Safeguarding children and adults at risk of abuse or neglect policy and procedure

Appendix B - guidance and legislation

Children Act 1989

The Children Act 1989 provides legislation to ensure that the welfare and developmental needs of children are met, including their need to be protected from harm. The welfare of the child is paramount.

Children Act 2004

Section 11 of the Children Act 2004 places a duty on all organisations to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children. The Act offered the legislative framework for the implementation of the five Every Child Matters principles which are considered to be integral to achieving positive outcomes and life chances for all children and young people form birth into adulthood. These principles are:

  • be healthy
  • staying safe
  • enjoying and achieving
  • making a positive contribution
  • achieving economic wellbeing

Working together to safeguard children 2018

This statutory guidance as revised by the government in 2018 details the roles and responsibilities of all agencies with the aim of promoting effective working together to promote the welfare and safety of children.

To see the 2018 working together to safeguard children statutory guidance please see the guidance on the Gov.UK website.

Inter-agency procedures for safeguarding children and promoting their welfare in Staffordshire are available on the Staffordshire Safeguarding Children's (SSCB) board web site.

The 'No Secrets' guidance is available on the Gov.UK web site.

Care Standards Act 2000

This Act details the statutory responsibility for all agencies to ensure the protection of vulnerable adults. In summary this Act:

  • establishes a new, independent regulatory body for social care and private and voluntary healthcare services ('care services') in England to be known as the National Care Standards Commission
  • provides for an arm of the National Assembly for Wales to be the regulatory body for such services in Wales
  • establishes new, independent councils to register social care workers, set standards in social care work and regulate the education and training of social workers in England and Wales
  • establishes an office of the Children's Commissioner for Wales
  • reforms the regulation of childminders and day care provision for young children
  • provides for the Secretary of State to maintain a list of individuals who are considered unsuitable to work with vulnerable adults

Care Act 2014

This Act builds on recent reviews and reforms, replacing previous legislation to provide a coherent approach to adult social care in England. Part one of the Act (and its statutory guidance) consolidates and modernises the framework of care and support law; it set out new duties for local authorities and partners, and new rights for service users and carers. The Act aims to achieve:

  • clearer, fairer care and support
  • wellbeing – physical, mental and emotional – of both the person needing care and their carer
  • prevention and delay of the need for care and support
  • putting people in control of their own care

Further information can be found on the Gov.UK web site.

Mental Capacity Act 2005

This provides a framework to empower and protect people who may lack capacity to make some decisions for themselves. The Act makes clear who can take decisions in which situations, and how they should go about this. Anyone who works with or cares for an adult who lacks capacity must comply with the MCA when making decisions or acting for that person. This applies whether decisions are life changing events or more every day matters and is relevant to adults of any age, regardless of when they lost capacity.

Interagency procedures for adult protection in Staffordshire can be found on the Adult Safeguarding Board's website.

There is a wide range of associated legislation and guidance available from the Office of Public Sector Information.