Report of Child Protection and Legislation

SAMPLE REPORT ON CHILD PROTECTION AND LEGISLATION

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Table of Contents INTRODUCTION ............................................................................................. 1 FACT-SHEET 1 → TYPES OF ABUSE ......................................................... 1 Criteria 1.1 .....................................................................................................1 FACT-SHEET 2 → INDICATORS OF THE ABUSE ....................................2 Criterion 2.1 ...................................................................................................2 FACT-SHEET 3 → PROFESSIONALS WORKING TOGETHER FOR REDUCTION IN ABUSES ..............................................................................4 Criterion 3.1 ...................................................................................................4 WRITTEN ADVICE FOR NURSERY MANAGER .......................................5 CONCLUSION ................................................................................................. 6 REFERENCES ..................................................................................................7

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INTRODUCTION Every nation within UK holds the responsibility of formulating its policies as well as laws that hover around education, social-welfare and health. Laws are frequently formulated for prevention of behaviour that could harm a child. This also has inclusion of required actions that keep children same from any harm. As per the current statistics, near about 57,000 children have been found out who need to be protected from abuse in UK (Johns, 2017). In response to this there are nearly about 93,000 children under care within UK. So the report will throw light upon various aspects of child abuse in UK as well as the associated legislation for protection of children against any harm caused.

FACT-SHEET 1 → TYPES OF ABUSE Criteria 1.1 a) Abuse: Abuse is regarded as an action purposely committed for harming other individuals. b) Protection: Protection is defined as a type of legal-measure whose intention is preserving the rights and civil-liberties (Hodes, Armitage and Creighton, 2016). c) Safeguarding: With reference to the children, safeguarding is defined as the action undertaken for the welfare as well as protection of them from any type of harm. d) Defining 'Harm' and 'Significant-harm’: The ill-treating of or impairing health/development of child comes under harm. Determining whether the harm is significant or not is done by comparing him/her with another child of same age on the parameters of development & health.

When the well-being of a child along with his/her development is getting affected in a severe manner then, significant harm's threshold is reached.

At a given time, a could be made subjected to more than one forms of abuses. The child abuse can be classified into four official categories that have been briefly discussed below:

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I. Emotional Abuse: As defined by the NSPCC, UK, maltreating the children or either the act of neglecting them is regarded as emotional abuse. This type of abuse is usually found out in between the relationship that exists among a child and his/her parent/carer. This is instead not an outcome of patterned events or either a specific event.

This usually occurs when needs such as approval, consistency, affection and security are not met. All these come under the category of developmental needs. The manifestation of child abuse could be found out by the behavioural, affective, cognitive or either the way of physically-functioning of a child (Been and et.al., 2014). Some common examples include: insecure-attachment, unhappy, lower self-esteem, underachieved education. If the child is found happy then there is a possibility that is getting affected by some act that is emotionally hurting him. Also, in schools teasing by bullies may have lowered their self-esteem.

II. Sexual Abuse: The act of enforcing a child for taking part in sexual activities is termed as sexual abuse, as defined by the NSPCC. This type of abuses occurs when a child is forced to take part in sexual activities despite considering that whether they are aware or not. The examples include acts of violence, inappropriately touching, making them watch inappropriate sexual-activities. In such abuses both males and females could be found to solely perpetrate them. Often, it is found that adults for their pleasure often enforce the children to take part in inappropriate sexual activities. This causes them sexually abused because it is affecting them by providing harm.

III. Physical Abuse: The act of abusing the child causing them injuries such as bruises, cuts, burns is termed as physical abuse, as defined by NSPCC (Types of child abuse, 2017). Such abuses usually result in actually or potentially harming a child physical way by lesser interactions, which comes under control of parents or any other responsible or trusted person. There is a possibility that either single or multiple repetitive incidents could occur. Examples of such abuses include either induced or fabricated illness. Symptoms of such abuse could not be clearly explained by aid of medical tests and usually are The experts of Instant Assignment Help offer top notch and plagiarism free assignment writing service with 25% discounted Price

observed by a parent/carer when they pay visit to their child at hospital. Parents often ill-treat children on misbehaving. Some are found to physically beat their children if they do not follow their instructions. This is another physical abuse because the children are being harmed by beating thereby causing bruises and marks on their body.

IV. Neglect: The act of failing in meeting the basic needs and demands of children is termed as neglect, as defined by NSPCC. It could be described within the terminology of omission in which children suffer from either impaired development or any other sort of significant-harm. These abuses occur because of being deprived from having food, clothes, warmness, safety, supervising, getting attached towards affection provided from adults or providing medical-care (Darlington, Healy and Feeney, 2010). For example, not providing adequate nutrition to child may affect his/her height or weight which might turn out to be significantly lower than it should be. If child has been consistently deprived from intellectual-simulation, then he/she might be missing the classes in school. Children are filled with anxiety. They often seek attention from friends and adults to listen to them. But busy schedule causes the adults to neglect their basic needs thereby ignoring them. Henceforth, this harms the child and he might go in depression as well.

FACT-SHEET 2 → INDICATORS OF THE ABUSE Criterion 2.1 →Indicators of Emotional Abuse: Emotional abuse often slows down the development process of children. So, if the carer observes that the child is unable to develop as compared to rest of children then this possible indicator that they are being emotionally abused by some activity.

Another possible indicator is that child is facing problems in getting attached to some person. This could mean that he is not able to trust the person because earlier his trust might have been broken by that person. Or The experts of Instant Assignment Help offer top notch and plagiarism free assignment writing service with 25% discounted Price

others breaking he trust of child might have negatively affected the child in getting attached to some person. The carer could observe this when the child is facing difficulty in getting attached.

Another possible indicator is when the carer observes that the child suddenly starts reacting in a very aggressive manner.

When the child is facing problems to gain confidence regarding an act or task then is a possible sign of emotional abuse because something has been there in his mind which is stopping him to do the activity with full confidence.

When the carer observes that the child is having difficulty in relating himself to other children then this is a possible indicator for the carer to observe that the child is being emotionally abused.

Commenting on the fact that these are indicators of emotional abuse, a crucial part is involved. These indicators are often found out to hurt the inner self of children that at times makes them depressed. The reason that these indicators are abuse is because the child is being emotionally affected by certain events occurring in their lives. They get affected in adverse way which is a type of abuse only. These are found out by the behaviour shown by children. Also, this behaviour could turn out to be an indicator of another type of abuse as well. →Indicators of Sexual Abuse: Often the children to have sexual-knowledge which is very inappropriate considering their age. This is a possible sign they are being abused by someone that is they are being sexually abused.

Children are often found to commit the act of suicide because of being enforced in sexual conducts. In this case there is a possibility that are being abused by their close family members itself.

Another possible indicator is that the child is found to draw drawings of the genital parts that consistently hover in their minds because of being abused. The carer could easily observe this as a sign of sexual abuse upon the child. Furthermore, the observing of blood traces on the under clothes of child is another possible indicator of child getting sexually abused.

This also affects the concentration power of the child and causes him difficulty in learning new methods. This is easily observable by the carer.

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Both types of gender in children could be found out to be the victims of sexual abuse (Ferguson, 2011). The inappropriate acts done to a child affect their physical health and poses an impact on their behaviour as well. The child is unable to cope up with extracurricular activities and does not effectively takes part in any other conversations with friends or family. →Indicators of Physical Abuse: The most significant indicator of physical abuse is the observing of bruise marks on the body parts of children. Another indicator is when the carer observes that the body parts of child are swelled up. Also the observing of burn marks and scars on the body of child is another indicator for the carer that the child is being physically abused.

Such abuses affect the child's body in an adverse manner. The child could possibly lose their certain abilities of walking, talking etc. because of such an abuse. Such abuses could also possibly cause death to a child if severe injuries are observed. → Indicators of Neglect: When the child is significantly shorter or is under-weighted than he/should be as per the chronological-age. Then this the possible indicator for neglecting of the child.

Another possible indicator is that when the skin of child is found out to be either in poor condition it is coldly mottled. Also, the swelling of the limbs when observed is certain act of failure in fulfilling the basic needs of nutrition for the child. The delay in healing of the sores and cuts is another possible indicator of neglect.

Act of neglecting often causes some serious problems or diseases to a child. However, these acts of neglect are very difficult to observe. Act of neglecting often affects the health of child (Stafford and et.al., 2011). So in order for finding them, proper health and social care professionals should be considered. → The version that is provided by the person regarding child abuse must match and be consistent with the observing of injuries. This could be understood by the fact that when injuries are found on the legs or arms of child then there is a possibility that he might have fallen or met with accident.

This can't be treated as a sign of abused until proven by the truthful The experts of Instant Assignment Help offer top notch and plagiarism free assignment writing service with 25% discounted Price

statements of child itself. There might be occurrences of case where medical examination might be required to determine whether the caused injuries are accidental or result of abuse. If the carer refuses for the medical examination then, help could be taken by the Child Assessment Order (Working Together to Safeguard Children 2015, 2017). → As stated by the section 47 of Children Act, 1989, duty is effectively laid down for significantly identifying whether the child has been suffering from a harm or is at a risk of being harmed.

FACT-SHEET 3 → PROFESSIONALS WORKING TOGETHER FOR REDUCTION IN ABUSES Criterion 3.1 Civil-law and criminal-law are the two broad categories of legislation that cover child-protection. Civil law has been further divided into public and private laws. Under public-law risks imposed on children are minimised and also the required action which has to be taken when child is found under risk.

On the other hand, private laws allow the professionals to carry with the family proceedings. The criminal-law deals with individuals who offend against children. Keeping all these in mind, NSPCC was formulated in 1884 in order to influence and draft the legislation for protecting the children’s.

Existence of laws regarding child-abuse has been observed at local, federal as well as state levels. The federal government in the year 1974 passed the Child Abuse Prevention and Treatment Act (CAPTA), and in 2010 reauthorized it. Under this legislation, all the children are assured to be treated in an ethical, legal as well as fair manner. This act also protects a child from any form of emotional, physical, neglect and sexual abuses.

The currently followed child protection system is on the basis of The Children Act of 1989. It formulates a list of details regarding local authorities the methodology that court shall adopt for protecting the child's welfare. Its section 31 enables the NSPCC (National Society for Prevention of Cruelty to Children) necessary power to directly imply court's orders if as per it, any child is likely to suffer significant harms (Child protection in the UK, 2017).

The act defines the 'harm' as a type of ill-treatment or impaired/development health. But no specific claims have been mentioned about 'significant-harm'.

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So, it’s the court's responsibility for deciding what could possibly be a significant harm by observing every aspect of case. Furthermore, Acts such as the Criminal Justice and Immigration, 2008, causes the people who sexually abuse children, face the prosecution in UK. In addition, the children are also provided necessary justice as well as protection regarding sexual abuses by The Sexual Offences Act of 2003.

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A certain set of professionals are established as mandatory-reporters by aid of mandatory reporter laws. If any sort of abuse is suspected to be occurring on a child, then mandatory laws enables the people closely working with children within their profession, to alert the police. Also these laws have further stated that penalties will be there if failure is observed in the reporting of abuse.

For filing a lawsuit, statute of limitations provides the deadline.

According to this, lawsuit should be filed within the time limit as soon as the crime has been occurred or discovered.

As stated by the Paramountcy Principle (Section 1 in Children Act, 1989), three main principles have been set up. The main paramount involved is the ensuring of welfare of child. Secondly, the welfare of children gets prejudiced if any delay is there in the ensuring of welfare. Thirdly, no order should be formulated by the court until & unless this order is benefiting the child by ensuring the welfare instead of no-order.

The social workers, police, healthcare professionals are also there for ensuring the welfare of the children. If any sort of harm or abuse is observed The experts of Instant Assignment Help offer top notch and plagiarism free assignment writing service with 25% discounted Price

then the people could consult police for taking care of necessary investigation needed (Children Act 1989, 2017). Also, to determine whether injuries observed is accidental or abuse, medical examinations would be required which will involve the role of healthcare professionals. When the carers cause problem in investigation of police and no legal activities carried then the social play a key role of protecting the welfare of the children who are unable to express themselves.

Also, the document of Working-Together-to-Safeguard-Children-2015, stated that the safeguarding of the rights of children and welfare of them is responsibility of every person. Every professional along with organization should fully participate in safeguarding of the rights and protection of children. Furthermore, the formulated services must possess a child-centric approach. They need to clearly take in consideration the viewpoints and requirements of children.

WRITTEN ADVICE FOR NURSERY MANAGER As per the current statistics more than 6,000 children in UK have been referred to the child services. Also, as per the standards set by EYFS Framework of 2017, school as well as providers of child-care have to meet them (EYFS Statutory Framework, 2017). This is in order for ensuring that all children under 5 are able to learn, develop and also cared about.

Furthermore, Lord Laming's report of Victoria Climbie's death led to the formulation of driving towards integrated working by the Labour Government. Since then the Children Act, 2004 has been followed. This act has led to the setting up of Children Services Departments for providing social-services to the children. Also, Children's Trust along with Safeguarding boards. These boards enable regular meetings of agencies for implementing of the safeguarding practices of children. Furthermore, ECM (Every child matters have been provided the legal ability for taking the safeguarding measures. Also, this act also initiated the role of a Children's Commissioner for ensuring the safeguarding of children. In addition to this, for encouraging the multi-agency working, Common-Assessment-framework was also formulated by the Labour Government.

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As mentioned above, my advice is based upon te current legislation and guidance provided by the policies. Yasmin always wants to be in charge of her activities. This makes her go into a state of distress when other children do not follow her. This trait of behaviour might be a possible outcome or indicator of emotional abuse. If any children do not listen to her, she suddenly gets aggressive which is an indicative of dealing with stress or fear that she might be neglected by other children. Her inappropriate behaviour from the past 3 months is possible indicative that she is definitely suffering from some kind of abuse in the nursery. This could be said so because she for long hours watches TV and also in her art works, she keeps on drawing circles. As defined by the sexual abuse definition in UK, there is possibility that Yasmin could have watched some inappropriate content that have caused such a behaviour (Been and et.al., 2014). Henceforth, general manager should carry on further investigation and if any case of sexual abuse is found out then, as per the Sexual Offences Act, necessary prosecutions should be carried out.

Also, as stated by Yasmin to Vicky, she is tensed about the relationship of her mother and her boyfriends. She is emotionally getting abused which is directly affecting her behavioural traits. There is a possibility that her mother's friends have been sexually abusing her or ill-treating because of which she is showing this concern So this could possibly come under both physical and sexual abuses. Also, she might have seen them fighting which have emotionally impacted her. Also, the abusive behaviour shown by her towards the other children could be the possible result of emotional abuse being faced by her.

The symptoms which are currently observed in case of Yasmin are a result of emotional abuse and if proper investigation is carried it is possible that a case of sexual abuse is also to be there. So, NSPCC shall be consulted to directly do the prosecution in court under the clauses of CAPTA, The Sexual Offences Act, Criminal Justice and Immigration Act, The Children Act (Humphreys and Absler, 2011). The clause of Sexual Offences Act and Criminal Justice and Immigration Act shall be used only if necessary evidences and in case evidence are not found Yasmin could be treated in proper way so that she confesses her reason for such behaviour. Also, the The experts of Instant Assignment Help offer top notch and plagiarism free assignment writing service with 25% discounted Price

EYFS Framework of 2017 could be referred for consulting multi agencies for safeguarding the rights of Yasmin. Also, as per the section of 17 in children act, 1989, Yasmin is the child in need that has to be safeguarded. If examining by doctor is hindered then the section 43 of Children act,1989 could be referred by implementing child assessment Order (Cheminais, 2014). Furthermore, for the aspect of future, on account of abuse done from the family members, immediate removing from home should be done as the section 44 of children act, 1989. The happenings that could occur in the future, the section 31 of Children Act, 1989 should be consulted which will ensure Care-Proceedings.

CONCLUSION In every possible manner child should be provided protection from any sort of abuses. The legislations of UK are pretty much effective enough to carry on with the prosecution of such cases. Filing of case should be immediately done within the deadline as the discovery of any such childabuse is observed. In addition, every citizen must try to be aware about their surrounding environment. They should immediately alert police if any sort of child-abuse is observed so that children could be provided a safe environment that prevents them from any harm.

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REFERENCES BOOKS AND JOURNALS Been, J. V., and et.al., 2014. Effect of smoke-free legislation on perinatal and child health: a systematic review and meta-analysis. The Lancet 383(9928). pp.1549-1560.

Darlington, Y., Healy, K. and Feeney, J. A., 2010. Challenges in implementing participatory practice in child protection: A contingency approach. Children and Youth Services Review. 32(7). pp.1020-1027.

Ferguson, H., 2011. Child protection practice. Palgrave macmillan.

Stafford, A., and et.al., 2011. Child protection systems in the United Kingdom: A comparative analysis. Jessica Kingsley Publishers.

Johns, R., 2017. Using the law in social work. Learning Matters.

Humphreys, C. and Absler, D., 2011. History repeating: Child protection responses to domestic violence. Child & Family Social Work. 16(4). pp.464-473.

Hodes, D., Armitage, A. and Creighton, S. M., 2016. Female genital mutilation in children presenting to a London safeguarding clinic: a case series. Archives of disease in childhood. 101(3). pp.212-216.

Cheminais, R., 2014. Every Child Matters: A practical guide for teachers.

Routledge.

ONLINE Child protection in the UK, 2017. [Online]. Available Through : <www.nspcc.org.uk/preventing-abuse/child-protection-system/>.

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Types of child abuse, 2017. [Online]. Available Through : <www.nspcc.org.uk/preventing-abuse/child-abuse-and-neglect/>.

[Accessed On: 22nd June 2017].

Working Together to Safeguard Children 2015, 2017. [Online]. Available Through: <www.safeguardinginschools.co.uk/working-together-tosafeguard-children-2015/>. [Accessed On: 22nd June 2017].

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Children Act 1989, 2017.

[Online].

Available Through: <http://www.legislation.gov.uk/ukpga/1989/41/contents>.

[Accessed nd On: 22 June 2017].

EYFS Statutory Framework, 2017. [Online]. Available Through: <http://www.foundationyears.org.uk/eyfs-statutory-framework/>.

[Accessed On: 22nd June 2017].

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