Report of Child Protection and Legislation

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SAMPLE REPORT
ON
CHILD
PROTECTION AND
LEGISLATION

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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Child Protection and Legislation
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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:

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

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

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.

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

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'.

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.
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
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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.

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

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 child-
abuse 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.

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/>.
[Accessed On: 10th
June 2017].
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-to-
safeguard-children-2015/>. [Accessed On: 22nd
June 2017].

Children Act 1989, 2017. [Online]. Available Through:
<http://www.legislation.gov.uk/ukpga/1989/41/contents>. [Accessed
On: 22nd
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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