What is child abuse ?
There are different types of abuse. It can include:
-
Physical
injury – such as hitting, shaking, punching and kicking
-
Neglect
– not being properly fed, clothed or medical needs not
being met
-
Emotional
abuse – when a child is starved of love and affection,
or is constantly criticised humiliated or bullied Sexual abuse
- including inappropriate sexual behaviour, language or assault
Who
has the responsibility to protect children ?
The Children Act 1989 places a duty on Social Services (and other
agencies) to make enquiries into circumstances where they suspect
that a child is at risk of 'significant harm' or is actually being
harmed.
All the agencies which have responsibilities for children's welfare
are represented on your Local Safeguarding Children's Board, this
is a legal requirement. The Local Safeguarding Children's Board
or LSCB determines the child protection procedures and policies
that all the agencies must follow in child protection cases.
When someone tells social services or the police that they think
a child or young person is being abused or neglected, social services
must investigate the situation. They are legally bound to do so,
by the Children Act 1989, section 47. This is known as a child protection
enquiry.
If the child has not been harmed in any way and it has been decided
that he or she is not at risk, the enquiry ends there. The family
will be told this as soon as possible and should receive confirmation
in writing.
If an initial assessment by a social worker confirms that a child
may be at risk or is suspected of being harmed there will be an
investigation. If the allegation concerns sexual abuse, serious
physical abuse or neglect the Police will also be involved.
This may involve asking the family a lot of questions.
If the family's first language is not English
Social services and / or the police will bring an interpreter with
them, so that they understand the family's cultural background and
make fully informed decisions about the situation.
The child may need to be examined by a paediatrician (a doctor who
specialises in treating children). This will be to find out whether
the child has been physically harmed in any way or has other medical
needs. The parents will be asked to give their permission. If the
child is "of an age of understanding" (able to understand
what is happening and give informed consent) they will be asked
to give their permission as well.
If it is vital that the child is examined but if the parents refuse,
a court order may be sought so that the examination can take place.
After the investigation there may need to be a child protection
case conference where the child's family and professional staff
can share information and agree the best way to protect the child.
It may be decided at this meeting to place the child's name on the
Child Protection Register.
If the child's name is placed on the Child Protection Register a
Protection Plan will be drawn up and specific professionals are
given responsibilities towards the child. This core group of staff
will meet regularly to review the child's needs with family members.
Are children always taken away from home if their name is
on the Child Protection Register ?
No. The majority of children remain living at home. Often the plan
for protecting the child will involve keeping a child at home but
with family members agreeing to work with professionals to achieve
certain things.
If something has happened to reduce the risk to a child (for example
if the alleged abuser has left the family home) the child may be
left where they are.
Do children's names come off the Child Protection Register
?
Yes. If the criteria for registering the child are no longer met
because a child is not felt to be at risk then his/her name will
be taken off the Register. Typically a child's name might remain
there for about a year. Only in a few cases will they remain there
for more than 2 years.
If the child is in severe danger the most important priority is
to make them safe. So if a particular adult presents that danger,
the adult may be asked to move out of the family home voluntarily
or stay away while the enquiry takes place.
If they will not move out then social services can apply
for an emergency protection court order.
Anyone can apply to a magistrate and apply for an Emergency Protection
Order, but the application will usually be made by Social Services.
Emergency protection orders may be granted on the application of:
Any person, where there is reasonable chance a child will suffer
significant harm if not removed to a safe place or kept in a safe
place.
Local authorities, where enquiries are being made as to whether
a child is suffering or at risk or harm, and where these enquiries
are being frustrated or access to the child is unreasonably refused.
The NSPCC, where there is reasonable cause to suspect, a child will
suffer significant harm or where enquiries into a child's welfare
are being frustrated or access to the child is unreasonably refused.
An emergency
protection order may last for up to 8 days and may be extended for
another 7 days. The child may be protected for a longer period if
the local authority starts care proceedings.
If the situation is extremely urgent the police can remove the child
into police protection for up to 72 hours. The police have to tell
the parents why and where they are taking the child.
Will
I be kept informed of what is happening ?
If you are the parent or carer of the child(ren) you will be kept
informed about what's happening at each stage of the inquiry.
Will there be a record of the enquiry ?
Yes. During the enquiry the social worker (and police if they have
been involved) will have written down what happened and what everyone
said. There will be confidential files, either written or on computer,
which the family has a right to see.
Ask about the social services' "open files policy". The
policy explains how to gain access to information held about you.
You will not be able to see information that relates to other people
unless they have given social services their permission. If you
want to see information about your child, the social services department
will allow this if they think it is in the child's best interest.
