Child Protection Laws and Safeguarding

The assignment emphasizes the need for effective child protection laws and procedures to prevent child abuse. It highlights the importance of immediate action when child abuse is suspected, including filing a case within a deadline. The document provides references from various sources, including books, journals, and online resources.

CHILD PROTECTION
AND LEGISLATION

Table of Contents
INTRODUCTION...........................................................................................................................1
FACT-SHEET 1 → TYPES OF ABUSE........................................................................................1
Criteria 1.1...................................................................................................................................1
FACT-SHEET 2 → INDICATORS OF THE ABUSE...................................................................2
Criterion 2.1................................................................................................................................2
FACT-SHEET 3 → PROFESSIONALS WORKING TOGETHER FOR REDUCTION IN
ABUSES..........................................................................................................................................4
Criterion 3.1................................................................................................................................4
WRITTEN ADVICE FOR NURSERY MANAGER......................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Every nation within UK holds the responsibility of formulating its policies as well as
laws that hover around education, social-welfare and health. Laws are frequently formulated for
prevention of behaviour that could harm a child. This also has inclusion of required actions that
keep children same from any harm. As per the current statistics, near about 57,000 children have
been found out who need to be protected from abuse in UK (Johns, 2017). In response to this
there are nearly about 93,000 children under care within UK. So the report will throw light upon
various aspects of child abuse in UK as well as the associated legislation for protection of
children against any harm caused.
FACT-SHEET 1 → TYPES OF ABUSE
Criteria 1.1
a) Abuse : Abuse is regarded as an action purposely committed for harming other individuals.
b) Protection : Protection is defined as a type of legal-measure whose intention is preserving the
rights and civil-liberties (Hodes, Armitage and Creighton, 2016).
c) Safeguarding : With reference to the children, safeguarding is defined as the action
undertaken for the welfare as well as protection of them from any type of harm.
d) Defining 'Harm' and 'Significant-harm' : The ill-treating of or impairing
health/development of child comes under harm. Determining whether the harm is significant or
not is done by comparing him/her with another child of same age on the parameters of
development & health.
When the well-being of a child along with his/her development is getting affected in a
severe manner then, significant harm's threshold is reached.
At a given time a could be made subjected to more than one forms of abuses. The child
abuse can be classified into four official categories that have been briefly discussed below :
I. Emotional Abuse : As defined by the NSPCC, UK, maltreating the children or either the
act of neglecting them is regarded as emotional abuse. This type of abuse is usually found
out in between the relationship that exists among a child and his/her parent/carer. This is
instead not an outcome of patterned events or either a specific event. This usually occurs
when needs such as approval, consistency, affection and security are not met. All these
come under the category of developmental needs. The manifestation of child abuse could
be found out by the behavioural, affective, cognitive or either the way of physically-
1

functioning of a child (Been and et.al., 2014). Some common examples include :
insecure-attachment, unhappy, lower self-esteem, underachieved education. If the child
is found happy then there is a possibility that is getting affected by some act that is
emotionally hurting him. Also, in schools teasing by bullies may have lowered their self
esteem.
II. Sexual Abuse : The act of enforcing a child for taking part in sexual activities is termed
as sexual abuse, as defined by the NSPCC. This type of abuses occur when a child is
forced to take part in sexual activities despite considering that whether they are aware or
not. The examples include acts of violence, inappropriately touching, making them watch
inappropriate sexual-activities. In such abuses both males and females could be found to
solely perpetrate them. Often, it is found that adults for their pleasure often enforce the
children to take part in inappropriate sexual activities. This causes them sexually abused
because it is affecting them b y providing harm.
III. Physical Abuse : The act of abusing the child causing them injuries such as bruises, cuts,
burns is termed as physical abuse, as defined by NSPCC (Types of child abuse, 2017).
Such abuses usually result in actually or potentially harming a child physical way by
lesser interactions, which comes under control of parents or any other responsible or
trusted person. There is a possibility that either single or multiple repetitive incidents
could occur. Examples of such abuses include either induced or fabricated illness.
Symptoms of such abuse could not be clearly explained by aid of medical tests and
usually are observed by a parent/carer when they pay visit to their child at hospital.
Parents often ill-treat children on misbehaving. Some are found to physically beat their
children if they do not folow their instructions. This is another physical abuse because the
children are being harmed by beating thereby causing bruises and marks on their body.
IV. Neglect : The act of failing in meeting the basic needs and demnds of children is termed
as neglect, as defined by NSPCC. It could be described within the terminology of
omission in which children suffer from either impaired development or any other sort of
significant-harm. These abuses occur because of being deprived from having food,
clothes, warmness, safety, supervising, getting attached towards affection provided from
adults or providing medical-care (Darlington, Healy and Feeney, 2010). For example, not
providing adequate nutrition to child may affect his/her height or weight which might
2

turn out to be significantly lower than it should be. If child has been consistently deprived
from intellectual-simulation then he/she might be missing the classes in school. Children
are filled with anxiety. They often seek attention from friends and adults to listen to
them. But busy schedule causes the adults to neglect their basic needs thereby ignoring
them. Henceforth, this harms the child and he might go in depression as well.
FACT-SHEET 2 → INDICATORS OF THE ABUSE
Criterion 2.1
→Indicators of Emotional Abuse :-
Emotional abuse often slows down the development process of children. So, if the carer
observes that the child is unable to develop as compared to rest of children then this possible
indicator that they are being emotionally abused by some activity.
Another possible indicator is that child is facing problems in getting attached to some
person. This could mean that he is not able to trust the person because earlier his trust might have
been broken by that person. Or others breaking he trust of child might have negatively affected
the child in getting attached to some person. The carer could observe this when the child is
facing difficulty in getting attached.
Another possible indicator is when the carer observes that the child suddenly starts
reacting in a very aggressive manner.
When the child is facing problems to gain confidence regarding an act or task then is a
possible sign of emotional abuse because something has been their in his mind which is stopping
him to do the activity with full confidence.
When the carer observes that the child is having difficulty in relating himself to other
children then this is a possible indicator for the carer to observe that the child is being
emotionally abused.
Commenting on the fact that these are indicators of emotional abuse, a crucial part is
involved. These indicators are often found out to hurt the inner self of children that at times
makes them depressed. The reason that these indicators are abuse is because the child is being
emotionally affected by certain events occurring in their lives. They get affected in adverse way
which is a type of abuse only. These are found out by the behaviour shown by children. Also,
this behaviour could turn out to be an indicator of another type of abuse as well.
3

→Indicators of Sexual Abuse :-
Often the children to have sexual-knowledge which is very inappropriate considering
their age. This is a possible sign they are being abused by someone that is they are being sexually
abused.
Children are often found to commit the act of suicide because of being enforced in sexual
conducts. In this case there is a possibility that are being abused by their close family members
itself.
Another possible indicator is that the child is found to draw drawings of the genital parts
that consistently hover in their minds because of being abused. The carer could easily observes
this as a sign of sexual abuse upon the child. Furthermore, the observing of blood traces on the
under clothes of child is another possible indicator of child getting sexually abused.
This also affects the concentration power of the child and causes him difficulty in
learning new methods. This is easily observable by the carer.
Both types of gender in children could be found out out to be the victims of sexual abuse
(Ferguson, 2011). The inappropriate acts done to a child affect their physical health and poses a
impact on their behaviour as well. The child is unable to cope up with extra curricular activities
and does not effectively takes part in any other conversations with friends or family.
→Indicators of Physical Abuse :-
The most significant indicator of physical abuse is the observing of bruise marks on the
body parts of children. Another indicator is when the carer observes that the body parts of child
are swelled up. Also the observing of burn marks and scars on the body of child is another
indicator for the carer that the child is being physically abused.
Such abuses affects the child's body in an adverse manner. The child could possibly lose
their certain abilities of walking, talking etc. because of such an abuse. Such abuses could also
possibly cause death to a child if severe injuries are observed.
→ Indicators of Neglect :-
When the child is significantly shorter or is under-weighted than he/should be as per the
chronological-age. Then this the possible indicator for neglecting of the child.
Another possible indicator is that when the skin of child is found out to be either in poor
condition it is coldly mottled. Also,the swelling of the limbs when observed is certain act of
4

failure in fulfilling the basic needs of nutrition for the child. The delay in healing of the sores
and cuts is another possible indicator of neglect.
Act of neglecting often causes some serious problems or diseases to a child. However,
these acts of neglect are very difficult to observe. Act of neglecting often affects the health of
child (Stafford and et.al., 2011). So in order for finding them, proper health and social care
professionals should be considered.
→ The version that is provided by the person regarding child abuse must match and be
consistent with the observing of injuries. This could be understood by the fact that when injuries
are found on the legs or arms of child then there is a possibility that he might have fallen or met
with accident. This can't be treated as a sign of abused until proven by the truthful statements of
child itself. There might be occurrences of case where medical examination might be required to
determined whether the caused injuries are accidental or result of abuse. If the carer refuses for
the medical examination then, help could be taken by the Child Assessment Order (Working
Together to Safeguard Children 2015, 2017).
→ As stated by the section 47 of Children Act, 1989, duty is effectively laid down for
significantly identifying whether the child has been suffering from a harm or is at a risk of being
harmed.
FACT-SHEET 3 → PROFESSIONALS WORKING TOGETHER FOR
REDUCTION IN ABUSES
Criterion 3.1
Civil-law and criminal-law are the two broad categories of legislation that cover child-
protection. Civil law has been further divided into public and private laws. Under public-law
risks imposed on children are minimised and also the required action which has to be taken when
child is found under risk. On the other hand, private laws allows the professionals to carry with
the family proceedings. The criminal-law deals with individuals who offend against children.
Keeping all these in mind, NSPCC was formulated in 1884 in order to influence and draft the
legislation for protecting the childrens.
Existence of laws regarding child-abuse has been observed at local, federal as well as
state levels. The federal government in the year 1974 passed the Child Abuse Prevention and
Treatment Act (CAPTA), and in 2010 reauthorized it. Under this legislation, all the children are
5

assured to be treated in an ethical, legal as well as fair manner. This act also protect a child from
any form of emotional, physical, neglect and sexual abuses.
The currently followed child protection system is on the basis of The Children Act of
1989. It formulates a list of details regarding local authorities the methodology that court shall
adopt for protecting the child's welfare. Its section 31 enables the NSPCC (National Society For
Prevention Of Cruelty To Children) necessary power to directly imply court's orders if as per it,
any child is likely to suffer significant harms (Child protection in the UK, 2017). The act defines
the 'harm' as a type of ill-treatment or impaired/develpment health. But no specific claims have
been mentioned about 'significant-harm'. So, its the court's responsibility for deciding what could
possibly be a significant harm by observing each an every aspect of case. Furthermore, Acts such
as the Criminal Justice and Immigration, 2008, causes the people who sexually abuse children,
face the prosecution in UK. In addition the children are also provided necessary justice as well
as protection regarding sexual abuses by The Sexual Offences Act of 2003.
A certain set of professionals are established as mandatory-reporters by aid of mandatory
reporter laws. If any sort of abuse is suspected to be occurring on a child, then mandatory laws
enables the people closely working with children within their profession, to alert the police. Also
these laws have further stated that penalties will be there if failure is observed in the reporting of
abuse.
For filing a lawsuit, statue of limitations provides the deadline. According to this, lawsuit
should be filed within the time limit as soon as the crime has been occurred or discovered.
As stated by the Paramountcy Principle ( Section 1 in Children Act, 1989), three main
principles have been set up. The main paramount involved is the ensuring of welfare of child.
Secondly, the welfare of children gets prejudiced if any delay is there in the ensuring of welfare.
Thirdly, no order should be formulated by the court until & unless this order is benefiting the
child by ensuring the welfare instead of no-order.
The social workers, police, healthcare professionals are also there for ensuring the
welfare of the children. If any sort of harm or abuse is observed then the people could consult
police for taking care of necessary investigation needed (Children Act 1989, 2017). Also, to
determine whether injuries observed is accidental or abuse, medical examinations would be
required which will involve the role of healthcare professionals. When the carers cause problem
6

in investigation of police and no legal activities carried then the social play a key role of
protecting the welfare of the children who are unable to express themselves.
Also, the document of Working-Together-to-Safeguard-Children-2015, stated that the
safeguarding of the rights of children and welfare of them is responsibility of every person.
Every professional along with organization should fully participate in safeguarding of the rights
and protection of children. Furthermore, t he formulated services must posses a child-centric
approach. They need to clearly take in consideration the viewpoints and requirements of
children.
WRITTEN ADVICE FOR NURSERY MANAGER
As per the current statistics more than 6,000 children in UK have been referred to
the child services. Also, as per the standards set by EYFS Framework of 2017, school as well as
providers of child-care have to meet them (EYFS Statutory Framework, 2017). This is in order
for ensuring that all children under 5 are able to learn, develop and also cared about.
Furthermore, Lord Laming's report of Victoria Climbie's death led to the formulation of driving
towards integrated working by the Labour Government. Since then the Children Act, 2004 has
been followed. This act has led to the setting up of Children services Departments for providing
social-services to the children. Also, Children's Trust along with Safeguarding boards. These
boards enable regular meetings of agencies for implementing of the safeguarding practices of
children. Furthermore, ECM(Every child matters has been provided the leagal ability for taking
the safeguarding measures. Also, this act also initiated the role of a Children's Commissioner for
ensuring the safeguarding of children. In addition to this, for encouraging the multi-agency
working, Common-Assessment-framework was also formulated by the Labour Government.
As mentioned above, my advice is based upon te current legislation and guidance
provided by the policies. Yasmin always wants to be in charge of her activities. This makes her
go into a state of distress when other children do not follow her. This trait of behaviour might be
a possible outcome or indicator of emotional abuse. If any children does not listen to her, she
suddenly gets aggressive which is an indicative of dealing with stress or fear that she might be
neglected by other children. Her inappropriate behaviour from the past 3 months is possible
indicative that she is definitely suffering from some kind of abuse in the nursery. This could be
said so because she for long hours watches TV and also in her art works, she keeps on drawing
circles. As defined by the sexual abuse definition in UK, there is possibility that Yasmin could
7

have watched some inappropriate content that have caused such a behaviour (Been and et.al.,
2014). Henceforth, general manager should carry on further investigation and if any case of
sexual abuse is found out then, as per the Sexual Offences Act, necessary prosecutions should be
carried out.
Also, as stated by Yasmin to Vicky, she is tensed about the relationship of her mother and
her boyfriends. She is emotionally getting abused which is directly affecting her behavioural
traits. There is a possibility that her mother's friends have been sexually abusing her or ill
treating because of which she is showing this concern So this could possibly come under both
physical and sexual abuses. Also, she might have seen them fighting which have emotionally
impacted her. Also, the abusive behaviour shown by her towards the other children could be the
possible result of emotional abuse being faced by her.
The symptoms which are currently observed in case of Yasmin are a result of emotional
abuse and if proper investigation is carried it is possible that a case of sexual abuse is also to be
there. So, NSPCC shall be consulted to directly do the prosecution in court under the clauses of
CAPTA, The Sexual Offences Act, Criminal Justice and Immigration Act, The Children Act
(Humphreys and Absler, 2011). The clause of Sexual Offences Act and Criminal Justice and
Immigration Act shall be used only if necessary evidences and in case evidence are not found
Yasmin could be treated in proper way so that she confesses her reason for such behaviour. Also,
the EYFS Framework of 2017 could be referred for consulting multi agencies for safeguarding
the rights of Yasmin. Also, as per the section of 17 in children act, 1989, Yasmin is the child in
need that has to be safeguarded. If examining by doctor is hindered then the section 43 of
Children act,1989 could be referred by implementing child assessment Order (Cheminais, 2014).
Furthermore, for the aspect of future, on account of abuse done from the family members,
immediate removing from home should be done as the section 44 of children act, 1989. The
happenings that could occur in the future, the section 31 of Children Act, 1989 should be
consulted which will ensure Care-Proceedings.
CONCLUSION
In every possible manner child should be provided protection from any sort of abuses.
The legislations of UK are pretty much effective enough to carry on with the prosecution of such
cases. Filing of case should be immediately done within the deadline as the discovery of any
such child-abuse is observed. In addition, every citizen must try to be aware about their
8

surrounding environment. They should immediately alert police if any sort of child-abuse is
observed so that children could be provided a safe environment that prevents them from any
harm.
9

REFERENCES
BOOKS AND JOURNALS
Been, J. V., and et.al., 2014. Effect of smoke-free legislation on perinatal and child health: a
systematic review and meta-analysis. The Lancet,. 383(9928). pp.1549-1560.
Darlington, Y., Healy, K. and Feeney, J. A., 2010. Challenges in implementing participatory
practice in child protection: A contingency approach. Children and Youth Services
Review. 32(7). pp.1020-1027.
Ferguson, H., 2011. Child protection practice. Palgrave macmillan.
Stafford, A., and et.al., 2011. Child protection systems in the United Kingdom: A comparative
analysis. Jessica Kingsley Publishers.
Johns, R., 2017. Using the law in social work. Learning Matters.
Humphreys, C. and Absler, D., 2011. History repeating: Child protection responses to domestic
violence. Child & Family Social Work. 16(4). pp.464-473.
Hodes, D., Armitage, A. and Creighton, S. M., 2016. Female genital mutilation in children
presenting to a London safeguarding clinic: a case series. Archives of disease in
childhood. 101(3). pp.212-216.
Cheminais, R., 2014. Every Child Matters: A practical guide for teachers. Routledge.
ONLINE
Child protection in the UK, 2017. [Online]. Available Through : <www.nspcc.org.uk/preventing-
abuse/child-protection-system/>. [Accessed On : 10th June 2017].
Types of child abuse, 2017. [Online]. Available Through : <www.nspcc.org.uk/preventing-
abuse/child-abuse-and-neglect/>. [Accessed On : 22nd June 2017].
Working Together to Safeguard Children 2015, 2017. [Online]. Available Through :
<www.safeguardinginschools.co.uk/working-together-to-safeguard-children-2015/>.
[Accessed On : 22nd June 2017].
Children Act 1989, 2017. [Online]. Available Through :
<http://www.legislation.gov.uk/ukpga/1989/41/contents>. [Accessed On : 22nd June
2017].
10

EYFS Statutory Framework, 2017. [Online]. Available Through :
<http://www.foundationyears.org.uk/eyfs-statutory-framework/>. [Accessed On : 22nd
June 2017].
11