Level 3 Diploma Early Years Educator
Legislation relating to the safeguarding,
protection and welfare of children
Safeguarding is about preventing children from being abused and protecting them from abuse.
- Protection refers to guarding children who have been abused.
- Prevention refers to stopping children from being abused.
There are Laws that give the children the right to be safe from any form of harm or abuse.
These Laws are also referred to as Legislations or Acts that have to be observed by parents, child minders,
practitioners, teachers, organisation working with children and the general public.
The table below outlines the Legislations and guidelines that safeguard children.
| Legislation | Key principles | Linking to policies and procedures in EY setting |
|---|---|---|
| Children Act 1989 | Children's welfare is paramount. - Children's needs must come first above all; they must be fed, clothed and cared for. - They must be reared in an environment that enables them to be happy, health and safe. - Children must be safeguarded against all forms of abuse or risk of abuse. Every childcare and educational setting must have safeguarding policies and procedures for staff to follow. - Local authorities have a duty of care to safeguard children and promote their well-being. Local authorities should work in partnership with professionals, local and national agencies to safeguard and promote the well-being of all children. |
All childcare setting must be registered with the local authorities and Ofsted. Safeguarding policies and procedures Can you identify any of the policies and procedures in your setting? |
| Children Act 2004 extension of Children Act 1989 |
- Local authorities, early years settings and educational establishments must work in partnership with professionals
including health service providers, police, youth justice system to promote the well-being of all children and make arrangements to safeguard and promote the welfare of children. - 'Every child matters' initiative: all early years setting and educational establishments must support children to stay safe, be healthy, enjoy and achieve, make positive contribution and achieve economic well being. |
Disclosure policy CAF policy Referral policy Reporting & recording policy Key worker policy Arrival & departure policy Outing policy Missing child policy Outline the procedures for disclosure policy |
| Working Together to Safeguard Children 2015 | Local authorities, childcare settings education establishments, NHS, social services, police, probation
service workers and individuals should work
together and cooperate to promote the welfare of children who are at risk of significant harm or experiencing abuse. - Summarises nature and impact of child abuse and how to perform best practice procedures in child protection. - Outlines the processes to be adhered to when there are concerns about a child being or suspected of being, harmed, abused or neglected or suspected abu - Informs on fundamental principle to follow when working with children and families. - Sets out training requirement for effective child protection. |
Reporting and recording policy Disclosure policy CAF policy Missing child policy Key person policy Induction and training policy Outline the procedures for CAf policy Outline the procedures for reporting and recording abuse or suspected abuse Can you think of other policies in your setting? |
| Protection of Children Act 1999 | The law requires childcare organisations (including those concerned with supervision of children) not to offer employment involving regular contact with children, paid or unpaid, to any person listed as unsuitable to work with children on the Department of Health list. | Recruitment policies and procedures DBS check procedures. Outline the procedures for recruiting new applicants. |
| Disclosure and Barring Service (DBS) | To prevent unsuitable people from working with children, employers must ensure that criminal record checks are carried out for all those applying to work with children and young people. | Recruitment policy and procedures Do students and volunteers need DBS check? |
| EYFS Early years Foundation Stage Revised edition 2017 |
Sets out: Safeguarding and welfare requirements Suitable staff Qualified and trained staff Key person Staff: ratios |
Key person policy Mobile phone policy nappy change policy Non-collection policy Outline the procedures for the nappy changing policy Can you think of any other safeguarding policies in your setting? |
Legal requirements for all setting
- All childcare settings in UK must be registered with local authorities and OFsted who will regularly inspect them.- Codes of practice and work place policies must be drawn up within the framework of current legislation.
- All setting must have a nominated safeguarding officer who is specifically trained to undertake the role of safeguarding and child protection.
- Everyone in the setting including EYP, chefs, caretakers, volunteers and students on placement must undergo full DBS check and ensure clearance and suitability to work in the setting.
- Everyone working with children (including volunteers and students) must work together to promote children's welfare and safeguarding.
- All staff should have regular training and updating
Safeguarding Policies and Procedures in Child Care Settings
Policies refer to rules or standards that people have to follow and procedures refer to instructions on how the rules can be carried out .See the table below that outlines some of the policies and procedures in childcare settings and how they are implemented.
| Policy | Procedure | Examples of other policies in your setting |
|---|---|---|
| Suspected or apparent abuse | Any mark or injury on the child�s body should be investigated. Ask the child or young person what has happened. With regards to babies and toddlers talk to the parents. If there is still concern, then pass information on to the manager and safe guarding officer. |
? |
| Disclosure policy |
Listen to the child carefully and do not ask questions. Reassure child that you believe what has been said. Tell child you will protect them. Tell child you will need to talk to other adults in order to help him or her. D not promise the child you will keep the information a secret. Reassure the child that he/she is not in trouble and that he and she has acted properly. Once the conversation has ended, make notes before talking to anyone else: Record date, time and the factual details of what the child has revealed. Ensure to sign the notes. |
? |
| Nappy changing |
Gloves and aprons must be worn Cover area with clean paper Soiled nappy must be placed in a sack and disposed in bin lined with plastic liner Never rinse or wash non-disposable nappies Two people must be present during nappy changing and door must be left open Dispose of gloves and apron and wash hands thoroughly |
? |
| Mobile Phones | Mobile phones should be switched off during working hours and left in lockers or hand bags. Office phone should be used to make work related phone calls | ? |
| Visitors | All visitors have to show some form of identification then must sign in at the front desk and wear a visitors badge at all times. On arrival, visitors will be informed on emergency procedures and will be given advanced warning if one is expected for the day of their visits. |
? |
Analysing how safeguarding laws and guidelines
inform policy and procedures
Every childcare setting and educational establishments can safeguard the children by creating policies and procedures:
1. Drawing from the legislation requirements to set up rules on how to keep children safe. (policy)
2. Outlining the steps or instructions that must be followed to safeguard the children.(procedure)
3. Carrying out the instructions accordingly.
Examples:
Children Act 1989 and 2004 protects children from any form of abuse, so when an early years practitioner notices bruise marks on a child's arm, the practitioner must refer to the Ereporting and recording policyE that will inform them of what to do.
Children Act 1989 and EYFS framework protects children's right to privacy, so anything that involves nappy changing or toilet training must be carried out under the 'key person' policy.
Examine one of the legislation from the table above, and see which parts of it helped to form a safeguarding policy and procedure in your setting.
The early years setting are bound by safeguarding legislation, so it is important that the EYP understand and implement safeguarding policies and procedures
If there is any concern with regards to a child's well-being, safeguarding or any behavioural issues, the early years practitioners will be responsible for taking the necessary action. The role of the practitioners are to have knowledge about the policies that safeguard children and know what to do.
Role of EYP |
- EYP have duty of care to report abuse - EYP must know who to contact and how to contact when there are concerns about safeguarding - EYP must know when and how to make a referral to local authority, social services or the police - EYP must know when and how to use the Common Assessment Framework (CAF) - EYP must know when and how to use Shared Assessment - EYP must know when to call a Team Around the Child (TAC) - EYP have a duty of care to keep children safe and protect them from any form of abuse. - EYP must know the rules on confidentiality - EYP must obtain consent before sharing information - EYP must not disclose information about child's welfare in an inappropriate way - EYP must not keep information secret that has been revealed to you by another person who confides in you and ask you not tell anyone about an abuse that has happened. - EYP must know how to store information safely and how to access information From your setting, find out when and how to use the |
|---|
The table below shows the various forms of abuse and how to recognise them. The table also shows how abuse affects children in the short-term and long-term. The last column outlines the practical support that is available to victims of abuse.
| Type of abuse | Examples | Signs & Symptoms | Behaviour Displayed | Consequences / support |
|---|---|---|---|---|
| Physical | Punching, shaking slapping pushing kicking pinching. |
Burns Bite marks Bruises Fractures Unexplained weight loss. |
Withdrawn and quiet. Aggressive towards other children. Shows aggressive acts during role play scenes. |
Long term withdrawal Lack confidence Poor social life Counselling in person |
| Emotional maltreatment | Ignoring Constantly criticising or belittling Blaming Threats of harm Yelling and swearing frequently Name calling Bullying restricting movement, degrading , humiliating bullying and threatening, ridiculing, scaring. |
Fear, depression or
loss of sleep. Low self-esteem Lack of confidence and anxiety Increased levels of confusion |
Attention seeking behaviour Seeking affection and being clingy. Difficulty in socialising with other children. Tell lies Sucks thumb, rocks to and fro and plays with own hair. Withdrawn behaviour |
Difficulty forming relationships with people. Lonely and isolated from the community. Join support groups |
| Neglect- failure to meet a child's basic physical and/or psychological needs | Deprived of food and water or failure to provide nutrition, shelter and safe living enviro. |
Malnutrition Underweight Dirty clothing/bedding Lack of personal care Untreated medical problems |
Parents rarely present in dropping and collecting children from nursery. Older siblings caring for their younger siblings. Children mention they are unsupervised at home. |
Stunted physical development chronic Illnesses Learning delays Medical and special education support |
| Sexual | Touching, kissing, rubbing or being intimate. | Bruises or scratches. Difficulty walking or sitting. Soreness around the genitals. Itching or pain in genital area. Discharge from genital area. Torn, stained or bloody underwear. |
Sucking thumb and rocking. Displaying sexual behaviour in their play. Expresses knowledge of adult sexual behaviour. |
Forming relationships with people Not able to trust anyone Counselling support |
| Bullying | Give an example of bullying |
Identify signs and symptoms of bullying |
How does bullying affect behaviour |
What are the consequences? |
| Digital abuse | Possible risk of abuse | Consequences | Ways of preventing digital abuse |
|---|---|---|---|
| Internet Chatline |
Grooming:
Paedophiles chat on line, make friends, build trust by lying and deceiving children and young people about their identity. Sharing inappropriate images of sexual nature between abusers On-line game abuse between other gamers Cyber bullying : Threaten, embarrass or tease. Talking to strangers and revealing personal information: mobile numbers and pictures of themselves. Making sexual comments. |
Grooming Kidnap Rape Murder Feel lonely Feel unhappy Feel frightened Feel unsafe Depression Low-self esteem Not attend school Suicidal |
Keep computer in a family room.
Report any suspected to police. Monitor games Schools supervise the use of computers and control access to websites. Have pass word access to computer usage. Use software to filter out inappropriate websites. Teach children and young people to keep personal information safe. |
| Mobiles | Inappropriate text messaging.
Sending inappropriate images. Taking indecent pictures. Bullying and teasing. |
Feel unhappy
Feel frightened Lose confidence Become withdrawn Not attend school Suicidal |
Explain to child not to give mobile phone number to strangers or people he/she does not fully trust. |
Action to take
if abuse suspected or alleged
or disclose policy
| Action to take |
When the child reveals or alleges that he/she has been abused, your role is to carry out the instructions in the
'Disclosure policy' Listen carefully to the child Assure him /her by telling you believe them Don't ask questions or cross-examine child After the disclosure: Record precisely what the child tells you and note any visual signs of abuse. Report to the allocated safeguarding person in the setting ACtion taken by safeguarding officer: A written refer to children social services if child is at risk of significant harm or abuse. A referal to a local Children centre that will provide structured family support e.g if parents finding it difficult to manage child's behaviour Offer support by refering child to a specialised group or profession e.g child who always appears withdrawn and problems with talking referred to a speech therapist Give advice e.g on personal hygiene No action taken where a reasonable explantion has been given for child's injury. |
|---|
Rights of parents, children, and carers
of suspected or alleged abuse:
- It is important to report any inappropriate behaviour regarding safeguarding.
- Children are the priority within the setting and it is the duty of every practitioner to protect and prevent children and young people from harm or abuse.
- If a member of staff witnesses a colleague displaying inappropriate behaviour, then he/she can approach the person direct to raise the issue.
- If a member of staff is positive that he/she has definitely witnessed an inappropriate behaviour that is against the laws, then he/she must report it to the safeguarding officer as soon as possible.
- Poor practice or unacceptable work manner may be reported to manager by a member of staff.
- Member of staff being reported is a good friend
- Member of staff being reported is a supervisor or a manager
- Fear of losing one�s job for whistle blowing
- Fear of being unaccepted by other members of staff
Issues with whistle blowing:
| Agency | Role |
|---|---|
| Child exploitation and Online Protection Centre CEOP |
To eradicate the sexual abuse of children. |
|
National Society for the Prevention
of Cruelty to Children NSPCC |
Provides a Child Phone Line �advice Provide 24 hour online service Provide a help line for people who are worried about a child. Provides services to support families and children. Shares expertise with other professionals. |
| Disclosure and Barring Service (DBS) |
Helps organisations identify people who are unsuitable for certain types of work involving contact with children. Does criminal checks on individual who want to work with children. |
| Police | Work closely with children's social care to protect children from harm. Take immediate action if children are in immediate danger. Attend court to give evidence when a crime has been committed. |
| Social services | What is their role? |
| Kids safety | What is their role? |
Benefits of partnership working together to
safeguard and protect children's welfare
The safety and welfare of children depends on agencies which work together to provide an effective service. There are benefits of partners to protect children's welfare and
and safeguard them from any form of abuse.
- Early intervention - getting help early on will prevent delays and problem escalating.
- Early referral - get the necessary help quicker.
- Initial assessments conducted by specialist children's social worker - will offer necessary support service or take urgent action to protect child from abuse.
REFERENCES
DFE (2017) Early Years Foundation Stage Framework (EYFS)
https://www.gov.uk/government/publications/early-years-foundation-stage-framework--2
DFE (2014) Development Matters in the Early Years Foundation Stage (EYFS)
http://www.foundationyears.org.uk/eyfs-statutory-framework/
Every Child Matters (2003)
http://webarchive.nationalarchives.gov.uk/20130403155730/https://www.education.gov.uk/
publications/standard/publicationDetail/Page1/DfES/1081/2004
Early learning and childcare
https://www.education.gov.uk
Every Child Matters (2003)
https://www.education.gov.uk/consultations/.../EveryChildMatters.pdf
DFE (2014) Development Matters in the Early Years Foundation Stage (EYFS)
http://www.foundationyears.org.uk/eyfs-statutory-framework/
DFE (2014). Statutory framework for the early years foundation stage
http://www.foundationyears.org.uk/eyfs-statutory-framework/
DEF(2014). Early years (under 5s) foundation stage framework (EYFS)
https://www.gov.uk/government/publications/early-years-foundation-stage-framework--2
DFE (2014) Keeping children safe in Out of hours provisions
http://www.foundationyears.org.uk/eyfs-statutory-framework/
DFE(2014) Early Years Outcomes
http://www.foundationyears.org.uk/eyfs-statutory-framework/
Parents� guide to EYFS (2014)
http://www.foundationyears.org.uk/eyfs-statutory-framework/
What to expect and when (2014)
http://www.foundationyears.org.uk/eyfs-statutory-framework/
The British Association for Early Childhood Education
http://www.early-education.org.uk
(Supported by DFE)
Parliament (2003) Every Child Matters
https://www.education.gov.uk/consultations/.../EveryChildMatters.pdf
Caroline Meggit & Tina Bruce (2014) CACHE Level 3 Early Years Educator. Hodder Education:London
Caroline Meggit (2011) CACHE Level 3 Children & Young People's Workforce Certificate. Hodder Education:London
Tassoni et al (2014) Level 3 Early Year Educator. Pearson: Harlow Essex
Tassoni et al (2011) Level 3 Certificate for the Children and Young People's Workforce. Pearson: Harlow Essex
www.gov.uk/government/publications/2010-to-2015-government-policy-childcare-and-early-education
www.education.gov.uk/publications
www.foundationyears.org.uk.
www.legislation.gov.uk/
www.4children.org.uk
https://www.nspcc.org.uk/preventing-abuse/safeguarding/