Child protection in England Legislation, policy and guidance
The Department for Education is responsible for child protection in England. It sets out policy, legislation and statutory guidance on how the child protection system should work.
At the local level Local safeguarding children boards (LSCBs) co-ordinate, and ensure the effectiveness of, work to protect and promote the welfare of children. Each local board includes: local authorities, health bodies, the police and others, including the voluntary and independent sectors. The LSCBs are responsible for local child protection policy, procedure and guidance.
Currently provides the legislative framework for child protection in England. Key principles established by the act include:
- the paramount nature of the child's welfare
- the expectations and requirements around duties of care to children.
Strengthens the 1989 Act. Encourages partnerships between agencies and creates more accountability. Part three of the Children Act 2004 applies solely to Wales.
- creates the post of Children's Commissioner for England
- places a duty on local authorities to appoint a director of children’s services and an elected lead member for children’s services, who is ultimately accountable for the delivery of services.
- places a duty on local authorities and their partners (including the police, health service providers and the youth justice system) to co-operate in promoting the wellbeing of children and young people and to make arrangements to safeguard and promote the welfare of children
- updates the legislation on physical punishment (section 58) by limiting the use of the defence of reasonable punishment so that it can no longer be used when people are charged with the offences against a child of wounding, actual or grievous bodily harm or cruelty. Therefore any injury sustained by a child which is serious enough to warrant a charge of assault occasioning actual bodily harm cannot be considered to be as the result of reasonable punishment.
- The Children and Social Work Act 2017 received Royal Assent on 27 April 2017. It mainly applies to England only and includes a wide range of provisions relating to support for children in care and care leavers; the welfare and safeguarding of children and regulation of the social work profession. Key provisions are outlined below.
- Section 2 of the Act requires English local authorities to publish information about services they offer to care leavers to help them adapt to adulthood and living independently.
- Section 3 requires English local authorities to appoint personal advisers for care leavers up to the age of 25.
- Sections 4 and 5 place duties on English local authorities and maintained school governing bodies to promote the educational attainment of looked after and previously looked after children.
- Sections 8 and 9 ensure that children’s long-term needs and their relationship with carers are considered and prioritised in care and adoption proceedings in England and Wales.
- Sections 12 to 15 of the Act provide for the establishment of a national Child Safeguarding Practice Review Panel for England.
- The panel will identify serious child protection cases which raise issues that are ‘complex or of national importance’. Reviews of these cases will focus on lessons around how local authorities and others should work together to safeguard children.
- Reports must be published unless the panel consider it inappropriate to do so, in which case they should publish information relating to lessons learnt.
- Section 16 sets out arrangements to replace the previous model of local safeguarding children boards (LSCBs) in England.
- Safeguarding partners for a local authority area (named as the local authority, clinical commissioning group and police) are required to make arrangements to work together and with relevant agencies to safeguard and promote the welfare of children in the area.
- Under section 17, local safeguarding partners are required to identify serious child safeguarding cases which raise issues of importance to the area and, where they consider it appropriate, to arrange for these cases to be reviewed under their supervision.
- Reports on the outcomes of local child safeguarding practice reviews must be published (if this is considered appropriate) and copies given to the Secretary of State and the national Child Safeguarding Practice Review Panel.
- Section 24 requires child death review partners (the local authority and clinical commissioning group) to make arrangements for the review of each death of a child normally resident in their area and, if appropriate, the deaths in their area of children who are not normally resident.
- The purpose of these reviews is to identify matters relating to the death that are relevant to the welfare of children in the area or to public health and safety.
- Section 34 requires all schools in England (academy, independent and maintained schools) to provide relationships education to pupils receiving primary education, and relationships and sex education to pupils receiving secondary education. Regulations must detail circumstances in which pupils can be excused from receiving relationships and / or sex education.
- Section 35 requires all schools in England to provide personal, social, health and economic education (PSHE) to all primary and secondary schools pupils.
- Section 36 establishes a new regulator for social work, Social Work England (SWE).
- SWE will be a non-departmental public body, or quango.
- SWE will need to obtain the Secretary of State’s approval for professional standards.
- The Secretary of State will also have new powers to set ‘improvement standards’ for social workers and introduce assessments for practitioners.
Established a single body to make decisions about individuals who should be barred from working with children and to maintain a list of these individuals.
Merged the Independent Safeguarding Authority with the Criminal Records Bureau (CRB) to form a single, new, non-departmental public body called the Disclosure and Barring Service (DBS).
Introduced a number of reforms including the following provisions:
- Encourages ‘fostering for adoption’ which allows approved adopters to foster children while they wait for court approval to adopt.
- Introduces a 26 week time limit for the courts to decide whether or not a child should be taken into care. In some cases, this limit may be extended by eight weeks.
- ‘Staying put’ arrangements which allow children in care to stay with their foster families until the age of 21 years. This is provided that both the young person and the foster family are happy to do so.
- Introduces a single assessment process and an Education, Health and Care (EHC) Plan to support children, young people and their families from birth to 25 years. The EHC plan will replace statements of special educational needs.
Included a provision requiring school governing bodies, local education authorities and further education institutions to make arrangements to safeguard and promote the welfare of children.
Makes it a requirement for providers of internet pornography to prevent access to their material by anybody under the age of 18, and creates an age verification regulator, to publish guidelines about how this should be achieved. The regulator will have the power to fine providers that fail to comply, and require internet service providers (ISPs) to block access to any platform that makes extreme online pornographic material within the UK.
Also requires the Secretary of State to publish a code of practice for social media providers about responding to online bullying and harassment.
As amended by sections 73 and 74 of the Serious Crime Act 2015, makes provisions for FGM Protection Orders and the legal duty for regulated social care and health professionals and teachers to make a report to the police if a girl under 18 tells them she has undergone an act of FGM, or if they observe physical signs that a girl under 18 has undergone FGM.
Legislated for the recommendations in the Care Matters white paper (DfES, 2007) to provide high quality care and services for children in care. It covers England and Wales (in part) and also placed a duty on registrars to notify the Local Safeguarding Children Board of all child deaths.
Placed a duty on the then UK Border Agency to safeguard and promote children's welfare (section 55), bringing them in line with other public bodies that have contact with children.
Legislated for there to be two lay members from the local community sitting on each Local Safeguarding Children Board.
Policy and guidance
Working together to safeguard children (2015)
A guide to inter-agency working to safeguard and promote the welfare of children
The Department for Education published an updated version of the key statutory guidance for anyone working with children in England in March 2015. It sets out how organisations and individuals should work together and how practitioners should conduct the assessment of children. This latest guidance updates the previous version published in 2013.This is not a major review, but does include changes around:
- referral of allegations against those who work with children
- clarification of requirements on local authorities to notify serious incidents
- a definition of serious harm for the purposes of serious case reviews.
It also incorporates legislation and statutory guidance published over the last two years.
This release is one of a raft of new and updated guidance released by the Department for Education in recent days.
The 3 main changes are:
- The referral of allegations against those who work with children (Chapter 2, Section 5)
The new guidance makes some changes to guidance on making allegations against people who work with children. Unlike previous editions, Working Together 2015 no longer refers to Local Authority Designated Officers (LADOs). Instead it states that local authorities should have a designated officer or team of officers for the management and oversight of allegations. The 2015 guidance includes for the first time a requirement that new appointments should be qualified social workers, unless they have previous experience in the role.
- Notifiable incidents involving the care of a child (Chapter 4, Sections 13-16)
Due to some confusion from local authorities over when they are required to notify child abuse or neglect incidents to Ofsted and the relevant LSCB(s), Working Together 2015 includes a section on what constitutes a notifiable incident.
- The definition of serious harm for the purposes of Serious Case Reviews (Chapter 4, Section 17)
Following concerns flagged by the national panel of independent experts on serious case review that some LSCBs were not making the right decision on when to commission a serious case review, Working Together 2015 now includes a definition of serious harm.
Child sexual exploitation, female genital mutilation and radicalisation
Other amendments include the specification that LSCBs, local authorities and their partners should be commissioning and providing services for children at risk of sexual exploitation, female genital mutilation and radicalisation (Chapter 1, Section 17).
A notifiable incident is one involving the care of a child in which either:
- a child has died (including cases of suspected suicide), and abuse or neglect is known or suspected;
- a child has been seriously harmed and abuse or neglect is known or suspected;
- a looked after child has died (including cases where abuse or neglect is not known or suspected); or
- a child in a regulated setting or service has died (including cases where abuse or neglect is not known or suspected).
The guidance states that any incident meeting the criteria for a Serious Case Review will have met the criteria for a notifiable incident. However, it stresses that not all notifiable incidents will proceed through to Serious Case Review.
Seriously harmed includes, but is not limited to, cases where the child has sustained, as a result of abuse or neglect, any or all of the following:
- a potentially life-threatening injury;
- serious and/or likely long-term impairment of physical or mental health or physical, intellectual, emotional, social or behavioural development.
The guidance makes it clear that this definition is not exhaustive, and that serious harm can still have occurred if a child recovers from the incident. It states that LSCBs should ensure their considerations on whether serious harm has occurred are informed by available research evidence.
(Home Office, 2015)
This gives health and social care professionals, teachers and the police information on their responsibilities under the female genital mutilation (FGM) mandatory reporting duty which came into force 31 October 2015. Covers: when and how to make a report; next steps following a report; and failure to comply with the duty.
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