Safeguarding children and interagency working

The legal framework for children’s services

Brayne & Carr: Law for Social Workers: 10eChapter 6

Lecture outline

• The Laming Report• Government responses• Main principles of

the Children Act 2004• Working in partnership• Key Agencies which safeguard children

The Laming Report – multiple failings

• Victoria was known to :– Two housing authorities, – four social services departments, – two child protection teams of the Metropolitan

Police Service, – a specialist centre managed by the NSPCC, – she was admitted to two different hospitals

because of suspected deliberate harm

Government responses

• Three pronged response– Re-enforcing good practice– Providing a legislative framework– New mechanisms for the delivery of services

Re-enforcing good practice

• Working Together to Safeguard Children, Department of Health revised April 2006

• Safeguarding Children: A Joint Chief Inspector’s report on arrangements to safeguard children, Department of Health July 2005

The Children Act 2004

• Principles– An increased voice for children– Better and more integrated planning,

commissioning, and delivery of children's services – Further promotion of safeguarding children– Greater accountability– Sharing information on children

Key provisions of the Children Act 2004 (1)

• Co-operation to improve well-being (s.10)– Co-operation between authority and relevant

partners and appropriate others– The aim of co-operation is to improve children’s

physical & mental health, emotional well-being, education and socio-economic well-being

– Importance of parents

Key provisions of the Children Act 2004 (2)

• Arrangements to safeguard and promote welfare - s.11– Applies to wide range of bodies– They must discharge their functions with the need

to safeguard and promote welfare in mind– Important role of guidance

Key provisions of the Children Act 2004 (3)

• Information databases – s.12– Known as Contactpoint, cost 220m to set up and £40m per

annum to run– Information on every child including name, address, gender

and d.o.b– Information as to the existence of any cause for concern– Not to include medical records or other personal records

– Constrained by The Children Act 2004 Information Database (England) Regulations 2007

– Aim is to facilitate information sharing between professionals

Key provisions of the Children Act 2004 (4)

• Local Safeguarding Children Boards – s.13– Broad representation of key agencies– Functions and procedures prescribed by

regulation and include review or investigation– Puts such arrangements on a statutory footing– Guidance on operation included in Working

Together

Key provisions of the Children Act 2004 (5)

• Local authority administration– Children and Young People’s Plans – s.17– Director of children’s services – s.18– Lead member for children’s services – s.19

New mechanism

• Children’s Trusts– Partnerships between different organisations who

provide, commission, or are otherwise involved in delivering better outcomes for children and young people.

– Purpose to promote multi-agency work to safeguard children

Other agencies’ responsibilities

• Health• Education• Housing• Crown Prosecution Service• Police• CAFCASS• Voluntary Sector

Human Rights and the Children Act 2004

• The Children Act 2004 aims are welcome – ‘ it seeks to fulfil the important positive obligations owed to children under Articles 2, 3 and 8 ECHR, to take positive steps to protect their lives, to protect them from inhuman and degrading treatment, and to protect their physical integrity.’

• JCHR 19th report 2004