There are central legislations that inform and guide all child protection policies and procedures.

The first of these is The Children Act which was enacted into law in 1989

This legislation is a crucially important document as it both defines and puts into law the rights of children and the responsibility of authorities to ensure that these are in place. It also enshrined the concept that the welfare of the child is paramount.

Two sections that are most relevant to this course include a focus on ‘A Child in Need’ and a ‘Child in need of protection‘.

The Children Act 2004 further clarified the responsibilities and stated that safeguarding children is everyone’s responsibility.

Two important sections which the Act put into place and which now form the basis of social care and safeguarding practises are Section 17 and Section 47.

Section 17 put in place a general duty on all local authorities to ‘safeguard and promote the welfare of children within their area who are in need.’ Here, the definition of a ‘child in need’ is one who needs additional support from local authorities in order to thrive and develop their potential.

Section 47 of the Act requires the local authority to investigate the child’s circumstances where they have ‘reasonable cause to suspect that a child … is suffering, or is likely to suffer, significant harm,’ and to ‘take any action to safeguard or promote the child’s welfare.’

In addition, local authorities have a duty to provide a level and range of services to safeguard children and promote their welfare. Therefore, a local authority has a responsibility to investigate any concerns or allegations that suggest a child is likely to suffer physical, emotional or sexual abuse, or neglect, and to take action to prevent this.

Local authorities also have some responsibilities to young people over 18. This may include young people who have been ‘looked after’ and those with disabilities.

These acts were further reinforced by legislation enacted in 2010:

Working together to safeguard children (2010)

This document clarified the responsibilities for all agencies that were involved in safeguarding children, including police and health workers.

This document is regularly updated and it is a requirement for teachers to be aware of the new updates as well as the content. Updates in 2015 included information about allegations of abuse against those working with children, definitions of serious harm and notifiable incidents, preventable child deaths and whistleblowing. 

Updates in 2018 included clarifications of vulnerabilities that may put children in need of early intervention and also contextual safeguarding. This is “an approach to understanding, and responding to, young people’s experiences of significant harm beyond their families.” ( Contextual Safeguarding Network).

Keeping Children Safe in Education (first introduced in 2014)

This statutory document which applies to all schools and colleges or places of education is updated very regularly and it is mandatory for all teaching staff to be aware of these changes.

Westcountry SEN has a clear safeguarding policy in place, as should you or your organisation. This course is designed to clarify the procedures and responsibilities of all tutors and employees of Westcountry SEN.

To put this simply, we all have a responsibility 

• To ensure the welfare of children and young people at all times
• To be mindful of the well being of children (we sometimes refer to this as ‘keeping the child in our minds’)
• To know what to do if you have concerns about a child
• To be aware of potential signs or risks
• To ensure that we are also safe in our teaching procedures and know how to keep our sessions safe
• To be aware of the potential risks of online or 1:1 teaching