Child Protection

							Child Protection
      The Law

    Kate Quarrell
       Child Protection Register
             England 2002
25,700 Children on the Register in England

                      Boys       Girls

•Multiple cause      2.1       1.9
•Sex                 1.1       1.6
•Physical            2.3       1.9
•Emotional           2.5       2.1
                      5.3        4.6     Thousands
•Neglect                    


                                          Source DH
    Recent Historical Perspective on
           Child Protection
   1960’s Term battered baby introduced
    recognising abuse
   7.1.73 Maria Caldwell battered to death
   1976 Government advised that all areas should
    have a register of children at risk
   1984 Jasmine Beckford Aged 4 years
   1986 Childline
   1987 Cleveland
   1989 Children Act
             Children Act 1989
   Child protection was its main concern
   Criteria to make decisions
   Concept of significant harm introduced.
   Categories of abuse defined :Physical Abuse,
    Emotional abuse, Sexual abuse, Neglect
   Professionals should work in partnership with
    parents
   Children are best brought up in their families
    and local authorities have a duty to give support
    to children and families to facilitate this,
           Children Act 1989
   Threshold at which state could intervene
    in family life

          Family           State
          Autonomy         Intervention
                Family Life
   Not really challenged until 1960’s
   Vary and there is no one perfect way to
    bring up a children (H M Government
    2006 p. 1)
   “Care must be taken to avoid value
    judgements and stereotypes.” (DH 2001
    p64)
             Significant Harm
   Significant harm – threshold for
    intervention
   “ There is no absolute criteria on which to
    rely when judging what constitutes
    significant harm” ( H M Government 2006
    p 6)
   Frequently an accumulation of events
                     Harm
   Ill treatment includes sexual abuse and ill
    treatment that is not physical
   Impairment of health or development
   Abuse is actual harm or failing to protect
    from harm
  Assessment Framework (DH 2000)
Child’s Development needs             Parenting Capacity
 •Health                             •Basic care
 •Education                          •Ensuring safety
 •Identity                           •Emotional warmth
                          Child
 •Social presentation                •Stimulation
                        safeguard
 •Self care skills                   •Guidance & Boundaries
                        & promoting
 •Relationships                      •Stability
                          welfare
 •Emotional
 •Behavioural
                 Family & Environmental factors
      •Family History & Functioning •Wider family
      •Employment                   •Income
      •Housing                      •Community resources
Initial Child Protection Proceedings
   Referral – within 1 day of identifying risk,
    unless urgent. Verbal referral needs to be
    confirmed in writing within 48 hours.
   Strategy discussion
   Investigation Process:
   Initial Assessment by Social Services or
    NSPCC within 1 day
   Fuller assessment within 7 days
   Core assessment within 35 days
       Outcome of Investigation
   No further action
   Section 17 Enquiries – Children in need
   Emergency Protection Order
   Initial Child Protection Conference
   Interagency Child Protection plan
   Core meeting within 7days of plan
   Review conference – 3 months
Child Protection Court Proceedings
   Family proceedings court
   The county court
   High court
   Decisions are made by Magistrates or
    Judges
    Basis for Decision Making within
               the Court
   Balance of probabilities
   More than 50% chance
   Welfare of the child is paramount
   Met the following criteria: Threshold
    criteria, welfare principle, care plan and
    Human Rights Act 1998
                Types of Action
   Section 46 Children Act 1989: Police Protection Powers –
    lasts for 72 Hours
   Section 46 or 47 Children Act 1989: Emergency
    Protection Order Lasts for 8 days can be extended for a
    further 7 days. Gives the Local Authority Shared
    Parental Responsibility
   Interim Care Order
   Full Care Order
   Residence and Contact Orders
   Supervision Order
   Exclusion requirement may be included in an Interim
    Care Order or an Emergency Protection Order
   Adoption
                Victoria Climbié
            02.11.1991 – 25.02.2000
   “Victoria had the most beautiful smile
    that lit up the room”
   “ You could beat her and she wouldn’t
    cry……she could take the beatings and
    the pain like anything”
   Dr Carey recorded evidence of no
    fewer than 128 separate injuries to
    Victoria's body, saying, "There really is
    not anywhere that is spared - there is
    scarring all over the body."
   Missed opportunities – Haringey Social      (Laming 2003)
    Services closed Victoria's case the day
    she died
               Lauren Wright
           16.07.1993 - 6.05.2000
   - 60 bruises on her body
   'Missed opportunities'
   "Staff of all agencies in Norfolk involved with Lauren
    Wright missed opportunities to make sense of and
    interpret her circumstances in the light of her current
    and previous experiences," said the report.
   "At no time was a full social history of members of the
    household and extended family taken by any of the
    agencies.
   "And the opportunity to fully assess Lauren Wright's
    situation was weakened by not acting with due urgency
    on referrals or calling a child protection conference."
                            (Norfolk Health authority 2002)
           Children Act 2004
   Local Safeguarding Children Boards
   Duty of Agencies to make arrangements
    to safeguard and promote the welfare of
    children
   Basis of the Act is Every Child Matters
    which was influenced by 1st Joint
    Inspectors Report 2002 & The Victoria
    Climbié Inquiry (Laming 2003).
        Every Child Matters (2003)
               Outcomes
   Stay safe
   Be healthy
   Enjoy & achieve
   Make a positive contribution
   Achieve economic well-being
   Wellbeing defined in terms of these 5 outcomes
   Linked to the United Nations Convention on the
    Rights of the Child
   Article 19 The right to be protected from harm
             Safeguarding
 Protecting children from maltreatment
 Preventing impairment of children’s health
  or development
 Ensuring that children are growing up in
  circumstances consistent with the
  provision of safe and effective care
 Section11 Children Act 2004
    Section 53 Children Act 2004
   Amends sections 17 & 47 of the Children
    Act 1989 to include seeking the child’s
    wishes and feelings prior to allocation of
    services or action
Section 11 of Children Act 2004
   Professionals need to be aware of their
    safeguarding responsibilities
   All health professionals can recognise risk
    factors & contribute to reviews
   Working Together to Safeguard Children
    (2006) Recognises the risks of abuse to an
    unborn child
    Working Together to Safeguard
            Children 2006
   1st 8 chapters are statutory guidance
   Recognises Risk is a complex decision:
    Leaving a child too long in a dangerous
    situation or removing a child unnecessarily
    from their family (p. 3)
   5.4 some of the worst failures have
    occurred when professionals have lost
    sight of the child and concentrated on
    their relationship with the adults
      Sexual Offences Act 2003
   Child under the age of 13 years is not legally
    capable of consent.
   Sexual activity under 16 is also an offence.
    Consideration should be made as to whether
    there needs to be a discussion with other
    agencies. It should be discussed with child
    protection lead for the organisation
   Checklist 5.27 (Working Together to Safeguard
    Children 2006)
Female Genital Mutilation Act 2003
   Criminal offence since 1985
   Title change from Female Circumcision
   It is also an offence for UK nationals or
    permanent UK residents to carry out FGM
    abroad or aid or procure the procedure
    abroad even if it is legal in that country.
         Other Legislation
 Data Protection Act 1998
 Access to Health Records 1990

 Domestic Violence, Crime and Victims
  Act 2004
 The common law of duty of
  confidentiality
      Human Rights Act 1998
   Confers the same rights on children as
    adults
   Article 3 guarantees that no individual be
    subjected to torture or to inhuman or
    degrading treatment or punishment
   Article 8 Right to respect for his private
    and family life. No interference except in
    accordance with the Law
Look Beyond What is Presented




   Safeguarding children is everyone’s
    responsibility