Safeguarding children and interagency working The legal framework for children’s services Brayne & Carr: Law for Social Workers: 10e Chapter 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 19 th report 2004