Below we provide links to the key pieces of legislation that oversee the delivery of safeguarding of all children and young people (0-18 years) and adults at risk.
The lists should not be seen as an exhaustive service, merely a gateway to relevant information. The guidance is divided into two sections using age as the dividing elements that is, below 18 years (children and young people) and above (18 years plus).
The Department for Education (DfE) is responsible for child protection in England. It sets out policy, legislation and statutory guidance on how the child protection system should work. Local safeguarding partners are responsible for child protection policy, procedure and guidance at a local level.
The local safeguarding arrangements are led by three statutory safeguarding partners:
A list of the main legislation underpinning Child Protection in the UK can be found on the NSPCC website.
Working Together to Safeguard Children
Statutory guidance on inter-agency collaboration to safeguard and promote the welfare of children.
Keeping Children Safe in Education
Statutory guidance for schools and colleges on safeguarding children and safer recruitment. Based on Working Together to Safeguard Children.
Sexual violence and sexual harassment between children in schools and colleges
Advice for schools and colleges on how to prevent and respond to reports of sexual violence and harassment between children.
Care Act 2005
The Care Act 2005 introduces responsibilities for local authorities. It also has major implications for adult care and support providers, people who use services, carers and advocates. It replaces No Secrets and puts adult safeguarding on a statutory footing. Adult Safeguarding is less defined and resourced as children’s, so it is important that you identify your local adult safeguarding support services and processes, to ensure you are able to support adults at risk.
A list of the main legislation underpinning Adult protection in the UK can be found on the Ann Craft Trust website.
Mental Capacity Act 2005
The general principle is that everybody over the age of 16 years has capacity unless it is proved otherwise; people should be supported to make their own decisions, anything done for or on behalf of people without capacity must be in their best interests and should be the least restrictive intervention.
Deprivation of Liberty Safeguards
Introduced into the Mental Capacity Act 2005, it came into force in April 2009. Designed to provide appropriate safeguards for vulnerable people who have a mental disorder and lack the capacity to consent to the arrangements made or their care or treatment, and who may be deprived of their liberty in their best interests in order to protect them from harm.