1.6 Legal Framework for Child Protection

Section 13 of the Children Act 2004 requires each local authority to establish a Local Safeguarding Children Board (LSCB) for their area and specifies the organisations and individuals (other than the local authority) that the Secretary of State may prescribe in regulations that should be represented on LSCBs.

Section 14 sets out the objectives of LSCBs, which are:

• To coordinate what is done by each person or body represented on the Board for the purposes of safeguarding and promoting the welfare of children in the area of the local authority, and

1. To ensure the effectiveness of what is done by each such person or body for the purposes of safeguarding and promoting the welfare of children.

The LSCB Regulations 2006 made under section 13 set out the functions of LSCBs, which include undertaking reviews of the deaths of all children in their areas and undertaking Serious Case Reviews in certain circumstances.
Under Section 55 of the Borders, Citizenship and Immigration Act 2009, the Secretary of State (in practice, the UK Visas Immigration) has a duty to ensure that functions relating to immigration and customs are discharged with regard to the need to safeguard and promote the welfare of children. Section 55 is intended to have the same effect as Section 11 of the Children Act 2004.

Section 17(1) of the Children Act 1989 states that:

It shall be the general duty of every local authority:

• To safeguard and promote the welfare of children within their area who are In Need; and
• So far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children’s needs.

Section 17(5) enables the local authority to make arrangements with others to provide services on their behalf and states that every local authority:

1. Shall facilitate the provision by others (including in particular voluntary organisations) of services which it is a function of the authority to provide by virtue of this section, or section 18, 20, 22A to 22C, 23B to 23D, 24A or 24B; and
2. May make such arrangements as they see fit for any person to act on their behalf in the provision of any such service.

Section 17 (10) states that a child shall be taken to be In Need if:

1. The child is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part;
2. The child’s heath or development is likely to be significantly impaired, or further impaired, without the provision or such services; or
3. The child is disabled.

Under section 17, local authorities have responsibility for determining what services should be provided to a child in need. This does not necessarily require local authorities themselves to be the provider of such services.

Section 47(1) of the Children Act 1989 states that:

Where a local authority:

1. Are informed that a child who lives, or is found, in their area is the subject of (i) an Emergency Protection Order, or (ii) is in Police Protection; or
2. Have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or likely to suffer, Significant Harm: The authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare. In the case of a child falling within paragraph (a) (iii) above, the enquiries shall be commenced as soon as practicable and in any event, within 48 hours of the authority receiving the information.

1. Shall facilitate the provision by others (including in particular voluntary organisations) of services which the authority have power to provide by virtue of this section, or section 18, 20, 23 or 24; and
2. May make such arrangements as they see fit for any person to act on their behalf in the provision of any such service.

Children Act 1989 s17(5)

1. Ascertain the child’s wishes and feelings regarding the provision of those services; and
2. Give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.

Emergency Protection Orders

The court may make an emergency protection order under s44 of the Children Act 1989 if it is satisfied that there is reasonable cause to believe that a child is likely to suffer Significant Harm if:

• He is not removed to accommodation; or
• He does not remain in the place in which he is then being accommodated.

An Emergency Protection Order may also be made if Section47 Enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access, and the applicant has reasonable cause to believe that access is needed as a matter of urgency.

An Emergency Protection Order gives authority to remove a child, and places the child under the protection of the applicant for a maximum of eight days (with a possible extension of up to seven days).

Exclusion Requirement

The Court may include an exclusion requirement in an Emergency Protection Order or an Interim Care Order (section 38A and 44A of the Children Act 1989). This allows a perpetrator to be removed from the home instead of having to remove the child. The Court must be satisfied that:

• There is reasonable cause to believe that if the person is excluded from the home in which the child lives, the child will cease to suffer, or cease to be likely to suffer, Significant Harm or that enquires will cease to be frustrated; and
• Another person living in the home is able and willing to give the child the care which it would be reasonable to expect a parent to give, and consents to the exclusion requirement.

Police Protection Powers

Under s46 of the Children Act 1989, where a police officer has reasonable cause to believe that a child would otherwise be likely to suffer Significant Harm, s/he may:

• Remove the child to suitable accommodation and keep him or her there; or
• Take reasonable steps to ensure that the child’s removal from any hospital, or other place in which the child is then being accommodated is prevented.

No child may be kept in Police Protection for more than 72 hours.

Police Reform and Social Responsibility Act 2011

Section 1 (8)(h) requires the police and crime commissioner to hold the chief constable to account for the exercise of the latter’s duties in relation to safeguarding children under Section 10 and Section 11 of the Children Act 2004.

Childcare Act 2006

Section 40 requires early years providers to comply with the welfare requirements of the Early Years Foundation Stage.

Anti-Social Behaviour, Crime and Policing Act 2014

Anti-Social Behaviour Injunctions can be granted against a person aged 10 or over, to prevent  them engaging in anti-social behaviour. The injunction may include provisions requiring the young person to do specified things, and/or prohibiting them from doing specified things.

For under-18s, the injunction must be for a specified period of time, which must be no more than 12 months.

These injunctions replace the previous Anti-Social Behaviour Orders (ASBOs) under section 1 Crime and Disorder Act 1998.

Sexual Harm Prevention Orders and Sexual Risk Orders

These orders were introduced by the Anti-Social Behaviour, Crime and Policing Act 2014. They replace the previous Sexual Offences Prevention Order, Risk of Sexual Harm Orders and Foreign Travel Orders which were introduced by the Sexual Offences Act 2003.

The court needs to be satisfied that the order is necessary for protecting the public, or any particular members of the public, from sexual harm from the defendant; or protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

The Orders prohibit  the defendant from doing anything described in the order, and can include a prohibition on foreign travel (replacing Foreign Travel Orders which were introduced by the Sexual Offences Act 2003)

Failure to comply with a requirement imposed under an Order is an offence punishable by a fine and/or imprisonment.

Sexual Harm Prevention Orders

Sexual Harm Prevention Orders can be applied to anyone convicted or cautioned of a sexual or violent offence, including where offences are committed overseas. They replace the previous Sexual Offences Prevention Orders.

A prohibition contained in a Sexual Harm Prevention Order has effect for a fixed period, specified in the order, of at least 5 years, or until further order.  The Order may specify different periods for different prohibitions.

Sexual Risk Orders

Sexual Risk Orders can be made where a person has done an act of a sexual nature as a result of which there is reasonable cause to believe that it is necessary for such an order to be made, even if they have never been convicted. They replace the previous Risk of Sexual Harm Orders.

A prohibition contained in a Sexual Risk Order has effect for a fixed period, specified in the order, of not less than 2 years, or until further order. The Order may specify different periods for different prohibitions.

Serious Crime Act (2015)

An offence of sexual communication with a child has been introduced by the Serious Crime Act 2015. This applies to an adult who communicates with a child and the communication is sexual or if it is intended to elicit from the child a communication which is sexual and the adult reasonably believes the child to be under 16 years of age. The Act also amended the Sex Offences Act 2003 so it is now an offence for an adult to arrange to meet with someone under 16 having communicated with them on just one occasion (previously it was on at least two occasions).