Child Abuse and Safeguarding

Question 1

What is meant by safeguarding children?

Answer 1

Safeguarding children is a term relating to the action taken to promote the welfare of children and protect them from harm.

Question 2

Working Together to Safeguard Children 2018

What are the two underpinning principles highlighted in this document which are central to effective safeguarding arrangements in each local area and should also guide your thinking around safeguarding children:

Answer 2

1) “Safeguarding is everyone’s responsibility: for services to be effective each professional and organisation should play their full part; and
2) A child-centred approach: for services to be effective they should be based on a clear understanding of the needs and views of children”

Question 3

What is a ‘child’ in the eyes of the law?

Answer 3

A child is anyone who has not yet reached their 18th birthday (s105 Children Act 1989).

Question 4

Offence of child cruelty:

Answer 4

Section 1(1) of the Children and Young Person Act 1933

“anyone who is 16 years or over [who] willfully assaults, ill-treats, whether physically or otherwise, neglects, abandons, or exposes a child, or procures a child to be assaulted, ill-treated, whether physically or otherwise, neglected, abandoned, or exposed, in a manner likely to cause unnecessary suffering or injury to health, whether the suffering or injury is of a physical or psychological nature, they are guilty of an offence.

Question 5

Offence of cruelty in respect of child suffocation:

Answer 5

Section 1(2)(b) of the Children and Young Person Act 1933

“where it is proved that the death of an infant under three years of age was caused by suffocation (not being suffocation caused by disease or the presence of any foreign body in the throat or air passages of the infant) while the infant was in bed with some other person who has attained the age of sixteen years, that other person shall, if he was, when he went to bed, under the influence of drink, be deemed to have neglected the infant in a manner likely to cause injury to its health.” [LH2]

Question 6

Cruelty, or child abuse, can be in the form of:

Answer 6

• neglect;
• emotional abuse;
• physical abuse;
• and sexual abuse.

It can also include offences relating to human trafficking and child sexual exploitation.

Question 7

Offence of exposing children under seven to risk of burning:

Answer 7

Section 11 Children and Young Persons Act 1933

If any person who has attained the age of sixteen years, having responsibility for any child under the age of twelve years, allows the child to be in any room containing an open fire grate or any heating appliance liable to cause injury to a person by contact therewith not sufficiently protected to guard against the risk of his being burnt or scalded without taking reasonable precautions against that risk, and by reason thereof the child is killed or suffers serious injury, he shall on summary conviction be liable to a fine.

Question 8

What is Every Child Matters (ECM)?

Answer 8

A UK government policy that was launched in 2003, at least partly in response to the death of Victoria Climbié.

It provides a single, clear and legally binding framework for all government and non-government organisations who contribute to the protection of children and vulnerable young adults.

Every Child Matters covers children and young adults up to the age of 19, or 24 for those with disabilities.*

Question 9

What are the Five Every Child Matters principles?

Answer 9

The main aims of ECM, are for every child, whatever their background or circumstances, to have the support they need to:

· Stay safe

· Be healthy

· Enjoy and achieve

· Make a positive contribution

· Achieve economic well-being

Question 10

Define the meaning of ‘harm’

Answer 10

The Children Act 1989 section 31(9) and (10) (as amended) gives the following definition of harm:

‘harm’ means ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another

• ‘development’ means physical, intellectual, emotional, social or behavioural development
• ‘health’ means physical or mental health
• ‘ill-treatment’ includes sexual abuse and forms of ill-treatment which are not physical

Question 11

If a child is at risk of significant harm, what provides police with powers to take the children into police protection to a place of safety, or prevent removal from a place of safety?

Answer 11

Section 46 of the Children Act 1989

• Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he/she may:
• Remove a child to suitable accommodation and keep her/him there; or
• Take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented.

Question 12

How long can a child be taken into police protection?

Answer 12

Section 46 of the Children Act 1989

A child can be taken into police protection for up to 72 hours and the arresting Police Officer does not need to be in uniform when removing the child.

Question 13

Should a child be taken into police protection; or be subject to a care order or emergency protection order it is for their safeguarding and wellbeing.

Section XX Children Act 1989 applies the offence of abduction.

Answer 13

Section 49 Children Act 1989

A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, she/he -

(a) takes a child to whom this section applies away from the responsible person;
(b) keeps such a child away from the responsible person; or
(c) induces, assists or incites such a child to run away or stay away from the responsible person.

Question 14

The ACPO* Guidance on Investigating Child Abuse and Safeguarding Children (2nd Ed) (2009) gives extensive direction on investigation.

An alternative definition categorizes child abuse into four distinct types:

Answer 14

Physical
Emotional
Sexual
Neglect