The principle of joint working should extend across the planning, management, provision and delivery of all services to children and their families. There are, however, specific roles and responsibilities placed upon statutory agencies, professionals, the voluntary sector, and the wider community in relation to safeguarding and promoting the welfare of children.
The specific roles and responsibilities of statutory agencies are set out in the Children Acts 1989 and 2004 and, for the educations service, schools and further education institutions under Section 175 of the Education Act 2002. The same duty is placed on independent schools and alternative providers by Regulations made under Section 157 of the Education Act 2002.
Guidance about the duties under Section 11 of the Children Act 2004 is contained in “Making Arrangements to Safeguard and Promote the Welfare of Children” published by the DfES
Guidance in relation to the duties under the Education Act 2002 is contained in the DfES guidance ‘Safeguarding Children and Safer Recruitment in Education’, which came into force in January 2007.
The Children Act 1989 places two specific duties on agencies to cooperate in the interest of vulnerable children:
Section 27 provides that a local authority, in exercising its functions under Part III of the Act, may request help from:
Part III of the Act places a duty on local authorities to provide support and services for Children In Need, including children Looked After by the local authority and those in secure accommodation (including custody). The authority whose help is requested in these circumstances has a duty to comply with the request, provided it is compatible with its other duties and functions.
Section 47 places a duty on:
to help a local authority with its enquiries in cases where there is reasonable cause to suspect that a child is suffering, or is likely to suffer, Significant Harm.
In partnership with other public agencies, the voluntary sector, parents and carers, the entire local authority has a corporate responsibility for the welfare of children.
The local authority also takes the lead responsibility for the establishment and effective functioning of the Walsall Safeguarding Children Board.
Ensuring children are protected from Significant Harm is a key objective for Children’s Social Care Services. Exercising its responsibilities to this group of children should however be in the context of a broad range of social care and support from all agencies – see Walsall’s Child Concern Model. This enables children and families to be helped and supported in an integrated way that recognises the range and diversity of their needs and strengths.
In order to fulfil their children’s social care functions, local authorities have specific duties in respect of children under the Children Acts 1989 and 2004. There is a general duty to safeguard and promote the welfare of children in their area who are In Need and – provided that this is consistent with the child’s safety and welfare – to promote the upbringing of such children by their families, by providing services appropriate to the child’s needs (section 17 of the Children Act 1989). This should be done in partnership with parents and in a way that is sensitive to the child’s race, religion, culture and language.
Children’s Social Care Services also have a duty to make enquiries if they have reason to suspect that a child in their area is suffering, or is likely to suffer, Significant Harm, to enable them to decide whether they should take any action to safeguard or promote the child’s welfare.
For further information see Legal Framework for Child Protection Procedure.
It is the responsibility of Walsall’s education service or those with delegated responsibility to support schools and colleges in safeguarding and promoting the welfare of children and young people.
The education service should have a representative on the Walsall Safeguarding Children Board of sufficient standing and authority to promote awareness of child protection issues across the borough. There should be a lead officer within the education service to offer advice and guidance to schools on child protection matters and to support schools in drawing up their own child protection policies. The lead officer should also advise schools and colleges on the provision of child protection training for staff and governors.
All schools and colleges have a pastoral responsibility towards their pupils. They can play a part in the prevention of abuse and neglect, through their own policies and procedures and through the curriculum.
Through their day-to-day contact with pupils, and direct contact with families, members of staff in the education service have a key role in recognising and responding to potential indicators of abuse and neglect. Schools also hold important information about the child and family that can assist in determining the most appropriate response.
Whilst the education services do not have a direct investigative responsibility in child protection they do have a significant role to play in referring concerns, and in contributing to child protection planning, monitoring and intervention.
Throughout the education service:
Walsall’s independent schools and alternative providers have the same responsibility to safeguard and promote the welfare of their pupils as any other school. They should also have access to the Safeguarding Children Board Procedures set out in this Manual and have their own policies and procedures in place as outlined above.
Youth and community workers should be alert to indicators of abuse and neglect and how to act upon concerns about a child’s welfare. They should have access to the Walsall Safeguarding Children Board’s Procedures set out in this Manual and have the same information in relation to referrals as other service areas. Youth services should draw up their own policies in relation to confidentiality, and to the safety of young people in their care. Youth workers should pay particular attention to issues about teenage pregnancy, to the Protocol for Joint Working for Young People At Risk of Sexual Exploitation and to the Children who Sexually Abuse Other Children Procedure.
The Connexions agency is tasked with provision of services to a wide age range of young people (thirteen to nineteen, and for the more vulnerable, up to twenty five years of age).
Consequently, Connexions works closely with other agencies concerned with child safety and welfare to analyse the nature and distribution of risk within the young people it is working with and use this information to design services, allocate resources and take any necessary action to address both causes and effects.
Cultural and Leisure Services provide facilities to a wide range of adults and children sometimes in the same venue at the same time. Their Health and Safety policies should pay particular attention to the care of children and young people. Staff working in these areas will have various degrees of contact with children and young people and should be alert to indicators of abuse and neglect. A copy of the Walsall Safeguarding Children Board’s Procedures as set out in this Manual should be available at every site providing services to children and young people.
The universal nature of health provision is such that health professionals are often the first to be aware that families are experiencing difficulties in looking after their children.
Health professionals are involved in all stages of work to safeguard and promote the welfare of children and should be able to:
The Walsall Strategic Health Authority takes the overall strategic lead for health services in inter-agency working to safeguard and promote the welfare of children. It should co-operate with other agencies, especially the local authority in planning services for vulnerable children and their families. The Health Authority should also ensure that Walsall’s NHS and Primary Care Trusts and professionals contribute fully and effectively to local inter-agency working.
Each Primary Care Trust should ensure that, as commissioners, all service specifications should include clear service standards for safeguarding children and promoting their welfare, consistent with these procedures.
The Primary Care Trust should identify a senior paediatrician and a senior nurse (as Designated Professionals) to lead on safeguarding children across the service and a Named Doctor and Named Nurse who will take a professional lead on safeguarding children matters.
All GPs and Primary Health Care Team (PCHT) members have responsibilities to safeguard and promote the welfare of children. Each PHCT team should agree their own policy for storing, sharing and supply of relevant information to other agencies.
NHS Trusts and NHS Foundation Trusts are responsible for providing health services in hospital and community settings. A wide range of their staff will come into contact with children and parents in the course of their duties. They should identify a Named Nurse and Named Nurse/Midwife for child protection.
Staff working for Ambulance Trusts will have access to family homes and come into contact with children and parents in a time of crisis. They may therefore be in a position to identify initial concerns regarding a child’s welfare. The Trust should identify a Named Professional for child protection and all staff should be aware of the Walsall Safeguarding Children Board’s Procedures as set out in this Manual.
Specialist teams in Walsall providing services to adults, have, alongside child care workers, agreed a procedure for the sharing of information and, where appropriate, joint working. This procedural document is consistent with and complementary to the Walsall Safeguarding Children Board and should be adhered to in all circumstances. (See Protocol for Joint Working Between Specialist Adult Services and Children’s Services).
Walsall’s Health and Social Services have developed a local strategy for the delivery of services to children and young people; the Strategy takes account of the needs of vulnerable children including those who have experienced abuse or neglect.
In the course of their work, child and adolescent mental health professionals will inevitably identify or suspect instances where a child may have been abused or/and neglected. As with all other agencies and professionals, child and adolescent mental health workers have a responsibility to follow Walsall Safeguarding Children Board’s procedures.
Walsall has an extensive range of services designed to promote and enhance the development and welfare of children. There are also a number of services targeted specifically at supporting parents under stress, including those families where a child is at risk of Significant Harm.
These services, including voluntary, private and independent services, have a shared responsibility to act if they suspect that a child has been or is suspected of suffering Significant Harm.
All service providers should have access to the Walsall Safeguarding Children Board’s Procedures set out in this Manual. They should also draw up their own policies on initial response including an internal process for sharing information with the Police and Children’s Social Care Services.
Children, like all other citizens, have the right to protection offered by the criminal law. The police have a duty and responsibility to investigate criminal offences committed against children. These investigations should be conducted sensitively and thoroughly, taking account of the child’s age and ability.
All Forces have Child Abuse Investigation Units (CAIU). Walsall’s CAIU takes primary responsibility for investigating child abuse allegations in circumstances where the alleged abuser is known to the child or family in any capacity. However all police officers have a responsibility to work within these procedures and to take action if they suspect that a child is at risk of Significant Harm.
The Police Child Abuse Investigation Unit in Walsall has electronic access to the names of all children subject to a Child Protection Plan, which is updated daily.
In Walsall there is an agreement between the Police and Children’s Social Care Services as to the conduct of Section 47 Enquiries and the circumstances when joint enquiries are appropriate – see Joint Protocol for the Investigation of Child Abuse (West Midlands Police and Walsall Children’s Social Care Services).
Probation Officers supervise offenders convicted of a variety of offences. This includes those who have convictions against children, involving physical and/or sexual abuse and neglect. They also work with perpetrators of domestic abuse.
Probation Officers also work with families who have children who may be in need. The Probation Service has a duty to take all measures in its powers to safeguard the protection of the public, and work closely with other agencies, notably with the Police and Children’s Social Care Services to safeguard and promote the welfare of children. Information sharing arrangements between the Probation Service and Children’s Social Care Services are in place locally to support this – see Persons Posing a Risk to Children West Midlands Regional Multi-Agency Guidance.
The Crime and Disorder Act 1998, in its creation of Youth Offending Teams (YOT’s) introduced an inter-agency approach to responding to children and young people involved in offending behaviour. A number of the children and young people who fall within the remit of Walsall’s YOT will also be children in need, including some whose needs will include safeguarding. There will also be young people who pose a risk to others. There are established links between area social work, child protection and
YOT services in Walsall at both an operational and tactical level. It is the responsibility of the Youth Offending Team to ensure that the youth justice plan takes account of and reflects Walsall Safeguarding Children Board’s procedural requirements.
A court ruling in 2002 determined that the Children Act 1989 applies to children in custody. Accordingly the functions, powers, duties responsibilities and obligations conferred or imposed on local authorities by the Children Act 1989 (and in particular by Sections 17 and 47 of the Act in relation to Children In Need and children at risk of Significant Harm) do not cease to arise merely because a child is in a Young Offender Institution or other prison establishment; however such functions, powers, duties, responsibilities and other obligations take effect subject to the necessary requirements of imprisonment.
Governors of such establishments have obligations with respect to child protection which are to be discharged in consultation with the Local Safeguarding Children Board in their area.
All service providers working with children and their families have a responsibility to ensure that their practice, procedures and policies provide for a safe and appropriate environment for service users. Registration and Inspection requirements include the need to adhere to Walsall Safeguarding Children Board’s Procedures as set out in this Manual.
Housing authorities have a duty under section 27 of the Children Act 1989 to assist Children’s Social Care Services in carrying out its responsibilities under section 47 of the same Act (to investigate any cases where Significant Harm to a child is suspected. They should be prepared to share relevant information both orally and in writing. There may also be instances where housing authorities can assist by providing alternative accommodation, either directly or through their links with other housing providers, or by the provision of advice.
Walsall housing authority also plays a significant role in the risk management of individuals who pose a risk to children. See Persons Posing a Risk to Children West Midlands Regional Multi-Agency Guidance.
CAFCASS is a national body funded by the Department for Children, Schools and Families and responsible for seeking to safeguard and promote the interests and welfare of children subject to proceedings in the Family Courts.
Within public law matters, the CAFCASS officer has the role of representing the interests of a child subject to Care Proceedings, and will also appoint a solicitor to act for the child. In this situation the CAFCASS officer is referred to as the Children's Guardian and will carry out a thorough and independent investigation into the child’s situation. An important part of this is to ascertain the child’s wishes and feelings. The CAFCASS officer will also interview other family members and professionals as appropriate and has a responsibility to critically appraise the actions and the Care Plan of the local authority, which may include a plan for the child’s Adoption. He or she will provide detailed reports for the Court, as required by the Court, on their findings and recommendations.
CAFCASS will intervene in private law applications at the instigation of the Court. Where separating couples are unable to agree arrangements for the children the Court will order a report under Section 7 of the Children Act 1989. The officer will conduct interviews with both parents; seek the views of the children where they are of sufficient age and understanding, and submit a report to the court at the end of the process. Within the remit of the Children Act 1989, Courts must have full regard to the welfare of the child in finalising private law matters.
See CAFCASS website
All agencies working with children and their families should promote the welfare and safeguarding of children as a partnership between agencies and the public they serve. Concerns expressed by members of the public should be taken seriously. Agencies should ensure that advice given about child care or child protection concerns is consistent with the Walsall Safeguarding Children Board’s Procedures as set out in this Manual.
Local authorities have the statutory responsibility for the protection of the children of Service families. All three Services provide professional support including social work support in some circumstances. SSAFA (Soldiers’, Sailors’, Air Force Association-Forces Help) (SSAFA-HA) provides a statutory social work service overseas. For further details, see 2.138 to 2.144 of Working Together to Safeguard Children, 2006.
Faith communities have an important role to play in safeguarding and promoting children’s welfare, including ensuring that proper procedures are in place for staff to report concerns that they may have about the children with whom they have contact, safe recruitment procedure and appropriate codes of practice for staff in contact with children.
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