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England Children

Legislation, Statutory Guidance, Good Practice Guidance, Action Plans

Bills

New

Human Trafficking (Child Protection) Bill 2017

Data Protection Bill [HL] 2017-19

Unaccompanied Asylum Seeking Children (Legal Advice and Appeals) Bill (HL Bill 53)

Schools (Mental Health and Wellbeing) Bill (HL Bill 40)

Victims of Crime (Rights, Entitlements, and Notification of Child Sexual Abuse) Bill (HL Bill 39) 2017

Digital Economy Act 2017 (Amendment) (Definition of Extreme Pornography) Bill [HL] 2017-19

Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [HL] 2017-19

Home Education (Duty of Local Authorities) Bill (HL Bill 11)

Age of Criminal Responsibility Bill (HL Bill 3)

Modern Slavery (Victim Support) Bill [HL] 2017-19

Legislation

New

The Adoption and Children Act Register (Search and Inspection) Regulations 2017

Digital Economy Act 2017

Children and Social Work Act 2017

Education and Adoption Act 2016

Safeguarding and Clergy Discipline Measure 2016

Modern Slavery Act 2015

Serious Crime Act 2015

Part 5 of this Act is about Protection of Children etc

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

Anti-social Behaviour, Crime and Policing Act 2014

Children and Families Act 2014

An Act to make provision about children, families, and people with special educational needs or disabilities; to make provision about the right to request flexible working; and for connected purposes. And stregthens the role of the Childen's Commissioner

Main

Prevention of Cruelty to, and Protection of, Children Act 1889

An Act for the Prevention of Cruelty to, and better Protection of, Children. ..... Section thirty-seven of the Poor Law Amendment Act, 1868

The Children and Young Persons Act of 1933

Provides for the punishment of a person who treats a child "in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement)".

Rehabilitation of Offenders Act 1974

The Children Act 1989

Brought many different laws together and is now the law on which the current child protection system is based

The Youth Justice and Criminal Evidence Act 1999

Special measures directions in case of vulnerable and intimidated witnesses

Trustees Act 2000 

Includes trustees duty of care

Communications Act 2003

127 Improper use of public electronic communications network

(1) A person is guilty of an offence if he—

   (a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

   (b) causes any such message or matter to be so sent.

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

   (a) sends by means of a public electronic communications network, a message that he knows to be false,

   (b) causes such a message to be sent; or

   (c) persistently makes use of a public electronic communications network.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the     standard scale, or to both.

(4) Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

Children Act 2004

A legislative framework for cooperation between agencies working to safeguard children and includes the role of Commissioner for children in England

Safeguarding Vulnerable Groups Act 2006

An Act to make provision in connection with the protection of children and vulnerable adults.

Childcare Act 2006

An Act to make provision about the powers and duties of local authorities and other bodies in England in relation to the improvement of the well-being of young children; to make provision about the powers and duties of local authorities in England and Wales in relation to the provision of childcare and the provision of information to parents and other persons; to make provision about the regulation and inspection of childcare provision in England; to amend Part 10A of the Children Act 1989 in relation to Wales; and for connected purposes.

The following in date order early to latest dates

Housing Act 1996

Section 213A (inserted by section 12 of the Homelessness Act 2002) housing authorities are required to refer to adult social services homeless persons with dependant children who are ineligible for homelessness assistance, or are intentionally homeless, as long as the person consents. If homelessness persists, any child in the family could be in need.

Family Law Act 1996 (the 1996 Act)

Sex Offenders Act 1997 see also 2003

An Act to require the notification of information to the police by persons who have committed certain sexual offences; to make provision with respect to the commission of certain sexual acts outside the United Kingdom; and for connected purposes.

Human Rights Act 1998

Data Protection Act 1998

The Data Protection Act 1998 ensures that all personal information we hold is looked after properly. It also gives you the right to request a copy of the information held about you.

Public Interest Disclosure Act 1998

An Act to protect individuals who make certain disclosures of information in the public interest; to allow such individuals to bring action in respect of victimisation; and for connected purposes.

Crime and Disorder Act 1998

Section 38 require local authorities, within the delivery of youth justice services., to ensure the provision of person to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers.

Care Standards Act 2000

The Care Standards Act 2000 and the Regulations and National Minimum Standards made under it, contain provisions in relation to the welfare, health and illnesses of children who are looked after in establishments regulated by the Act.

Freedom of Information Act 2000

Gives the right to request any recorded information we hold that isn’t about you personally.

Nationality, Immigration and Asylum Act 2002

To make provision about nationality, immigration and asylum; to create offences in connection with international traffic in prostitution; to make provision about international projects connected with migration; and for connected purposes.

Adoption and Children Act 2002

Section 120 amends the Children Act 1989 by expanding the definition of "harm" to include witnessing domestic violence.

Licensing Act 2003

Female Genital Mutilation Act 2003

Extends the existing legislation criminalising female genital mutilation in the UK, by making it an offence for UK nationals or permanent UK residents to take a girl abroad, or to help others to take a girl abroad, to carry out female genital mutilation, even in countries where the practice is legal.

Sexual Offences Act 2003

Relating to offences against children. It includes the offences of grooming, abuse of position of trust, trafficking, and covers offences committed by UK citizens whilst abroad. It also updates the Sex Offenders Act 1997 by strengthening the monitoring of sex offenders.

Domestic Violence, Crime and Victims Act 2004

Closes a legal loophole, (whereby defendants in murder and manslaughter cases could escape conviction by claiming each other had killed the child), by creating a new offence of causing or allowing the death of a child or vulnerable adult. The offence establishes a new criminal responsibility for members of a household where they know that a child or vulnerable adult is at significant risk of serious harm.

Gambling Act 2005

The Mental Health Act 2007

Section 131A Accommodation etc. for children

Forced Marriage (Civil Protection) Act 2007

The Serious Crime Act (2007) section 44

Intentionally encouraging or assisting an offence (For England Wales and Northern Ireland)

Children and Young Persons Act 2008

Legislates for the recommendations in the Care matters white paper(DfES, 2007) to provide high quality care and services for children in care. It also places a duty on registrars to notify the Local Safeguarding Children Board of all child deaths.

The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Children’s and Adults’ Barred Lists) (Transitional Provisions) Regulations 2008

Borders, Citizenship and Immigration Act 2009 

Places a duty on the UK Border Agency to safeguard and promote children's welfare (section 55), bringing them in line with other public bodies that have contact with children.

Care Planning, Placement and Case Review(England) Regulations 2010

Equality Act 2010

Police Reform and Social Responsibility Act 2011

Section 1 (8) (h) requires the police and crime commissioner to hold the chief constable to account for the exercise the latter’s duties in relation to safeguarding children under section 10 and 11 of the Children Act 2004

Domestic Violence, Crime and Victims (Amendment) Act 2012

Extends the 2004 offence to include “causing or allowing child or vulnerable adult to suffer serious physical harm”.

Protection of Freedoms Act 2012

An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to make provision about the trafficking of people for exploitation and about stalking; to repeal certain enactments; and for connected purposes.

Education in date order early to latest

Education Act 1996

School Standards and Framework Act 1998

The 1998 School Standards and Framework Act contains provisions for schools and nursery education. This covers further education for young people at school, and in FE institutions across the UK

The Non-Maintained Special Schools Regulations 1999

Requirements in relation to staff

The Education Act 2002

Includes a provision (section 175) requiring school governing bodies, local education authorities and further education institutions to make arrangements to safeguard and promote the welfare of children.

And regulations made under s157 state that proprietors of independent schools (which include Academies and Free schools) must make arrangements to safeguard and promote the welfare of pupils and in doing so must have regard to any statutory guidance issued by the Secretary of State.

Education and Inspections Act 2006

Special Educational Needs (Information) Act 2008

The School Staffing (England) Regulations 2009

Details of what needs to be included in the “register”

The Education (Independent School Standards) (England) Regulations 2010.

Details of what needs to be included in the “register”

Children, Schools and Families Act 2010

An Act to make provision about children with disabilities or special educational needs, school and other education, and governing bodies' powers; to make provision amending the Education Acts; to make provision about Local Safeguarding Children Boards; and to make provision about publication of information relating to family proceedings.

The Education (Independent School Standards) (England) Regulations 2010

The Education Act 2011

Makes changes to provisions on school discipline and will place restrictions on the public reporting of allegations made against teachers.

The Education (Non-Maintained Special Schools) (England) Regulations 2011

2011 require non-maintained special schools to have arrangements for safeguarding and promoting the health, safety and welfare of the registered pupils at the school, and to have regard to the guidance Keeping Children Safe in Education  now published 3 April 2014.

The Residential Holiday Schemes for Disabled Children (England) Regulations 2013

Holiday schemes for disabled children (“schemes”) are currently subject to the same degree of regulation as children’s homes, which are regulated under the Children’s Homes Regulations 20011 (“the 2001 Regulations”). In order to achieve the policy objectives of enabling multiple sites to be registered as one scheme, application regulations have been made allowing Part 2 of the Care Standards Act 2000 (“the Act”) to be applied to proprietors of the schemes, so that they can be regulated through separate regulations which can apply to more than one site, rather than regulating them as previously as a type of children’s home.

These substantive regulations therefore set out the requirements for the registration and conduct of schemes. They are based largely on the 2001 Regulations, but include the provision that enables schemes to operate across a number of sites under one registration.

The Care Planning, Placement and Case Review (England) (Miscellaneous Amendments) Regulations 2013

Defamation Act 2013

Statutory Guidance

New

Statutory visits to children with special educational needs and disabilities or health conditions in long- term residential settings November 2017

Working together to safeguard children A guide to inter-agency working to safeguard and promote the welfare of children March 2015 updated February 2017

FGM mandatory reporting duty: guidance for healthcare professionals update January 2017 

Children missing education Statutory guidance for local authorities September 2016

Keeping children safe in education Statutory guidance for schools and colleges September 2016

Early years childcare: registering with Ofsted updated 8th July 2016

Disqualification under the Childcare Act 2006 Statutory guidance for local authorities, maintained schools, academies and free schools June 2016

 Multi-agency statutory guidance on female genital mutilation 2016

Female Genital Mutilation Risk and Safeguarding Guidance for professionals May 2016

Revised Prevent Duty Guidance: for England and Wales July 2015

Guidance on Part 2 of the Sexual Offences Act 2003 March 2015

Safeguarding Policy 2015: Office of the Public Guardian

Promoting the health and well-being of looked-after children Statutory guidance for local authorities, clinical commissioning groups and NHS England March 2015 HM Government 2015

Behaviour and discipline in schools updated September 2015

SEND: managing changes to legislation from September 2014

Participation of young people in education, employment or training: Statutory guidance for local authorities September 2014 

This guidance has been updated to reflect a number of queries that have arisen during the first year of RPA and new arrangements for young people with special educational needs (SEN) and disabilities in the Children and Families Act 2014. 

Special educational needs and disability code of practice: 0 to 25 years

Statutory guidance for organisations who work with and support children and young people with special educational needs and disabilities 2014

Supporting pupils at school with medical conditions: Statutory guidance for governing bodies of maintained schools and proprietors of academies in England September 2014

Promoting the education of looked after children Statutory guidance for local authorities July 2014

The Right to Choose: Multi-agency statutory guidance for dealing with forced marriage 2010 updated 2014

Multi-agency practice guidelines: Handling cases of Forced Marriage 2010 updated 2014

Main

Listening to and involving children and young people January 2014

Statutory guidance on children who run away or go missing from home or care January 2014

Statutory guidance on making arrangements to safeguard and promote the welfare of children under section 11 of the Children Act 2004

Statutory guidance on the roles and responsibilities of the Director of Children’s Services and the Lead Member for Children’s Services April 2013

Statutory guidance: Regulated Activity (children) - supervision of activity with children which is regulated activity when unsupervised 2013

Simple Cautions for Adult Offenders Ministry of Justice November 2013

Statutory Guidance, Guidance under Section 7 of the local authority social services act 1970 and Factual notes by HM Government

Regulated Activity (children) - supervision of activity with children which is regulated activity when unsupervised 2012

Regulated Activity in relation to Children: scope (Factual note by HM Government) 2012

General in date order latest to earliest

FGM safeguarding pathway 2017

Children Act 1989 guidance and regs vol 5: Children's homes update 2013

1989 Children Act guidance, Volume 1 Court Orders update 2012

Tackling child sexual exploitation - Action plan November 2011 (Statutory)

The Children Act 1989: Care planning, placement, case review Guidance 2010 updated 2013

Short Breaks: Statutory guidance on how to safeguard and promote the welfare of disabled children using short breaks 2010

The Right to Choose: Multi-agency statutory guidance for dealing with forced marriage 2010

Safeguarding children and young people from sexual exploitation: supplementary guidance 2009

Education date order latest to earliest

Teacher misconduct: the prohibition of teachers January 2014 

Departmental advice on how professional conduct hearing panels review teacher misconduct.

Guidance for governing bodies on behaviour and discipline: The power to discipline beyond the school gate 2012

Health order latest to earliest

Striking The Balance' Practical Guidance on the application of Caldicott Guardian principles to Domestic Violence and MARACS. April 2012

This guidance is intended to assist those involved in information sharing between agencies about Domestic Violence to make decisions. It identifies the underlying ethical considerations so that tensions between confidentiality and information sharing may be resolved

National action plan to tackle child abuse linked to faith or belief 2012/Page2/DFE-00094-2012

Tackling child sexual exploitation - Action plan November 2011 (Statutory)

Provision of Accommodation for 16 and 17 year old young people who may be homeless and/or require accommodation 2010

Good Practice Guidance, Standards  Advice and Policy

NEW

Strategy for dealing with safeguarding issues in charities updated December 2017

ID checking guidelines for DBS check applications October 2017

https://www.nice.org.uk/guidance/cg89/chapter/1-Guidance

Child maltreatment: when to suspect maltreatment in under 18s Clinical guideline [CG89] Published date: July 2009 Last updated: October 2017

DBS guidlines for a criminal record check from October 2nd 2017

Criminal Exploitation of children and vulnerable adults: County Lines guidance 2017

Preventing and tackling bullying advice for headteachers, staff and governing bodies July 2017

Guidance issued by Sir James Munby, President of the Family Division on 2 May 2017 on Serious Case Reviews

Guidance for joint targeted area inspections on the theme: children living with neglect April 2017

Further education and skills inspection handbook for use from 20th April 2017

Indecent images of children: guidance for young people July 2017

Whistleblowing: Prescribed persons guidance 2017

Child sexual exploitation: Definition and a guide for practitioners, local leaders and decision makers working to protect children from child sexual exploitation February 2017

National Referral Mechanism (NRM): guidance for child first responders 2016 

Guidance on how to identify and refer children who may have been the victim of trafficking and provide a cohesive response for appropriate agencies

Victims of modern slavery – Competent Authority guidance 2016

Victims of modern slavery – frontline staff guidance 2016

Safeguarding children and young people: memorandum of understanding between Ofsted and DfE November 2016

Sexting in schools and colleges: 2016 Responding to incidents and safeguarding young people

Inspecting schools: guidance for parents September 2016

Harmful sexual behaviour among children and young people NICE September 2016

Inspecting safeguarding in early years, education and skills from September 2015 updated August 2016

How to report female genital mutilation: guidance for health professionals Updated 25 May 2016

Child Safety Online: A Practical Guide for Providers of Social Media and Interactive Services 2016

Blowing the whistle to a Prescribed Person 2016

Whistleblowing about children's social care services to Ofsted

Understanding and dealing with issues relating to parental responsibility January 2016

Departmental advice for maintained schools, maintained nursery schools, academies, free schools, local authorities and dioceses

 Inspecting childminding agencies: guidance for inspectors 2016:

Age Assessment Guidance 2015

Guidance to assist social workers and their managers in undertaking age assessments in England

Helping children to be safer, healthier and free of crime 2015

Helping school nurses to tackle child sexual exploitation: pathway 2015

Safeguarding children and young people and young vulnerable adults policy updated July 2015

Protecting children from radicalisation: the prevent duty: Updated August 2015

The use of social media for online radicalisation July 2015

Concerns about children: Guidance for all Ofsted staff June 2015

Information sharing protocol for Inspectorates: Ofsted May 2015

What to do if you’re worried a child is being abused Advice for practitioners March 2015

Safeguarding practitioners: information sharing advice March 2015

A guide to eligibility for DBS checks

Supporting children with special educational needs and disabilities

Working with foreign authorities: child protection cases and care orders 2014

Early years: guide to the 0 to 25 SEND code of practice

Advice for early years providers that are funded by the local authority September 2014 

SEND: guide for further education providers

Advice for further education colleges, sixth form colleges, 16 to 19 academies, and independent specialist colleges approved under section 41 of the Children and Families Act 2014

SEND: guide for social care professionals

A guide for social care professionals on the support system for children and young people with special educational needs and disabilities.

SEND: guide for schools and alternative provision settings

A guide for schools on the support system for children and young people with special educational needs and disabilities.

 Early years: guide to the 0 to 25 SEND code of practice Advice for early years providers that are funded by the local authority September 2014

Valuing All God’s Children Guidance for Church of England Schools on Challenging Homophobic Bullying 2014

Charity Commission Policy Safeguarding children and young people 2014

Mental health and behaviour in schools Departmental advice for school staff June 2014

Closing the Gap: Priorities for essential change in mental health 2014

Sets out 25 priorities for change in how children and adults with mental health problems are supported and cared for.

Subject access code of practice: Dealing with requests from individuals for personal information August 2013

Progress report: Moving towards a child centred system 2012

Advice on child internet safety 1.0: Universal guidelines for providers 2012

Achieving Best Evidence in Criminal Proceedings 2011

Guidance on interviewing victims and witnesses, and guidance on using special measures

Guidance on interviewing victims and witnesses, and guidance on using special measures

ABE Special Measures - Crown Prosecution Service Legal Guidance 2011

Safeguarding children who may have been trafficked - Practice guidance 2011

Safeguarding Children and Young People who may be affected by Gang Activity 2010

Neglect matters: a multi-agency guide for professionals working together on behalf of teenagers 2010

Safeguarding disabled children: Practice guidance 2009

Safeguarding Children In Whom Illness Is Fabricated or Induced 2008

Information Sharing: Guidance for practitioners and managers 2008

Replacement Children Act 1989 Guidance on Private Fostering 2005

Education dated earliest

New

Sexting in schools and colleges: responding to incidents and safeguarding young people 2016

Behaviour and discipline in schools: Advice for headteachers and school staff Updated September 2015

Searching, screening and confiscation at school 2014

Preventing and tackling bullying Advice for headteachers, staff and governing bodies Updated October 2014

Data Protection Good Practice Note Taking Photographs in Schools

This Good Practice Guidance is aimed at Local Education Authorities and those working within schools, colleges and universities. It gives advice on taking photographs in educational institutions and whether doing so must comply with the Data Protection Act 1998.

Addressing youth violence and gangs Practical advice for schools and colleges August 2013

This advice is for leaders, their senior teams and staff that are in schools or colleges affected by gang or youth violence. When developing an approach, it is recommended that schools and colleges discuss ways to address youth violence with local police and community safety partners, as well as other local educational institutions.

All Health Professionals

New

Safeguarding children and young people:roles and competences for health care staff 2014

When to suspect child maltreatment 

General Practitioners and all Medical Practitioners

GMC Confidentiality: good practice in handling patient information (2017)

Raising and acting on concerns about patient safety 2012

Protecting children and young people: The responsibilities of all doctors September 2012

Female Genital Mutilation: Caring for patients and safeguarding children 2011

0-18 years: guidance for all doctors 2007

 Nurses and Midwives

Raising and escalating concerns: Guidance for nurses and midwives 2010

Record Keeping guidance for nurses and midwives 2015

Fact sheets, Frameworks, Action Plans and Papers

New

Inspection framework (SCCIF): children’s homes, including secure children’s homes

FGM protection orders factsheet published December 2016

Serious Crime Act 2015 Fact sheet: Overview of the Act

A Call to End Violence against Women and Girls Action Plan March 2014 

Sexual Violence against Children and Vulnerable People National Group Progress Report and Action Plan July 2013

Safeguarding Vulnerable People in the Reformed NHS Accountability and Assurance Framework March 2013

Application processes for foreign national criminality information Frequently Asked Questions December 2013