°Ç¸ç³Ô¹Ï

Overview

Across the 4 countries of the UK, the protection of children and adults at risk sits within different legislative and implementation frameworks. Each UK nation is responsible for its own policies and laws around education, health and social welfare. This covers most aspects of safeguarding and child protection. However, similar basic principles apply.

Relevant legislation, guidance and practice resources supporting the application of the basic principles in service delivery are detailed below.

Child safeguarding

England and Wales

places duties on local authorities, courts, parents and other agencies to ensure children are safeguarded and their welfare is promoted.

is about multi-agency working. It reinforces the idea that all people and organisations working with children have a responsibility to help safeguard children and promote their welfare.

amended the Children Act 2004. It places duties on the police, integrated care boards and the local authority, as statutory safeguarding partners, to make arrangements to work with other local partners to safeguard and promote the welfare of all children in their area.

Working together to safeguard children 2023 is statutory guidance on inter-agency working to safeguard and promote the welfare of children.

Information sharing advice for safeguarding practitioners is guidance on information sharing for staff who provide safeguarding services to children, young people, parents and carers. It’s for England only.

Wales

provides the legal framework for improving the wellbeing of people who need care and support, and carers who need support, and for transforming social services in Wales.

The Welsh Government has a collection of to help professionals in Wales to follow the law on safeguarding people. It includes statutory guidance relating to part 7 of the Social Services and Well-being (Wales) Act 2014. Guidance in the collection that covers safeguarding children includes:

• safeguarding people: an introduction
• safeguarding children at risk from abuse and neglect
• safeguarding children from child sexual exploitation

was issued by the Welsh Government under section 139 of the Social Services and Well-being (Wales) Act 2014. It applies from 1 October 2024. It replaces the guidance Working together to safeguard people volume 2 (child practice reviews) and volume 3 (adult practice reviews).

focuses on improving social, cultural, environmental and economic wellbeing. It also requires public bodies in Wales to:

• think about the long term impact of their decisions
• work better with people, communities and each other
• prevent persistent problems, such as poverty, health inequalities and climate change

provides the statutory framework for the regulations on workforce registration and regulation, as well as service provider standards in various settings.

Northern Ireland

The Northern Ireland Executive, through the Department of Health, is responsible for child protection in Northern Ireland. They set out policy, legislation and statutory guidance on how the child protection system should work.

The Safeguarding Board for Northern Ireland (SBNI) co-ordinates and ensures the effectiveness of work to protect and promote the welfare of children.

is the principal statute governing the care, upbringing and protection of children in Northern Ireland.

regulates the provision for checking persons seeking to work with children or vulnerable adults, and for barring those considered to be unsuitable for such posts.

is the legislative framework for the creation of the regional SBNI and the establishment of safeguarding panels to support the SBNI’s work at a health and social care trust level.

places a duty on children’s authorities, as defined by the act, to co-operate where appropriate as they deliver services aimed at improving the wellbeing of children and young people.

makes it an offence not to report a ‘relevant offence’ to the police. This includes offences against children.

provides the overarching policy framework for safeguarding children and young people in the statutory, private, independent, community, voluntary and faith sectors.

(SBNI, revised 2018) provides detailed operational guidance and explains the actions that must be taken when there are concerns about the welfare of a child or young person.

sets out the strategic framework to improve the wellbeing of all children and young people in Northern Ireland.

is used to assess a child’s needs and the most appropriate forms of intervention to meet the identified needs of the child or young person and prevent problems from escalating.

It also provides guidance about when and how to refer a child to children’s social services when it has been assessed that their needs warrant this.

sets out high level principles and guidance that staff in children’s social services should follow when sharing information for child protection purposes.

Scotland

The Scottish Government is responsible for child protection in Scotland. It sets out policy, legislation and statutory guidance on how the child protection system should work.

Child protection committees are responsible for multi-agency child protection policy, procedure, guidance and practice.

regulates the provision for promoting social welfare in Scotland, including the care and protection of children, and the supervision and care of persons put on probation or released from prison.

outlines the legislative framework for Scotland’s child protection system. It covers parental responsibilities and rights, and the duties and powers local public authorities have for supporting and promoting the safety and welfare of children.

protects the rights of children and young people in Scotland.

established a new national body, under the leadership of the National Convener, to protect the safety and wellbeing of infants, children and young people.

restates and amends the law relating to adoption in Scotland and makes other provisions relating to the care of children.

helps social workers, police, health professionals and others protect vulnerable children, including areas of practice such as keeping children safe online and child trafficking.

provides a framework for people working with children and their families ensuring children get earlier, effective and integrated support from all agencies to prevent problems escalating. It also provides guidance on sharing information about children.

UK

The legislation and guidance adopted in each of the 4 nations needs to be understood in the context of international conventions that have been incorporated into UK legislation. This includes the following.

is the most widely ratified human rights treaty in history, protecting human rights for under 18s.

incorporates the European Convention on Human Rights into UK legislation. Public authorities, like a local authority or the NHS, must follow the act. It includes the:

• right to life
• right to respect for private and family life
• right to freedom of religion and belief

Adult safeguarding

England

Part 1 of the sets out the law relating to care and support for adults and the law relating to support for carers, and makes provision about:

• safeguarding adults from abuse or neglect
• integrating care and support with health services

This legislation is supported by the Care and support statutory guidance, which includes information on:

• safeguarding
• person-centred care
• partnership working
• moving between areas
• the role of the principal social worker

Wales

provides the legal framework for improving the wellbeing of people who need care and support, and carers who need support, and for transforming social services in Wales.

is issued under the Social Services and Well-being Act 2014. It sets out clear expectations about the ways in which agencies and professionals should work together to safeguard adults at risk. It also provides an overview of effective safeguarding systems and advice on carrying out assessments and care and support plans.

is issued under the Social Services and Well-being Act 2014. This guidance provides a single point of reference on adult protection and support orders, including when and how they can be used.

covers the regulatory processes applying to social care services, and covers the regulation of the social care workforce, as well as providing for information sharing and joint working.

Northern Ireland

aims to improve safeguarding arrangements for adults who are at risk of harm from abuse, exploitation or neglect for the purpose of reducing the prevalence of harm.

Northern Ireland is currently developing an Adult Protection Bill. New statutory guidance will accompany this legislation.

Scotland

deals with the protection of adults at risk of harm, including:

• duties on local authorities
• a requirement for specified bodies to co-operate on adult protection investigations
• a range of protection orders
• the establishment of multidisciplinary adult protection committees

This is supported by the , which provides guidance about the performance of functions by councils and other professionals under the Adult Support and Protection Act.

Mental capacity legislation aims to provide a framework to allow legally valid decisions to be made about a range of matters including finances, welfare and medical treatment where the individual lacks mental capacity to make the decision in question.

England and Wales

provides a legal framework for making decisions relating to persons who lack or may lack capacity to make the decision in question.

This is supported by the Mental Capacity Act code of practice, which provides guidance to anyone who is working with or caring for adults who may lack capacity to make a particular decision.

Northern Ireland

provides a statutory framework for people who lack capacity and for those who now have capacity but wish to make preparations for a time in the future when they lack capacity.

This is supported by the guidance , which provides practical information for how the Mental Capacity Act (NI) works. It also explains the legal obligations for specific agencies and professionals to have regard to when working with people who lack, or may lack, capacity.

Scotland

sets out the principles that must be applied when making decisions about the needs of adults who lack capacity.

This is supported by , which is a collection of forms and guidance relating to adults with incapacity.

There’s an entitlement to a carer’s assessment in each of the devolved nations, but the process for this is slightly different and it’s a different legislative framework in each nation.

England

Part 1 of the sets out the law as it relates to care and support for adults and the law relating to support for carers (see part 1 of the Care Act under the section on adult safeguarding).

Wales

provides the legal framework for improving the well-being of people who need care and support, and carers who need support, and for transforming social services in Wales.

This is supported by the following guidance.

sets out the requirement of local authorities to assess the needs of individuals for care and support.

provides for the circumstances in which needs for care and support, or support for carers, may or must be met by local authorities.

sets out national priorities for unpaid carers, including on education and employment.

Northern Ireland

gives carers the right to an assessment and to be considered for services to meet their assessed needs.

This is supported by the , which provides a framework for assessing the support needs of family carers, designed to capture information required for holistic, person-centred assessment of the older person.

Scotland

supports carers’ health and wellbeing and help make caring more sustainable, with specific duties for local authorities to support carers.

This is supported by the for local authorities, health boards and integration authorities on effectively implementing the provisions of the Carers (Scotland) Act 2016.

England and Wales

Domestic abuse legislation

outlines provisions to:

• promote awareness of domestic abuse
• protect and support victims and their families
• prioritise victim safety
• encourage co-ordinated responses to domestic abuse across all local areas, agencies and sectors
• recognise children as victims in their own right

The act is supported by Domestic abuse: statutory guidance. This guidance aims to increase awareness and inform the response to domestic abuse. It sets out standards and good practice for organisations and individuals that work with victims or perpetrators of domestic abuse.

sets out provision for law enforcement agencies to address serious and organised crime. It also introduces measures to enhance the protection of vulnerable children, including by strengthening the law to tackle female genital mutilation and domestic abuse.

Controlling and coercive behaviour: statutory guidance framework is issued under section 77 of the Serious Crime Act 2015. This guidance provides information on identifying and prosecuting controlling or coercive behaviour. It includes information on reducing the risk of harm to the victim, supporting the victim and their family (including how other agencies and support services can assist) and managing the perpetrator.

Abuse carried out by or at the request of family members

Mandatory reporting of female genital mutilation: procedural information gives relevant professionals and the police an understanding of the female genital mutilation mandatory reporting duty.

made it a criminal offence in England, Wales and Scotland to force someone to marry. Section 121 relates to the offence in England and Wales and section 122 relates to the offence in Scotland.

Wales

focuses on preventing domestic abuse and sexual violence, protecting victims and supporting those people affected by these issues.

Northern Ireland

deals with domestic abuse as an offence, and with civil proceedings, including cross-examination and special measures in civil and family proceedings.

This is supported by . This guidance is to be used by agencies investigating domestic abuse offences, and to assist the work of non-governmental organisations and voluntary organisations and to raise awareness of the new domestic abuse offence.

Scotland

Domestic abuse legislation

creates a specific statutory offence of domestic abuse and makes a number of associated changes to criminal procedure, evidence and sentencing in domestic abuse cases.

introduces additional protective measures for victims of domestic abuse and also additional police powers.

Under section 5 of the Domestic Abuse (Scotland) Act 2018, an offence of domestic abuse is aggravated if it involves a child. The National Guidance for Child Protection in Scotland takes full account of domestic abuse.

Abuse carried out by or at the request of family members

provides specific legislation for Scotland that prohibits female genital mutilation.

provides a framework for agencies and practitioners to develop and agree processes that promote the safety and wellbeing of women and girls.

Anti-social Behaviour, Crime and Policing Act 2014 made it a criminal offence in England, Wales and Scotland to force someone to marry. Section 121 relates to the offence in England and Wales and section 122 relates to the offence in Scotland.