APPENDIX 1: Statutory Framework |
AMENDMENTS
This chapter was revised in June 2010 to take account of the changes in Appendix 1 of Working Together to Safeguard Children 2010. The specific changes are shown in blue italics.
Contents
1. INTRODUCTION
| 1.1 | The following material is extracted from Appendix 1 of Working Together to Safeguard Children 2010. |
| 1.2 | All organisations that work with children and families share a commitment to safeguard and promote their welfare. For many agencies this is underpinned by a statutory duty or duties. |
| 1.3 | Appendix 1 briefly explains the legislation most relevant to work to safeguard and promote the welfare of children. |
2. CHILDREN ACT 2004
| 2.1 | S.10 requires each local authority to make arrangements to promote co-operation between the authority, each of the authority's relevant partners (see the table below) and such other persons or bodies, working with children in the local authority's area, as the authority consider appropriate. |
| 2.2 | The arrangements are to be made with a view to improving the well-being of children in the authority's area - which includes protection from harm or neglect alongside other outcomes. This section of the Children Act 2004 is the legislative basis for children's Trust arrangements. |
| 2.3 | S.11 requires a range of organisations (see Table: Bodies Covered by Key Duties) to make arrangements for ensuring that their functions, and services provided on their behalf, are discharged having regard to the need to safeguard and promote the welfare of children. |
| 2.4 | S.12 enables the Secretary of State to require local authorities to establish and operate databases relating to the s.10 or s.11 duties (above) or the s.175 duty (see below), or to establish and operate databases nationally. |
| 2.5 | The section limits the information that may be included in those databases and sets out which organisations can be required to, and which can be enabled to, disclose information to be included in the databases. |
| 2.6 | Section 12A was inserted by section 194 of the Apprenticeships, Skills Children and Learners Act 2009 and requires the co-operation arrangements made under section 10 to include the establishment of a Children's Trust Board. |
| 2.7 | S.13 requires a range of organisations (see Table: Bodies Covered by Key Duties) to take part in Local Safeguarding Children Boards (LSCBs) |
| 2.8 | Ss13-16 set out the framework for LSCBs, and the LSCB regulations set out the requirements in more detail in particular on LSCB functions. |
| Please click here to view 'Table: Bodies covered by key duties' | |
3. EDUCATION ACT 2002
| 3.1 | S.175 puts a duty on local education authorities, maintained (state) schools, and further education institutions, including sixth form colleges, to exercise their functions with a view to safeguarding and promoting the welfare of children - children who are pupils and students under 18 years of age, in the case of schools and colleges. |
| 3.2 | The same duty is put on Independent schools, including Academies, by regulations made under s.157 of that Act. |
4. CHILDREN ACT 1989
| 4.1 | The Children Act 1989 places a duty on councils with social services responsibilities (CSSRs) to promote and safeguard the welfare of children in need in their area. |
| 4.2 | 'It shall be the general duty of every local authority to safeguard and promote the welfare of children within their area who are in need; and so far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children's needs' [s.17 Children Act 1989] |
| 4.3 | The primary focus of legislation about children in need is on how well they are progressing and whether their development will be impaired without the provision of services (s.17 (10) Children Act 1989). |
| 4.4 | It also places a specific duty on other local authority services and health bodies to co-operate in the interests of children in need in s27. S.322 of the Education Act 1996 places a duty on social services to assist Children's Services (Education) where any child has special educational needs. |
| 4.5 | 'Where it appears to a local authority that any authority or other person mentioned in sub-section (3) could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of that other authority or persons, specifying the action in question. |
| 4.6 | An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions. |
| 4.7 | The persons are any:
|
| 4.8 | Under Section 47 of the Children Act 1989, the same agencies are placed under a similar duty to assist local authorities in carrying out enquiries into whether or not a child is at risk of significant harm. |
| 4.9 | Section 47 also sets out duties for the local authority itself, around making enquiries in certain circumstances to decide whether they should take any action to safeguard or promote the welfare of a child. |
| 4.10 | 'Where a local authority are (a) informed that a child who lives, or is found, in their area is the subject of an emergency protection order, or is in police protection; (b) have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or likely to suffer, significant harm, the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child's welfare' [Section 47(1) Children Act 1989] |
| 4.11 | Under s.17 of the Children Act 1989, CSSRs carry lead responsibility for establishing whether a child is in need and for ensuring services are provided to that child as appropriate. This does not require CSSRs themselves necessarily to be the provider of such services. |
| 4.12 | S.17 (5) of the Children Act 1989 enables the CSSR to make arrangements with others to provide services on their behalf. |
| 4.13 | Every local authority shall facilitate the provision by others (including in particular voluntary organisations) of services which the authority have power to provide by virtue of this section, or section 18, 20, 23 or 24; and may make such arrangements as they see fit for any person to act on their behalf in the provision of any such service [s.17 (5) Children Act 1989]. |
| 4.14 | Section 53 of the Children Act 2004 amends both section 17 and section 47 of the Children Act 1989, to require in each case that before determining what services to provide or what action to take, the local authority shall, so far as is reasonably practicable and consistent with the child's welfare:
|
|
|
| 4.15 | There are a range of powers available to local authorities and their statutory partners to take emergency action to safeguard children. |
| 4.16 | 'The court may make an emergency protection order under s.44 if it is satisfied that there is reasonable cause to believe that a child is likely to suffer significant harm if s/he is not removed to accommodation or does not remain in the place in which s/he is then being accommodated |
| 4.17 | An emergency protection order may also be made if Section 47 enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and the applicant has reasonable cause to believe that access is needed as a matter of urgency' [s.44]. |
| 4.18 | An emergency protection order gives authority to remove a child, and places the child under the protection of the applicant for a maximum of eight days (with a possible extension of up to 7 day'. |
|
|
| 4.19 | The court may include an exclusion requirement in an emergency protection order or an interim care order (s.38A and 44A ) This allows a perpetrator to be removed from the home instead of having to remove the child. |
| 4.20 | The Court must be satisfied that :
|
|
|
| 4.21 | Under s.46 of the Children Act 1989, where a police officer has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, s/he may:
|
| 4.22 | No child may be kept in police protection for more than 72 hours. |
| 5.1 | Under s.12, housing authorities are required to refer homeless persons with dependent children who are ineligible for homelessness assistance or are intentionally homeless, to Children's Social Care, as long as the person consents. |
| 5.2 | If homelessness persists, any child in the family could be in need. In such cases, if Children's Social Care decides the child's needs would be best met by helping the family to obtain accommodation, it can ask the housing authority for reasonable assistance in this and the housing authority must respond. |
End