4.1. Identify relevant legislation, national policies and local systems that relate to safeguarding and protection from abuse.

Course- Level 3 diploma in care (RQF)

Unit 7 – Safeguarding and Protection in Care Settings

L.O 4 – Understand the national and local context of safeguarding and protection from abuse

4.1. Identify relevant legislation, national policies, and local systems that relate to safeguarding and protection from abuse.

There are a variety of relevant legislation, national policies, and local systems that relate to safeguarding and protection from abuse.

Legislation can vary from country to country, but may include items such as the following:

• Child Protection Acts/Regulations
• National Crime Agency’s (NCA) Serious and Organised Crime Strategy
• Human Rights Acts/Charter/Declaration
• Data Protection Acts/Regulations
• Freedom of Information Act (FOIA) 2000

Child Protection Acts/Regulations:

Within the UK, safeguarding and protecting children is governed by a number of Acts/Regulations:

• The Children Act 1989 (amended in 2006) which focuses on children who are “in need” and provides protection to any child at risk of harm; this may encompass physical abuse, emotional abuse or neglect.
• The Children (Leaving Care) Act 2000 ensures that young people leaving care have been prepared for independent living.
• The Adoption and Children Act 2002 covers all aspects of adoption including locating suitable families for children requiring adoptions, matching them with pregnant women wishing to place their child for adoption and making arrangements for the after-care of adopted children. There are several sections within the Act of particular relevance for child protection.
• The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2003: This is a more recent Act and provides additional safeguards to children and encompasses prevention, punishment and investigation of offences against children.

National Crime Agency’s Serious and Organised Crime Strategy:

The NCA has stated its aim to reduce harm caused by organised crime across sectors such as finance, health, media, manufacturing etc through disrupting criminals’ ability to operate as well as targeting individuals involved in serious crime with appropriate sanctions. In order to do this it will create an “organised crime threat assessment” which will identify the level of risk from criminal activity including that with a domestic abuse dimension.

Human Rights Act/Charter/Declaration:

The rights of the child is an important focus for children’s services and agencies. The UN Convention on the Rights of the Child (UNCRC) outlines how countries should respect, protect and fulfill every child’s rights regardless of their status within society or as a migrant. Countries that sign up to UNCRC commit themselves to do all they can to ensure that children grow up with these rights – it is not always legally binding but does require regular reports on progress made towards meeting its obligations.

Data Protection Acts/Regulations:

Within the UK data protection and privacy regulations are paramount in protecting individuals. Personal data must be processed fairly and lawfully and either obtained directly from the individual concerned or given their explicit consent. Sensitive data such as political opinions, religious beliefs and illnesses should not be processed unless it is absolutely necessary. Organisations should ensure individuals are aware of what their information will be used for and keep any personal data securely.

Freedom of Information Act (FOIA) 2000: 

The FOIA prohibits public bodies from disclosing certain categories of information about a person to the general public without that person’s permission, subject only to certain specified exemptions.

Policies relating to safeguarding and protection from abuse may include:

• Safeguarding Children and Young People Policy
• Protection from Abuse Policy

Safeguarding Children and Young People Policy:

This sets out how the organisation will fulfil its safeguarding responsibilities by identifying procedures for establishing a child protection plan, risk assessment and management of risks to children.

Protection from Abuse Policy:

This covers all forms of abuse including physical, emotional, sexual and neglect which may be suffered by children either in their own homes or care settings such as after-school clubs/sessions etc.

Local systems that may be in place to safeguard and protect individuals include:

• Schools Safeguarding Board
• Health Trust Safeguarding Adults Committee (HTSAC)
• Protection of Vulnerable Groups Scheme (PVGS)
• Police Protection Orders (PPOs)

Schools Safeguarding Board:

This is a multi-agency group which ensures that the necessary work and practice around safeguarding children takes place within schools. The board has a duty to produce policies, guidance and training for its member agencies and the wider community.

Health Trust Safeguarding Adults Committee:

A committee with membership from relevant statutory and non-statutory organisations meets regularly to oversee the implementation of procedures in relation to safeguarding adults who may be vulnerable because of age or disability etc.

Protection of Vulnerable Groups Scheme (PVGS):

Provisions under this scheme allow arrangements for protecting vulnerable groups including, amongst others, those who are physically, mentally or otherwise unable to protect themselves; those found by a court to require special treatment to protect them from harm; and those people whose activities are subject to statutory control or who may be at risk from persons engaged in unlawful activities. The scheme requires a vetting process for anyone wishing to work with children/vulnerable adults.

Police Protection Orders:

A PPO can be granted by a police officer if they reasonably suspect that a person poses a threat of serious, immediate violence towards an identified victim(s). They can also apply if the person is engaging or has recently engaged in behaviour that caused or was likely to cause harassment, alarm or distress. A PPO lasts for 24 hours and could include requirements such as not contacting named individuals and removal from certain geographical area etc.

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