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Child care law
There are various laws which affect children. Some give children particular rights, others are to protect them from harm. Below is a brief summary of some of the main legislation and 'sections' that can be found within:
The Apprenticeships, Skills, Children and Learning Act 2009
Protection of Children Act 1999
Criminal Justice & Court Services Act 2000
The Apprenticeships, Skills, Children and Learning Act 2009
This act includes new provisions under the Childcare Act by defining Sure Start Children’s Centres in law and includes the following legal requirements:
- A duty on Local Authorities (LA’s) to ensure sufficient provision of children’s centres to meet local needs.
- A duty on LA’s, Primary Care Trusts and Job Centre Plus to consider providing services through children’s centres.
- A duty on Ofsted to inspect children’s centres with the LA being accountable for the Ofsted outcomes and subsequent action plans and related work.
- The LA must ensure all children’s centres follow Local Safeguarding Children’s Board guidance including policies and procedures for handling allegations of abuse, ensuring all staff have appropriate child protection training, effective recruitment and vetting procedures for centre and third party staff within the setting and appointing a designated lead safeguarding person.
More detailed information on this act can be found on:
http://www.dcsf.gov.uk/apprenticeshipsskillschildrenandlearningact/
Childcare Act 2006
Here are some key points about the act that Devon County Council (and all Local Authorities) must work towards meeting:
- Local authorities must work together with their NHS and Jobcentre Plus partners toimprove the outcomes of all children up to 5. They must also reduce inequalities between them by integrating services to maximise access and benefits to families by providing Sure Start Children’s Centres in every community.
- Local authorities must assess the local childcare market to secure sufficient childcare for working parents which meets the needs of the community in general and in particular those families on lower incomes and those with disabled children. The local authorities must take the strategic lead in their local childcare market, planning, supporting and commissioning childcare by working with local private, voluntary and independent sector providers to meet local need.
- Local authorities must secure a free minimum amount of early learning and care for all 3 and 4 year olds whose parents want it.
- All providers caring for children up to age 5 will be required to register on the Early Years register and deliver the Early Years Foundation Stage (unless exceptionally exempted). Childcare settings providing for school age children will be judged against a streamlined set of Ofsted Childcare Register standards. These criteria will be compulsory for all settings caring for children under 8. Other providers may join the register on a voluntary basis.
Children Act 2004
The Children Act 2004 provides the legal framework for a framework of reforms for children and young people from 0 – 19.
This piece of legislation was accompanied by the launch of a major strategy document for English authorities, Every Child Matters: Change for Children, which has set the direction for a major programme of change in the delivery of children’s services.
The Children Act 2004 places a duty on services to ensure that every child, whatever their background or circumstances, to have the support they need to:
- be healthy
- stay safe
- enjoy and achieve through learning
- make a postive contribution to society
- achieve economic well-being.
The Children Act 2004 gives a particular responsibility to Local Authorities to ensure they co-operate with local partners such as NHS, Police, Schools, District Councils, Youth Offending Teams and Voluntary Sectors.
For children and families this means:
- Easier access to information and advice services at a local level
- Earlier support for parents experiencing difficulties
- Practitioners from Social Services and Education working together in teams
- One point of contact for information and assessment
- The statutory requirement for a Children & Young People’s Plan will identify priorities across all organisations with a responsibility for children and young people in the whole of Devon
- Ensure the welfare and safety for children and young people who may be at risk
The Children Act Report 2003
The Children Act Report 2003 was published in December 2004. Its publication is a statutory requirement flowing from the Children Act 1989 (s83(6)). The report draws together information drawn from research, statistics and inspection findings and consolidated together.
The Children Act Report 2002
The Children Act 2002 is a report by the Secretary of State for Education and Skills and the Lord Chancellor, on the Children Act 1989, in pursuance of their duties under section 83(6) of the Act, presented to Parliament, July 2003.
This report pulls together the latest information from statistical returns, inspections and research into a single concise document. It tells the story of the vitally important work of councils in safeguarding and promoting the welfare of children and young people. It shows that progress is being made in a number of areas, but there is still much to be done to achieve our objectives for vulnerable children.
Children Act 1989
This Act covers:
- Duty to investigate children in need or at significant harm
- Emergency Protection Orders (S44)
- Care and Supervision Orders
- Residence Orders (S8)
- Welfare checklist
- Secure Accommodation Orders
- Family Assistance Order
Adoption Act 1976
- The Act which allows children to be placed for adoption.
Protection of Children Act 1999
- The Act creates a system for identifying persons considered to be unsuitable to work with children.
Criminal Justice & Court Services Act 2000
This Act:
- Creates new National Probation Service and Children and Family Court Advisory & Support Service.
- Prevention of unsuitable people working with children.
- Probation Orders, Community Service Orders, Combination Orders and Electronic Monitoring.
- Penalties for parents who do not send their children to school regularly.
Sexual Offences Act 2003
This Act
- Aims to further protect children and people with a mental disorder from sexual crimes
- Widens the definition of rape
- Defines consent
- Amends and extends the existing abuse of position of trust offences.
- Strengthens the Sex Offenders Register
For further information on childcare law and statutory duties log onto the Every Child Matters homepage:
http://www.dcsf.gov.uk/everychildmatters/