Advanced Safeguarding Legislation and Guidance

Advanced Safeguarding Legislation and Guidance

Key Legislation

Children Act 1989

Key provisions:

  • Section 17: Duty to safeguard and promote the welfare of children in need
  • Section 47: Duty to investigate when there’s reasonable cause to suspect significant harm
  • Section 31: Threshold criteria for Care Orders and Supervision Orders

Implications for DSLs:

  • Understanding thresholds for intervention
  • Recognizing the local authority’s duties and powers
  • Balancing parental rights with child protection needs

Children Act 2004

Key provisions:

  • Section 10: Duty to cooperate to improve children’s well-being
  • Section 11: Duty to safeguard and promote the welfare of children
  • Section 13: Establishment of Local Safeguarding Children Boards (now replaced by Safeguarding Partnerships)

Implications for DSLs:

  • Recognizing the importance of multi-agency working
  • Understanding the setting’s duty to cooperate with local authorities
  • Engaging with local safeguarding arrangements

Childcare Act 2006

Key provisions:

  • Section 40: Duty to comply with the welfare requirements of the Early Years Foundation Stage
  • Section 68: Provision of information about young children: England

Implications for DSLs:

  • Ensuring compliance with EYFS safeguarding and welfare requirements
  • Understanding information sharing duties and permissions

Safeguarding Vulnerable Groups Act 2006

Key provisions:

  • Establishment of the Disclosure and Barring Service (DBS)
  • Definitions of regulated activity
  • Barring of unsuitable individuals from working with children

Implications for DSLs:

  • Ensuring robust safer recruitment practices
  • Understanding when to make DBS referrals
  • Managing allegations against staff or volunteers

Children and Social Work Act 2017

Key provisions:

  • Replacement of Local Safeguarding Children Boards with new local safeguarding partner arrangements
  • Establishment of Child Safeguarding Practice Review Panels
  • New relationships and sex education requirements for schools

Implications for DSLs:

  • Engaging with new local safeguarding arrangements
  • Understanding the process for local and national child safeguarding practice reviews
  • Ensuring compliance with new curriculum requirements (for school-based DSLs)

Detailed Exploration of ‘Working Together to Safeguard Children’

Core Principles

  • Safeguarding is everyone’s responsibility
  • Child-centered approach
  • Early help is better than reaction

Key Updates in the 2018 Version

  • New safeguarding partner arrangements
  • Child death review partner arrangements
  • Data protection and information sharing

Assessing Need and Providing Help

  • Early help assessment process
  • Referral requirements
  • Statutory assessments under the Children Act 1989

Organizational Responsibilities

  • Section 11 duties
  • Early years providers’ specific responsibilities
  • The role of schools and colleges

Multi-agency Working

  • Safeguarding partners and relevant agencies
  • Information sharing protocols
  • Dispute resolution procedures

Implications for DSLs:

  • Understanding the setting’s role within the wider safeguarding system
  • Implementing effective information sharing practices
  • Engaging in multi-agency safeguarding arrangements

Understanding Keeping Children Safe in Education (KCSIE)

Note: While KCSIE is specifically for schools and colleges, its principles are valuable for all DSLs.

Part One: Safeguarding Information for All Staff

  • Types of abuse and neglect
  • Specific safeguarding issues (e.g., child sexual exploitation, female genital mutilation)
  • What staff should do if they have concerns about a child

Part Two: The Management of Safeguarding

  • The role of the Designated Safeguarding Lead
  • Inter-agency working
  • Information sharing
  • Online safety

Part Three: Safer Recruitment

  • Recruitment and selection process
  • Pre-appointment checks
  • Single central record

Part Four: Allegations of Abuse Made Against Teachers and Other Staff

  • Duties of employers and employees
  • Initial considerations
  • Supporting those involved

Part Five: Child-on-Child Sexual Violence and Sexual Harassment

  • Responding to reports
  • Risk assessment
  • Action following a report

Implications for DSLs:

  • Ensuring all staff are familiar with Part One
  • Implementing robust safeguarding procedures in line with Parts Two and Three
  • Managing allegations effectively as per Part Four
  • Responding appropriately to peer-on-peer abuse

Local Safeguarding Partner Arrangements

Structure of New Arrangements

  • Three safeguarding partners: local authority, clinical commissioning group, police
  • Relevant agencies
  • Schools and early years providers as relevant agencies

Key Functions

  • Identifying and responding to the needs of children
  • Commissioning and publishing local child safeguarding practice reviews
  • Providing scrutiny through independent review of local arrangements

DSL Engagement with Local Arrangements

  • Understanding local thresholds for intervention
  • Participating in local safeguarding initiatives
  • Accessing local training and resources

Multi-agency Safeguarding Arrangements (MASA) Documents

  • Familiarizing with local MASA documents
  • Understanding local priorities and procedures

Implications for DSLs:

  • Actively engaging with local safeguarding partners
  • Ensuring the setting’s practices align with local arrangements
  • Utilizing local resources and support

Understanding and effectively implementing safeguarding legislation and guidance is crucial for Designated Safeguarding Leads. This knowledge forms the foundation for all safeguarding activities within the setting. As we progress through the course, we will continually refer back to these key documents, exploring how they inform and shape best practice in safeguarding.

Remember, legislation and guidance are regularly updated. As a DSL, it’s your responsibility to stay informed about any changes and ensure your setting’s practices remain compliant and effective in safeguarding children.