Current Legislation in Child Protection and Safe Guarding

Current legislation, guidelines, policies and procedures within Northern Ireland affecting the safeguarding of children and young people.

Law and guidance regulate the way you should work with children in your childcare setting to support and encourage their well-being and safeguard them from abuse and maltreatment. Legislation provides a comprehensive instruction on what must be attained in respect to child protection and safeguarding. Whereas Legal guidance is more precise and provides details on how the law ought to be applied and fulfilled in early years settings and services. Laws and statutory regulation are compulsory and should reinforce policies and procedures that are used in your setting.

Identify the current legislation, guidelines, policies and procedures for safeguarding the welfare of children and young people.

Following the death of Peter Connelly (baby P), a 17 month old baby who died in London after sustaining more than 50 injuries, over an eight month period. The child protection services and other agencies widely failed him which lead to the introduction of The Childcare Act 2006. This was the first law fully pledged to the care of early years. This introduced Early Years Foundation Stage (EYFS) which sets standards for the learning, development and care of children from birth to five years old. All schools and Ofsted register providers adhere to the guidelines set in the EYFS.

In a childcare setting these are the Acts that each policy and procedure cover and safe working practices that ensure the following: Information sharing – Legal framework, Data Protection Act 1998 and Human Rights Act 1998, Children Act 1989 and Every Child Matters, Safeguarding Vulnerable Groups Act 2006, Protection of Children Act, Working Together to Safeguard Children 2006 (updated in 2010) and The Protection of Children in England: A progress report 2009.

any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act which presents an imminent risk of serious harm. (as cited in ?The Child Abuse,? 2010, p. 6)

Child Protection aims at prevention and reactions in relation to exploitation, violence, and abuse against children. Children obtain protection against activities such as sexual exploitation, labor, trafficking, and harmful traditional practices. Most children are vulnerable to these abuses hence require much protection for full growth and development.

The term ‘child protection’ refer to preventing and responding to violence, exploitation and abuse against children – including commercial sexual exploitation, trafficking, child labour and harmful traditional practices, such as female

1.1 Identify the current legislation, guidelines, policies and procedures of safeguarding the welfare of children and young people

This is when children are suffering from any form of abuse or neglect. It also involves protecting children and young people from maltreatment and preventing impairment of a child’s health and development by ensuring

(2017). Title 37 Juveniles Chapter 1 Juvenile Courts and Proceedings Part 1 General Provisions. Retrieved from

of those laws is The Child Abuse Prevention and Treatment Act which was amended and

Child maltreatment: “Federal law defines child abuse and neglect as any recent act, or failure to act, on the part of a parent or caretaker that results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act that presents an imminent risk of serious harm to a child” (“Child Abuse and Maltreatment,”

The Child Protection (Offenders Registration) Act 2000 provides a register for offenders whom fall under a certain criteria. This criteria aims at those whom have committed offences including; the murder of and/or sexual intercourse (wether attempted or achieved) with a child. Other offences include acts of indecency, possession or involvement with any form of child pornography, offences regarding the abduction or attempted adduction of a child, filming a child for indecent purposes, and many other related offences according to the Australian Legal Information Institute.

Civil law is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim. For instance, if a car crash victim claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case.[1] Civil law differs from criminal law, whose emphasis is more on punishment than in dispute resolution. The law relating to civil wrongs and quasi-contract is part of the civil law.[2]