidance (Home Office, 2021)

Unborn children

Unborn children may also be abused or neglected or be in need. Concerns about the welfare of an unborn child should be dealt with as for any other child, including child protection procedures. Circumstances that may render unborn babies more at risk of significant harm include:

• History of harm, or assessed risk, to previous children
• Parents or carers with convictions for offences against a child
• Inability of a parent to protect
• Poor parenting capacity
• Severe mental health problems or learning disability
• Alcohol or substance abuse
• Domestic abuse

Maternal drug or alcohol abuse carries significant risk that can affect foetal development and thus have long term implications for the health and development of a child.

Drugs and alcohol

Drug and alcohol use by a parent will often have significant short and long term implications for the safety, health and wellbeing of their children. Drug and alcohol use is often linked to social and domestic problems. Norfolk Safeguarding Children Partnership (NSCP) has agreed procedures and guidance for assessing.

Where a parent or carer has substance misuse issues which may impact on a child/children and/or young person/people, by promoting partnership working, inter-agency collaboration and providing a framework for identification, Assessment and Care Planning.

Vulnerable babies

Babies may be particularly vulnerable to abuse in much the same circumstances as listed previously re unborn children. Injuries suffered by babies who are not mobile should always be expertly evaluated with concern about possible abuse or neglect in mind.

Domestic abuse

Domestic abuse includes any form of physical or sexual assault or emotional abuse between people in a close relationship. It includes intimidation, entrapment, humiliation, deprivation and exerting control. Domestic abuse has a profoundly damaging effect on children who are involved, who experience it whether directly or indirectly, or who live with the effects it has on an abused parent or carer.

Seeing, hearing or being aware of the ill-treatment of a parent or carer (or of a sibling) by someone in the family is likely to cause emotional harm to a child and should be regarded as emotional abuse. Domestic abuse often directly involves children in physically dangerous and emotionally distressing situation, especially as it is often linked to drug and alcohol misuse.

Disabled children

There is evidence from experience and research that indicates that disabled children are especially vulnerable in terms of abuse and neglect, and that multiple disability is associated with increased risk (risk is often enhanced because disabled children may be less able to communicate concerns, have fewer extra-familial contacts, and are more dependent on and demanding of attention from their carers).

Practitioners should be made aware that there are a number of factors that may result in a reluctance to act on concerns in relation to disabled children which could include:

• Over identifying with the child's parents/ carers and being reluctant to accept abuse or neglect is taking place
• A lack of knowledge about the child e.g. not knowing the child's usual behaviour
• Any reason to suspect neglect or abuse outside the setting, for example in the child's home
• The mental health of a parent or carer does not necessarily have an adverse impact on a child but it is essential to assess the implications for the child. If practitioners have concerns that a child is at risk of harm because of the impact of the parent/carer's mental health they should report their concerns in the normal way.

Children are at greatest risk when:

• The child features within parental delusions
• The child becomes the focus of the parent's aggression

In these circumstances the child should be considered at immediate risk of harm and a referral made to Children's Services in accordance with the referrals procedure.

Norfolk Safeguarding Children Partnership (NSCP) has agreed procedure and guidance for assessing and responding to risks from adult mental health.

Key Points

Processes for safeguarding children are governed by legislation.

Caution should be used when referring to lists of signs and symptoms of abuse and the overall context of the child's situation should be considered. Advice must be sought from The Children's Advice and Duty Service (CADS) if you are concerned that a child or children is experiencing or likely to suffer significant harm.

Some factors may limit the capacity of parents to keep their children safe from harm.

Any bruising to a non-mobile baby must be referred to The Children's Advice and Duty Service (CADS)  immediately.

Further information:

• For Early Help Assessment and Plan (EHAP) information, guidance, support and training Information for early help professionals - Norfolk County Council
• National Society for the Prevention of Cruelty to Children (NSPCC) www.nspcc.org.uk
• 'What to do if you're worried a child is being abused' 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
• Working together to safeguard children Working together to safeguard children 2023: statutory guidance
• Children Act 1989 Children Act 1989
• Children Act 2004 Children Act 2004
• Norfolk Safeguarding Children Partnership (NSCP) Norfolk Safeguarding Children Partnership
• Norfolk Continuum of Needs Guidance 2023 Norfolk Guidance to Understanding Continuum of Needs | NSCP | PWWC (norfolklscp.org.uk)
• Norfolk Safeguarding Children Partnership Policies and Procedures Polices & Procedures | Norfolk Safeguarding Children Partnership (norfolklscp.org.uk)