Unit 2.2 understand legislation relating to the safeguarding, protection and welfare of children.
1. Understand legislation and guidelines for the safeguarding, protection and welfare of children.
Health and Safety at Work Act (1974) The Health and Safety at Work Act 1974 provides the legal framework to promote, stimulate and encourage high standards of health and safety in places of work. It protects employees and the public from work activities.
Employers must take reasonable steps to protect the health and safety of staff and visitors
• Employers must have written health and safety policy.
• The building must be kept safe.
• Staff have a duty to report any safety issues.
Health and Safety Regulations 1981
(First-Aid) The Health and Safety (First-Aid) Regulations 1981 require employers to provide adequate and appropriate equipment, facilities and personnel to ensure their employees receive immediate attention if they are injured or taken ill at work. These Regulations apply to all workplaces including those with less than five employees and to the self-employed.
• trained first-aiders are needed in the workplace.
• need to know what is included in a first-aid box and if a first-aid room is required.
• Employers should carry out an assessment of first-aid needs to determine what to provide.
EYFS safeguarding and welfare requirements
• There are always first aiders present with a current or up-to-date paediatric first aid qualification.
The Reporting of Injuries, Diseases Dangerous Occurrences Regulations 1995 (RIDDOR) It is a legal requirement to report incidents and ill health at work and the information gathered enables the Health & Safety Executive (HSE) and other agencies to gather the information about how and why risks arise and to investigate serious incidents. The following must be reported:
• major injuries
• over-7-day injuries – where an employee or self-employed person is away from work or unable to perform their normal work duties for more than 7 consecutive days
• injuries to members of the public or people not at work where they are taken from the scene of an accident to hospital
• Gas Safe registered gas fitters must also report dangerous gas fittings they find, and gas conveyors/suppliers must report some flammable gas incidents.
EYFS safeguarding and welfare requirements:
• Accidents, incidents and emergencies are recorded and parents are informed as soon as possible afterwards.
The Control of Substances Hazardous to Health (COSHH) 2002 Is the law that requires employers to control substances. Under the Control of Substances Hazardous to Health Regulations (COSHH, 2002) employers are required to either prevent, reduce or control exposure to hazardous substances in order to prevent ill health to their workers.
• hazards and risks are not limited to substances labelled as ‘hazardous’.
• cleaning materials are kept in locked cupboards.
• disposable gloves and aprons are provided for cleaning.
The Manual handling Operations Regulations (1992) These regulations are about preventing injuries or accidents when members of staff are lifting objects or people.
The MHOR 1992 set out a clear ranking of measures for dealing with risks from manual handling, these are:
• first: avoid hazardous manual handling operations so far as is reasonably practicable
• second: assess any hazardous manual handling operations that cannot be avoided (risk assessment)
• third: reduce the risk of injury so far as is reasonably practicable
• staff need to be trained to lift safely
• requirement for equipment to be provided when needed.
Safeguarding and welfare requirements
• staff trained in how to lift children or heavy items ie. Sand trays on wheels
The Regulatory Reform (fire safety) Order 2005 It covers general fire precautions and other fire safety duties that are needed to protect everyone in case of fire in and around the premises. The Order requires fire precautions to be put in place where necessary and to the extent that it is reasonable and practicable in the circumstances of the case. Responsibility for complying with the Fire Safety Order rests with the responsible person.
• Carry out risk assessment identifying and minimising fire hazards
• Have equipment to fight fires and have procedures to evacuate the building
• Have a person in charge of fire safety
• Have equipment to fight fires.
EYFS safeguarding and welfare requirements
• There are regular fire practice
The Food Hygiene Regulations (England) 2006 The Regulations apply to all types of food and drink and their ingredients. But some businesses, generally manufacturers of products of animal origin such as dairies or wholesale fish markets, follow their own product specific regulations
• make sure food is supplied or sold in a hygienic way
• identify food safety hazards
• know which steps in your activities are critical for food safety
• ensure safety controls are in place, maintained and reviewed.
• The need for staff handling food to be trained in food hygiene
• The need for premises and the way that food is stored and prepared to be hygienic.
• Fridges and freezers are kept at correct temperatures, checked weekly.
• Kitchen is kept clean
EYFS safeguarding and welfare requirements
• Staff trained in food handling
Working Together to Safeguard Children 2015 This is a document that applies to all those working in education, health and social services. It is relevant to those working with children and their families in the statutory, independent and voluntary sectors:
• A summary of the nature and impact of child abuse and neglect
• How to operate best practice in child protection procedures
• The role and responsibilities of different agencies and practitioners
• The role of the Local Safeguarding Children Boards (LSCBs)
• The processes to be followed when there are concerns about a child
• The action to be taken to safeguarding and promote the welfare of children experiencing, or at risk of significant harm.
What to do if you’re worried a child is being abused 2015
This non-statutory guidance is aimed at anyone whose work brings them into contact with children and families, including those who work in early years, social care, health, education (including schools), the police and adult services.
• Training requirements for effective child protection.
• children have a right to be safe and should be protected from all forms of abuse and neglect;
• safeguarding children is everyone’s responsibility;
• it is better to help children as early as possible, before issues escalate and become more damaging; and
• children and families are best supported and protected when there is a co-ordinated response from all relevant agencies.
Protection of Children Act 1999 The Protection of Children Act 1999 introduced the Protection of Children Act (PoCA) List in which the Secretary of State had a duty to record the names of individuals who were considered unsuitable to work with children.
• Child care organisations proposing to offer individuals employment in child care positions must not employ individuals whose names are included on the PoCA List and must cease to employ such individuals in child care positions if they subsequently discover that they are included on these Lists.
• under the Criminal Justice and Court Services Act 2000 it is an offence to knowingly offer work to or to employ in a regulated position
Data Protection act 1998 The Data Protection Act controls how your personal information is used by organizations, businesses or the government.
Everyone responsible for using data has to follow strict rules called ‘data protection principles’. They must make sure the information is:
• used fairly and lawfully
• used for limited, specifically stated purposes
• used in a way that is adequate, relevant and not excessive
• kept for no longer than is absolutely necessary
• handled according to people’s data protection rights
• kept safe and secure
• not transferred outside the European Economic Area without adequate protection
There is stronger legal protection for more sensitive information, such as:
• ethnic background
• political opinions
• religious beliefs
• sexual health
• criminal records
Common Assessment Framework (C.A.F) A framework to help practitioners working with children, young people and families to assess children and young people’s additional needs for earlier, and more effective services, and develop a common understanding of those needs and how to work together to meet them.
• information sharing
• role of the lead professional
• multi-agency working
The CAF is generally used with children and young people up to the age of 18, but its use can be extended beyond 18 where appropriate, to enable the young person to have a smooth transition to adult services. In the case of the Connexions service, the CAF can be used with young people up to the age of 19, and up to the age of 24 where a young person has a learning difficulty or disability
Early Years Foundation Stage (EYFS) The Early Years Foundation Stage sets standards for the learning, development and care of children from birth to 5 years old. All schools and Ofsted-registered early years providers must follow the EYFS, including childminders, preschools, nurseries and school reception classes.
The Early Years Foundation Stage framework supports an integrated approach to early learning and care. It gives all professionals a set of common principles and commitments to deliver quality early education and childcare experiences to all children.
• It ensures consistence that no matter what nursey a child attends, they all follow the same framework
• Helps prepare a child for school
• Supports the practitioner to help children
• Assessments that will tell parents about a child’s progress through the EYFS
• Follow 7 areas of learning and development which guide professionals engagement with a child’s play and activities as they learn new skills and knowledge
Every Child Matters The Every Child Matters policy is a new idea thought up and implemented by the government. It applies to the well-being of children and young people from when they’re born up until they reach the age of 19 and is based on the idea that every child, regardless of their individual circumstances or background, should have plenty of support throughout their life. After a thorough consultation process, the Children Act 2004 became law. This legislation is the legal underpinning for Every Child Matters, which sets out the Government’s approach to the well-being of children and young people from birth to age 19.
There are five key principles to the policy which the government believe children should have support with.
• To be healthy.
• To stay safe.
• To enjoy and achieve.
• To make a positive contribution.
• To achieve economic well-being.
The Children Act 2004 This act places a duty on local authorities and their partners to cooperate in promoting the well being of children and to make arrangements to safeguard and promote the welfare of children. The act put the new local safeguarding children boards on a statutory footing and gave them powers of investigation and review procedures which they use to review all child deaths in their area, as it states in the Working Together to Safeguard Children guidance. The act also revised the legislation on physical punishment by making it an offence to hit a child if it causes mental harm or leaves a lasting mark on skin.
Principles of the Act:
• To allow children to be healthy
• Allowing children to remain safe in their environments
• Helping children to enjoy life
Assist children in their quest to succeed
• Help make a contribution – a positive contribution – to the lives of children
• Help achieve economic stability for our children’s futures
UK Council for Child Internet Safety (UKCCIS) New technologies inspire children to be creative, communicate and learn. However, while the internet is a great resource, it is important that children and young people are protected from the risks they may encounter. The UK Council for Child Internet Safety is a group of more than 200 organizations drawn from across government, industry, law, academia and charity sectors that work in partnership to help keep children safe online.
• Keeping children safe from bullying connected to race and faith is integral to building safe and thriving communities
• The UKCCIS Education Group has developed guidance for school governors to help governing boards support their school leaders to keep children safe online
• The UKCCIS Education Group has produced advice for schools and colleges on responding to incidents of ‘sexting.’ The advice aims to support them in tackling the range of issues which these incidents present including responding to disclosures, handling devices and imagery, risk assessing situations and involving other agencies
Childcare Act 2006 The childcare Act 2006 is legislation mainly in England. The act made the safeguarding and welfare requirements outlined in the EYFS legally binding. Settings must:
• Have a health and safety policy and to carry out risk assessments
• Keep records of all accidents, incidents, emergences and reporting them to Ofsted
• To have a no smoking policy
• To have staff trained in paediatric first aid
• All staff must know evacuation procedures
• Train staff in food prep/hygiene
• Check the identity of all visitors
• Meet all staff ratios
• Meet the minimum space requirements per child.
• Staff check who children go home with after each session.
Equalities Act 2010 The Equality Act 2010 is a guidance that legally protects people from discrimination in the workplace and in wider society.
It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone.
Discrimination can come in one of the following forms:
• direct discrimination – treating someone with a protected characteristic less favourably than others
• indirect discrimination – putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage
• harassment – unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them
• victimisation – treating someone unfairly because they’ve complained about discrimination or harassment.
The law protects you against discrimination at work, including dismissal, employment terms and conditions, pay and benefits, promotion and transfer opportunities, training, recruitment, redundancy.
Toys (Safety) Regulations 2011 All toys supplied in the UK must meet a list of essential safety requirements which are set out in the Toy (Safety) Regulations 2011 and to prove that these requirements are met, all toys should also carry a CE Marking.
The main requirements are that toys must:
• Satisfy the ‘essential safety requirements’ in the regulations
• Be properly marked to ensure traceability
• Bear the CE mark
• Be accompanied by instructions for use, and warnings where necessary
If a toy doesn’t have a CE mark, it might not be intended to be used as a toy, and could just be intended as a novelty this type of product isn’t necessarily going to be safe for your setting and for children to play with, as it won’t have passed all of the stringent tests involved in the CE Mark.
2. Understand policies and procedures for the safeguarding, protection and welfare of children
2.1 Explain the roles and responsibilities of the early years practitioner in relation to the safeguarding, protection and welfare of children.
The early years practitioner must always follow the setting’s policies and procedures in relation to safeguarding, protection and welfare of children. On a daily basis practitioners must: keep children safe at all times, protect children from harm, report any concerns about a child to the appropriate person within the setting and keep up to date with procedures within the setting.
2.2. describe the lines of reporting and responsibility to meet the safeguarding, protection and welfare requirements of children.
Everyone who works with children has a duty of care, they are accountable for the way they exercise their authority, manage risk and act to safeguard children. When working with children the child’s welfare must always be paramount. All practitioners need to know the lines of reporting and responsibilities within their setting, as there will be a designated person to report these concerns to.
2.3. explain the boundaries of confidentiality in relation to the safeguarding protection and welfare of children.
It is best to treat everything you learn about children and their families in your workplace as confidential information; it is advisable to check with your supervisor before you pass on confidential information. Similarly, it is always best to tell your supervisor if you receive any information that concerns you. If someone wants to tell you something ‘in confidence’, you should say that you may not be able to keep the information to yourself because part of your job involves safeguarding children’s welfare. It is then up to the person to decide whether to tell you or not. Confidential information should be passed on when:
? what they say suggests that a child may be at risk of harm
? they reveal information that can be used to protect another person from harm
? a court or a statutory organisation, such as OFSTED, asks for specific information about a child.
2.4 Analyse the benefits of partnership working in the context of safeguarding, protection and welfare of children.
The importance of partnership working to safeguard is that agencies and other professionals need to work together, it starts with government legislation right through to local working. Each professional or agency will have a different role of expertise so vulnerable children will need coordinated help from health, education, children social care and the voluntary sector and often the justice services so its important that there is good communication within all the different services available. Safeguarding and promoting the welfare of children depends on effective partnership working between agencies and professionals all people involved in the welfare of a child have a duty to safeguard them. Police, health, visitor, GP, hospital, child minder, nursery, school, after school club, leisure groups such as football, swimming, brownies, social worker, family, friends, neighbours and the local community are all responsible for safeguarding our children and young people and its important we all work and communicate together. The common assessment framework provides a way for early intervention for children before it reaches crisis point. It is a shared assessment and planning framework for all communication and that information is shared between different professionals and organisations.
3. understand how to respond to evidence or concerns that a child has been abused or harmed.
3.1. Explain child protection in relation to safeguarding.
Safeguarding is an umbrella term used in the steps you would take in an early years setting to help children feel safe and secure, protecting them from neglect and abuse and also ensuring that children stay safe, healthy and continue to develop well.
Child protection is a part of safeguarding, it refers to the activity that is undertaken to protect specific children who are likely to be suffering significant harm.
3.2. describe signs, symptoms, indicators and behaviours that may cause concerns relating to:
• Domestic abuse
• Physical abuse
• Emotional abuse
• Sexual abuse
This type of abuse takes place inside the house, and is usually when one adult in a relationship exercises control over another in an actual and threatening way. The signs can be many thing but mainly: physical, emotional, psychological or sexual abuse. It will effect the child if the child has to witness the abuse on a regular basis, it is also more likely to mean that the child themselves are being abused if they are in a household where domestic abuse takes place.
A child experiencing domestic abuse may:
• Be very withdrawn
• Lack interest in surroundings
• Not want to be picked up by parent/ care giver
• Appear scared of parent/ care giver
• Have bruises or unexplained injuries.
Neglect is when the parent persistenly fails to meet the childs basic physical and psychological needs. The result is the child’s health and development is impaired, neglect of babies and children include the failure to:
• Respond to the child’s basic emotional needs
• Provide adequate food, clothing and shelter
• Keep the child safe from physical and emotional harm
• Supervise the child
Children experiencing neglect may:
• Often be in very dirty clothes, look unwashed or be very smelly.
• Often be in unsuitable clothing i.e t-shirt in very cold weather
• Never receive medical treatment
• Frequently be hungry and may be underweight
Physical abuse is deliberately hurting a child causing injuries such as bruises, broken bones, burns or cuts.
It isn’t accidental children who are physically abused suffer violence such as being hit, kicked, poisoned, burned, slapped or having objects thrown at them. Shaking or hitting babies can cause non-accidental head injuries. Sometimes parents or carers will make up or cause the symptoms of illness in their child, giving them medicine they don’t need and making the child unwell – this is known as fabricated or induced illness.
Children experiencing physical abuse may:
• bruises in the shape of a hand or object.
• Cuts to body/face
• clusters of bruises on the upper arm
• unexplained injuries
• child may be withdrawn
• sudden change in behaviour
• child may be clingy and aggressive
• fear of adults
Emotional abuse is difficult to define and can be even more difficult to detect. Emotional abuse is the continual emotional mistreatment which results in damage to the child’s emotional development. Emotional abuse can involve deliberately trying to scare or humiliate a child or isolating or ignoring them and then the child may become to feel worthless, unloved, inadequate or valued.
Examples of emotional abuse: the parent having expectations that are well outside what is suitable for the child’s age and development
Failing to protect the child from whitnessing the mistreatment of others. i.e allowing a child to see domestic abuse in the home
Children experiencing emotional abuse may:
• Have very strong mood swings
• Withdrawal from friends or usual activities
• Depression, anxiety or unusual fears or a sudden loss of self-confidence
• Be aggressive or nasty towards other children and animals.
• Be overly-affectionate towards strangers or people they haven’t known for very long
• Seem isolated from their parents
Sexual abuse involves forcing or encouraging a child to take part in sexual activities. Activites involve physical sexual contact that is forced or persuaded onto the child. The abuse may include non- contact activites such as involving children to look at sexual videos/images online, or on mobile phones and then encouraging children to behave in sexually inappropriate ways.
Children experiencing sexual abuse may:
• Pain/soreness/redness/bruising in genital area
• They could use sexual language that is unsuitable for age
• They could seem frightened of a person or reluctant to socialise with them.
• They might avoid being alone with people, such as family members or friends
3.3 describe actions to take if harm or abuse is suspected and/or disclosed.
A child may tell you or a member of staff information that leads you to think theyre being abused. It is your job to listen to the child and never dig deeper by asking further questions. Make the child feel comfortable and just listen very carefully showing concern.
If you are worried about the child and suspect that abuse is happening firstly make a note that is as exact as you can make it, recording exactly what the child has told you, take note of any injuries but be accurate with everything you do,
Then go to the person in charge of safeguarding in your setting with a matter of urgency they will then go to the parent and make their own judgement.
You will be told of the action taken:
? No action where the parent has given a valid explanation
? Safeguarding person gives advice to parent. i.e please provide a warm coat for the child
? Support offered, where parent has admitted they struggle
? Referral to family support at local childrens centre
? Referral to children’s social care, when the child is at risk of significant harm.
3.4. explain the rights of children and parents/carers in situations where harm or abuse is suspected and/or disclosed
When a child is suspected of being abused, the primary concern will be with the child and that the child is protected from harm
The child has the following rights:
o To be protected against significant harm
o Not to be subjected to repeated medical examinations or questions following suspected abuse
o To be involved in decisions that are being made about them
o To be kept fully informed of processes involving them
The parents rights are modified by their responsibilities towards the child. In the case of alleged harm parents have a right to be informed about what is being said and to contribute their own views.
But is the child is suffering significant harm then the parent has no immediate rights.
3.5. explain the responsibilities of the Early years practitioner in relation to whistleblowing.
Whistleblowing is a part of safeguarding where everyone involved with children are encouraged to share genuine concerns about a colleague’s behaviour. The behaviour may not be abuse but they may not be following conduct. Practitoners must report the poor practice that they have witnessed to their superviser or named person in charge of safeguarding. If you whistleblow on a colleague you are legally protected and will be fully supported by your manager.
4. understanding the purpose of serious case reviews.
4.1. explain why serious case reviews are required
Local Safeguarding Children Boards are required to consider undertaking a Serious Case Review whenever a child dies and abuse or neglect are known or suspected to have taken place.
Other circumstances that may lead to a SCR are:
• A child receives a potentially life-threatening injury or serious impairment of their health, as a consequence of abuse or neglect
• A child is subjected to serious sexual abuse
• A parent has been murdered and a homicide review has been initiated
• A child has been killed by a parent with a mental illness
• Important lessons for inter-agency working could be learnt
The government requires that every agency that had a role for the child should contribute to the serious case reviews by having an individual management report. The report is then collated by an overview report author, who must be independent of any of the agencies that had involvment with the child and family.
The purpose of a SCR is to
• To clearly identify what these lessons are, how they will be acted upon and what is expected to change as a result.
• to improve inter-agency working to safeguard and promote the welfare of children
• Establish whether there are any lessons to be learnt from the case about inter-agency working.
4.2. analyse how serious case reviews inform practice.
The main purpose for a serious case review is to learn lessons from cases where a child has been seriously harmed, died and abuse or neglect is known or suspected to be a factor.
In order for lessons to be learnt as best as possible professionals need to fully understand what happened in each case, and more importantly what needs to be done to ensure they reduce the risk of it happening again .
Serious case reviews help to put policy’s in place to help safeguard children in the future, one of these is a mobile phone policy, settings must have a place where all staff place mobiles in a locked box at the beginning of their shift to ensure it can not be used around children.