THE LEGAL CONTEXT OF SAFEGUARDING

A quick look back to the history of laws that have influenced the changes in relation to promoting the welfare of children, young people and adults. The 1833 Factory Act: No children were to work in factories under the age of 9 A limit to 8 hours a day for those aged 9 to 13 A limit of 12 hours a day for those aged 13 to 18 Children under 13 to receive elementary school for 2 hours What is the legal context of safeguarding

In November 1959 the united Nations issued a document declaring the rights of children which involved: The right to equality, regardless of race, colour, religion, sex or nationality. The right to healthy mental and physical development. The right to name and nationality. The right to sufficient food, housing and medical care. The right to special care, if handicapped. What is the legal context of safeguarding?

United Nations document continued: The right to love, understanding and care. The right to free education, play and recreation. The right to medical aid in the event of disaster and emergencies. The right to protection from neglect and exploitation. The right to protection from persecution and to upbringing in the spirit of world-wide brotherhood and peace.

What is the legal context of safeguarding? Every Child Matters(2003) Following the death of Victoria Climbie’s the inquiry by Lord Laming sets out his recommendations making clear that child protection cannot be separated from policies to improve children’s lives. The Children Act (2004) This Act places a duty on organisations to have regard to safeguarding children and promoting their well-being, this includes the need for all adults working with or on behalf of children, must be competent, confident and safe to do so. The Children & Family Act (2014) The Children and Families Act 2014 seeks to improve services for vulnerable children and support strong families. It underpins wider reforms to ensure that all children and young people can succeed, no matter what their background.

What is the legal context of safeguarding? The Mental Capacity Act (2005) This Act supports and protects people who may not be able to make decisions for themselves. It sets out key principles and acts as a bench mark for decision makers. The Safeguarding Vulnerable Groups Act(2006) This Act was passed following the murders in 2002 of school girls Jessica Chapman and Holly Wells by their school caretaker. It makes a number of recommendations, number 19 highlights the need for a single agency to vet all individuals wishing to work with or volunteer with children or vulnerable adults.

What is the legal context of safeguarding? The Care Act 2014 England – The Social Services and Wellbeing (Wales) Act The legal framework underpinning the protection of adults from abuse was for many years fragmented as there was no single statutory provision which placed a duty on the Local Authority to investigate and to act upon cases of suspected abuse of adults at risk. The Care Act changed this. New definition of ‘Adult at Risk: Where a local authority has reasonable cause to suspect that an adult in its area: 1.has need for care and support 2.is experiencing, or at risk of, abuse or neglect and 3.as a result of those needs Is unable to protect himself or herself against abuse or neglect or the risk of it.

What is the legal context of safeguarding? Every day we make decisions which not only impact on our own lives but on others too. Taking both the legislation and what the gospel teaches us as Christians we can see the importance of the message…. Value and treat each person with dignity and respect.