Child Protection

1. Child Protection

2. Children Act 1989 • There is no single piece of legislation that covers child protection in the UK • Children Act 1989 was introduced to reform and clarify the existing plethora of laws affecting children • Paramountcy Principle: a child’s welfare is paramount when making any decisions about a child’s upbringing (Child First) although every effort should be made to preserve the child’s home and family links • Parental responsibility which is defined as “the rights, duties, powers and responsibilities which by law a parent of a child has in relation to the child and his property” • It sets out in detail what local authorities and the courts should do to protect the welfare of children

3. Children Act 1989 • Local authorities are charged with a duty to provide “services for children in need , their families and others” Section 17 • Charges local authorities with the “duty to investigate…if they 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 Section 47 • The Children Act 1989 defines harm as ill treatment (including sexual abuse and non-physical forms of ill treatment) or the impairment of health ( physical or mental) or development (physical, intellectual, emotional, social or behavioural) • Significantis not defined in the Act

4. Child In Need (section 17) • He/she 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 or her of services by the local authority OR • His/her health is likely to be significantly impaired or further impaired without the provision for him of such services OR • disabled

5. Types of Abuse (Harm) • Physical • Emotional (neglect/rejection/terrorisation) • Neglect (failing to provide love, care, food or physical circumstances that will allow a child to grow and develop normally. Intentionally exposing a child to any kind of danger) • Sexual • Of note harm includes impairment suffered from seeing or hearing ill treatment of another

6. Children Act 2004 • In response to Lord Laming’s inquiry in 2003 to Victoria Climbié’s death (2000) and the Green paper “Every Child Matters” • Does not replace or amend much of the Children Act 1989 • Sets out the process for integrating services for children- creating Children’s Trusts and Local Safeguarding Children’s Boards (LSCB) • Duty on all agencies to make arrangements to safeguard and promote the welfare of children

7. 5 important outcomes Essential to a child’s well being • Staying safe (from abuse, accidents, bullying, discrimination, crime and antisocial behaviour, having security, stability and being cared for) • Being healthy (physically, mentally, sexually) • Enjoying and achieving (basically being stretched at school) • Making a positive contribution (developing self confidence, choosing not to be involved in crime and bullying) • Achieving economic well-being (ready for life of work, but also being off the poverty line)

8. Exercise- Is this abuse?

9. Assessment framework • Where a child or young person is suffering or likely to suffer significant harm, then the following considerations need to be made • 1. assessment of child’s developmental needs • 2. parent’s or caregiver’s capacity to meet these needs • 3. wider family and environmental factors

10. Child’s Developmental Needs • Health • Education • Emotional and Behavioural Development • Identity • Family and Social Relationships • Social Presentation • Selfcare skills

11. Parental Capacity • Basic care • Ensuring Safety • Emotional warmth • Stimulation • Guidance and Boundaries • Stability

12. Family and Environmental Factors • Community Resources • Family’s Social Integration • Employment • Housing • Wider Family • Family History and Functioning

13. Predisposing factors of child abuse and neglect- child’s developmental needs • <1 year of age • Mental or physical disability • Behavioural problems • Prematurity • Developmental Delay • Communication

14. Predisposing factors of child abuse and neglect- parenting capacity • Mental health • Age • Alcohol and drugs • Single parents • History of previous abuse • Parent’s attitude/knowledge • Family support

15. Predisposing factors of child abuse and neglect- family and environment • Multiple siblings • Economic issues • Extended families • Culture/language • Deprivation • Lack of access to health services

16. Toxic Trio • Domestic Abuse • Drug +/- alcohol abuse • Mental Health problems (delusional behaviour and non-compliance)

17. Sexual Offences Act (2003) • Under 13’s cannot consent to sex • 13-15 year olds can consent to sex as long as appropriate age difference

18. What to do next? • Possibly identified an area of concern- assess severity- significant harm/criminal offence • Ascertain whether parent(s) are amenable to help • If is parent amenable having help- Child In Need (section 17) • Parent not amenable ( Section 47) • If concerns speak to paediatricians for assessment (especially if physical or sexual abuse) • Speak to local safeguarding team for advice, any other agency involvement • Refer to Duty Social Worker • Follow up with report within 2 days

19. Assess • If you assess a child is in need (Section 17) then a referral to children’s social care should be discussed with the child and parents. If they consent then refer to the local authority children’s social care • If a child is believed to be suffering from significant harm a referral should always be made to children’s social care • If concerns about a child who is already known to children’s social care then the allocated social worker should be informed • Professionals should seek to discuss any concerns with the child and family and where possible seek agreement to making referrals to children’s social care. This should only be done where such discussion and agreement will not place the child (or you) at significant risk of suffering significant harm

20. What happens when you decide to refer • Once discussed with children’s social care an initial assessment by them should be completed within 10 days • Within those 10 days at a strategy discussion if is thought that the child(ren) is at significant harm ie section 47 initiated then further evidence obtained and a child protection conference is held within 15 days

21. Child Protection Conference • The purpose of the Child Protection Conference is to assess the risk and to come up with a plan • Attendees: child, parents, social worker, extended family GP, Paediatrician, HV, school nurse, teacher, police, NSPCC, local authority legal services • The minimum of agencies needed to be present to make the conference quorate is 3 • Prior to the conference written report should be shared with the parents and child is age appropriate by yourself

22. Child Protection Conference 2 • The majority vote of professional persons there decide if child should be subject to a Child Protection Plan, chair has casting vote • You cannot abstain from giving a vote/opinion but can make a statement if you disagree with the decision • Plan then needs to be made • Following conference a Core Group meets 10 days later to discuss how the plan is to be implemented • Review from initial conference is 3 months, 6 months from review to review

23. References • Working together to Safeguard Children (DCSF-00305-2010) • NSPCC Child Protection Fact Sheet (October 2010) • www.safeguardingchildren.co.uk