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Wales Children

Legislation, Statutory Guidance, Frameworks, Good Practice Guidance

 

Bills

NEW

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

Main

General

NEW

The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2017

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

Social Care, Wales Children and Young Persons, Wales The care planning and case review (miscellaneous amendments) (wales) regulations 2017

Digital Economy Act 2017

Regulation and Inspection of Social Care (Wales) Act 2016

Modern Slavery Act 2015

Serious Crime Act  2015

Part 5 of this Act is about Protection of Children etc

Anti-social Behaviour, Crime and Policing Act 2014

The Education (Wales) Act May 2014

Will set out a number of proposals. These will include: requirements for the registration of the education workforce; reform of the statutory framework for children and young people with special educational needs, and the registration of children of compulsory school age who are home educated.

Social Services and Well-being Act 2014 (Wales) 

Part III of the Children Act 1989 is repealed in Wales on 6 April 2016. It remains in force in England. Part III contains the legisation about children in need and about looked-after children.

Children who were looked after on the 6th April 2016 under section 20, or under a court order, became looked after under Part 6 of the new Act on that date The Bill will reform and integrate social services law for people and make provision for:•Improving the well-being outcomes for people who need care and support, and carers who need support;

 •Co-ordination and partnership by public authorities with a view to improving the well-being of people;

 •Complaints and representations relating to social care and palliative care;

 •Local authorities’ social service functions and that of Welsh Ministers to intervene in a local authority’s exercise of its social services functions; and connected purposes.

Rehabilitation of Offenders Act 1974

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.Freedom of Information Act 2000

 Sex Offenders Act 1997

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.

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

Family Law Act 1996 (the 1996 Act)

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)".

The Children Act 1989

A legislative framework for cooperation between agencies working to safeguard children

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.

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.

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.

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

Freedom of Information Act 2000

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

Children's Commissioner for Wales Act 2001

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

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.

Licensing Act 2003

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)).

The Children Act 2004

A legislative framework for cooperation between agencies working to safeguard children

Rights of Children and Young Persons (Wales) Measure 2011.

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

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.

Safeguarding Vulnerable Groups Act 2006

The Local Safeguarding Children Boards (Wales) Regulations 2006

Forced Marriage (Civil Protection) Act 2007

The Serious Crime Act (2007) section 44

Intentionally encouraging or assisting an offence

The Mental Health Act 2007

Section 131A Accommodation etc. for children

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.

Children and Families (Wales) Measure 2010

Equality Act 2010

Rights of Children and Young Persons (Wales) Measure 2011

A Measure of the National Assembly for Wales to make provision for and in connection with giving further effect in Wales to the rights and obligations set out in the United Nations Convention on the Rights of the Child; and for connected purposes.

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

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.

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”.

Defamation Act 2013

Education

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

Education and Inspections Act 2006

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.

Special Educational Needs (Information) Act 2008

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.

Simple Cautions for Adult Offenders Ministry of Justice November 2013 

Statutory Guidance and Government Factual Notes

General

NEW

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

Safeguarding Policy 2015: Office of the Public Guardian

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

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

Revised Prevent Duty Guidance: for England and Wales July 2015

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

Safeguarding Children: Working Together Under the Children Act 2004

All Wales Safeguarding Children in Whom Illness is Fabricated or Induced (2008)

Information and Guidance on Domestic Abuse: Safeguarding Children and Young People in Wales 2010

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

Achieving Best Evidence in Criminal Proceedings 2011

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

ABE Special Measures - Crown Prosecution Service Legal Guidance

Shared Purpose – Shared Delivery July 2012

This Guidance replaces previous statutory guidance deriving from a number of pieces of legislation: Community Strategies (Local Government (Wales) Measure 2009), Children and Young People’s Plans (Children Act 2004, Children and Families (Wales) Measure 2010), and Health Social Care and Well-being Strategies (NHS (Wales) Act 2006).

Guidance for local government and their partners, through Local Service Boards (LSBs) on creating a single integrated plan to meet their statutory duties in a number of areas, including the Children and Young People's Plan.

Protecting Children in Wales Guidance for Arrangements for Multi-Agency Child Practice Reviews Jan. 2012

Replaces Serious Case Reviews

National Minimum Standards for Regulated Child Care 2012

This document is a statement of the National Minimum Standards (NMS) which apply to child minders and providers of day care for children under the age of eight years who are required to register in accordance with the provisions of Part 2 of the Children and Families (Wales) Measure 2010 and its associated regulations. This version replaces the National Minimum Standards for Regulated Child Care, issued in April 2011.

Safeguarding Children and Young People from Sexual Exploitation 2011 update 2013

Supplementary guidance to Safeguarding Children: Working Together Under The Children Act 2004

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

Good Practice Guidance and Advice

NEW

Strategy for dealing with safeguarding issues in charities updated December 2017

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

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

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

Whistleblowing: Prescribed persons guidance 2017

FGM safeguarding pathway 2017

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

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

158/2015 Keeping Learners Safe

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

Safeguarding practitioners: information sharing advice March 2015

Action on bullying: A review of the effectiveness of action taken by schools to address bullying on the grounds of pupils’ protected characteristics June 2014

Teacher misconduct: the prohibition of teachers January 2014

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

Charity Commission Policy Safeguarding children and young people 2014

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

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

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

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

All Wales Protocol Missing Children 2011

Safeguarding and Promoting the Welfare of Unaccompanied Asylum Seeking Children and Young People All Wales

All Wales Safeguarding Children and Young People Affected by Domestic Abuse 2011

All Wales Protocol Female Genital Mutilation (FGM) 2011

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

The majority of this guidance applies to England only, as matters surrounding child health and welfare are devolved to the Welsh Assembly Government in Wales. However, matters of criminal justice are non-devolved, and will therefore apply to England and Wales equally.

 Safe From Harm: Safeguarding Children in Voluntary and Community Organisations in Wales 2007

Health

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

Female Genital Mutilation: Caring for patients and safeguarding children 2011

General 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

Child protection –a tool kit for doctors BMA 2009

0-18 years: guidance for all doctors

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

Dentists

Guidance for Safeguarding Children & Vulnerable Adults in General Dental Practice 2011

Nurses and Midwives

Raising and escalating concerns: Guidance for nurses and midwives 2010

Record keeping: Guidance for nurses and midwives

Frameworks/Action Plans

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

Reports and Research

Fact Sheets

NEW

FGM protection orders factsheet published December 2016