Safeguarding

Legislation and guidance Summarised below are key pieces of legislation of particular relevance to safeguarding. Children Act 2004 Section 10 places a duty on each local authority to make arrangements with relevant agencies to cooperate to improve the wellbeing of children (i.e. people under the age of 18). Section 11 gives a range of organisations, including local authorities, the police and health services, the duty to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children. http://www.opsi.gov.uk/Acts/acts2004/ukpga_20040031_en_1 Safeguarding Vulnerable Groups Act 2006 Provides the legislative framework for the introduction of a new vetting and barring scheme for those working with children and vulnerable adults. The scheme is the Government’s response to Recommendation 19 of the Bichard enquiry, 2004: “New arrangements should be introduced requiring those who wish to work with children, or vulnerable adults, to be registered. This register – perhaps supported by a card or licence – would confirm that there is no known reason why an individual should not work with these client groups.” The primary aim of the scheme is to bar individuals from working in situations where evidence suggests that they present a risk of harm, to children or vulnerable adults. The new vetting and barring scheme, now know as the Independent Safeguarding Authority Scheme is due to be implemented in October 2009. http://www.opsi.gov.uk/ACTS/acts2006/ukpga_20060047_en_1 Education Act 2002 Section 175 places a duty on local authorities, maintained schools, further education institutions including sixth form colleges, to carry out their function with a view to safeguarding and promoting the welfare of children and young people. Section 157 places the same duty on independent schools, including academies and technical colleges. http://www.opsi.gov.uk/ACTS/acts2002/ukpga_20020032_en_1 2 Rehabilitation of Offenders Act 1974 ((Exceptions) Order 1975 as amended): Makes certain regulated activity (i.e. work with children) exempt from the ROA and therefore requires an individual to be subject to an Enhanced Criminal Records Bureau Disclosure Check. http://www.opsi.gov.uk/si/si2003/20030965.htm Working Together to Safeguard Children 2006 States that ‘all agencies and individuals should aim to proactively safeguard and promote the welfare of children so that the need for action to protect children from harm is reduced’. http://www.everychildmatters.gov.uk/socialcare/safeguarding/workingtogether/ Every Child Matters: Change for Children, 2004 Sets out the national framework for change programmes to build services around the needs of children and young people so that we maximise opportunity and minimise risk. It highlights five outcomes that are key to the wellbeing of children and young people all of which are underpinned by the Children Act 2004: 1) Stay safe 2) Be healthy 3) Enjoy and achieve 4) Make a positive contribution 5) Achieve economic wellbeing http://www.everychildmatters.gov.uk/publications/ The Equality Act 2006 On 6th April 2007, the Gender Equality Duty came into force. Gender Equality aims to promote equal opportunities between men and women, including transgender people, and to eliminate discrimination and harassment. The equality act 2006 amends the Sex Discrimination Act to place a statutory general duty on employers when carrying out their functions to have due regard to the need: - To eliminate unlawful discrimination and harassment - To promote equality of opportunity between men and women http://www.opsi.gov.uk/Acts/acts2006/ukpga_20060003_en_1