Anchorsholme Primary

1.

Legislation and Convention / Regulation

1.1

The Children Act 1989

1.1.1

It is the general duty of every Local Authority:

·         To safeguard and promote the welfare of children within their area who are in need and

·         So far as is consistent with that duty, to promote the upbringing of such children by their families by providing a range and level or service appropriate to those children’s needs (e.g. finance, day care, home care, counselling)

1.1.2

A child’s welfare is paramount.

1.1.3

The definition of a child in need is a child who needs services to secure a reasonable standard of health and development and includes children who are disabled. More specifically the act says that a child shall be taken to be in need if:

·         He is unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority or

·         His health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services or

·         He is disabled.

1.1.4

For the purpose of the Act :

·         A child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disabilities

·         “Development” means physical, intellectual, emotional, social or behavioural development

·         “Health” means physical or mental health

1.1.5

This duty to safeguard and promote the welfare of children is known in Local Authority Social Services Department as Section 17.

A S17 enquiry (child concern report) is indicated if:

·         Support for parents having difficulty looking after their children is needed

·         An assessment is needed to check out the need for support

·         Concern is expressed about a child, with no harm or injury being involved

·         Information is given about the moral character of parents which gives rise to concerns for children

·         There is a need to find out which agency is best placed to provide service when there is a concern for a child.

1.1.6

The Local Authority (SSD) has a duty to investigate child protection concerns.

The Act says that where a local authority:

a.            Are informed that a child who lives, or is found, in their area

b.     

                                                             i.        is the subject of an emergency protection order; or

                                                                                          ii.        is in police protection; or

c.    Have reasonable cause to suspect that a child who lives, or is found in their area is suffering, or is likely to suffer, significant harm

The authority shall make, or cause to be made, such enquiries, as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare.

1.1.7

This is known in Local Authority Social Services Departments as a Section 47 enquiry. Such an enquiry is indicated if:

·         There is a need to check out information which clearly indicates that a child has already been harmed or injured

·         There is clear evidence that detailed descriptions of adult behaviour contain information about assaults on children which would normally cause harm or injury

·         There is a need to clarify whether actions causing harm or injury are deliberately intended, or are the result of over-zealous attempts to discipline a child

·         There are allegations about children from a number of independent sources, but with no reference to specific harm or injuries

·         There are reports from educational professionals , health professionals or police officers who have first hand evidence of harm or injuries to children.

1.1.8

The Convention of the Rights of the Child has 41 articles in the Section 1 these relate directly to children’s rights. Briefly they can be summarised as the right to:

·         Good health

·         Benefit from a better quality of life

·         Live with their own families who should be supported in bringing them up

·         The best alternative care if it is in their interest not to live with their own family

·         Be safe from harm, neglect, discrimination and exploitation

·         Have a view and express their views in all matters affecting them

·         A sense of worth and of their identity within their own culture

·         The best available education and other opportunities for development

·         Rest and leisure

·         Special care, education and training if they have a disability

·         Help when they have committed an offence

·         Their rights being protected and to be well informed about them.

2.

A Focus on Children with Disabilities and Care Leaders

2.1

Children with disabilities

2.1.1

The responsible adult is always the parent unless the disabled child is the subject of a care order.

If a child with disabilities is using the short break (residential respite care service) the parent is still the person with parental responsibility.

Any issues of concern are always to be directed to the local Social Services Department.

2.2

After Care / Learning Care

2.2.1

Local Authorities are required to advise, assist and befriend each child whom they look after with a view to promoting his / her welfare when he / she ceases to be looked after by them.

3.

The Responsibility of a Charity/Voluntary Sector Organisation

3.1

Management’s responsibilities can be summarised as follows:

·         Criminal Records Bureau vetting for staff

·         Awareness raising

·         Appropriate training

·         Management system of advice and support

·         Supervision, ad hoc consultation opportunities

·         Guidance on where to refer on to for discussion or help

This means helping you to deal with any concerns you have and making sure, as far as is possible, that no one is employed who is or may be a danger to children and young people (vulnerable adults).

3.2

Staff responsibilities can be summarised as:

·         Being alert to signs of neglect and / or abuse

·         Knowing how to raise such concerns with appropriate managers

·         Acting appropriately when concerned about a child / young person’s welfare

3.3

There are issues of confidentiality, appropriate information sharing and the individual staff member’s relationship with a service user, their carer, and the employer.

The best way to deal with all these is to seek help and guidance within the line management structure of the workplace. If you are acting in good faith and in an appropriate manner then your actions will be understood.

3.4

Child protection issues involve a range of potential allegations of abuse by:

·         Parent(s) / carer(s)

·         Strangers

·         Professionals (teachers, social workers)

·         Para professionals (volunteers)

·         Child to child

The appropriate referral to make is to the Local Authority Social Services Department (or to the Police).

3.5

Before making a referral to an agency with the statutory responsibility to make further enquiries into the possibility of child abuse workers should discuss their concerns with colleagues and their line manager. Open and honest communication and good supervision are essential.

3.6

Everyone shares some responsibility for promoting the welfare of children as a parent, a family member, a concerned friend, a volunteer, an involved professional or an employer.

Member of the community can help to safeguard children if they are mindful of children’s needs, and willing and able to act if they have concerns about a child’s welfare.

4.

Local Authority Agenda

4.1

Local Authority Social Services Departments have a big performance agenda. Performance Assessment Framework targets / indicators:

·         Stability of placements for children in care

·         Educational qualifications of children in care

·         Re-registrations on the child protection register

·         Employment, education and training for care leavers

4.2

The main concern of their children’s social care services is the safeguarding of children and the promotion of their welfare. There is a commitment to improving the outcomes for children and young people in the five key areas outlined in Every Child Matters:

·         Being healthy

·         Staying safe

·         Achieving their potential

·         Making a positive contribution

·         Economic well-being

5.

Anchorsholme School Staff

For staff at Anchorsholme School ; your duty is not to investigate child protection issues. You must be aware of issues and talk about any concerns you have with your line manager who must then inform the Child Protection Officer, currently Mrs Newbery, and/or the Headteacher.