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K2S17 The duty of all within the sector to safeguard children, including the difficulties in situations where your concerns may not be seen to be taken seriously or followed through when following normal procedures | NVQ CCLD Level 2 & Level 3 Answers

K2S17 The duty of all within the sector to safeguard children, including the difficulties in situations where your concerns may not be seen to be taken seriously or followed through when following normal procedures

It is our duty under the HSW to ensure that all children are safe when in when in our care. This means that all qualified people within this environment must have a qualification in first aid and be able to carry out risk assessments when required.

Some examples of the type of risk assessments we must do are as follows:

  • There must always be enough adult supervisors
  • Any climbing aids such as step ladders must be put away immediately after use
  • No chemicals such as bleach and detergents’ should be left out
  • Electrical plug sockets should be covered at all times
  • All exit doors should be locked
  • All fire escapes should be clear

In addition we must also be vigilant in noticing how a child attends that day. For example do they have a bruise on their face and if so it should be noted or has the bruise been noticed later during the day. If this is the case then every attempt should be made to cooborate with another trained professional that they didn’t attend with the bruise. Then, it should be noted in the incident book. If we have any further concerns about the incident we should refer it to our line manager who in turn can follow it up.

Relevant legal requirements covering the way you relate to and interact with children.

The Children’s Act 2004

The Children Bill received Royal Assent on 15 November and is now the Children Act 2004. The Act provides a legislative spine for the wider strategy for improving children’s lives. This covers the universal services which every child accesses, and more targeted services for those with additional needs.


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The overall aim is to encourage integrated planning, commissioning and delivery of services as well as improve multi-disciplinary working, remove duplication, increase accountability and improve the coordination of individual and joint inspections in local authorities. The legislation is enabling rather than prescriptive and provides local authorities with a considerable amount of flexibility in the way they implement its provisions.

Details about the implementation of the Act and the wider reform programme are available in Every Child Matters: Change for Children.

The Children Act 2004 places a duty on local authorities to promote the educational achievement of looked after children

Relevant legal requirements and procedures covering confidentiality and the disclosure of information.

Data Protection Act 1998

The Data Protection Act 1998 (DPA) is a United Kingdom Act of Parliament which defines UK law on the processing of data on identifiable living people. It is the main piece of legislation that governs the protection of personal data in the UK. Although the Act itself does not mention privacy, it was enacted to bring UK law into line with the European Directive of 1995 which required Member States to protect people’s fundamental rights and freedoms and in particular their right to privacy with respect to the processing of personal data. In practice it provides a way for individuals to control information about themselves. Most of the Act does not apply to domestic use,[1] for example keeping a personal address book. Anyone holding personal data for other purposes is legally obliged to comply with this Act, subject to some exemptions. The Act defines eight data protection principles.

The types of information that should be treated confidentially: who you can and cannot share this information with.

What is Confidential Information?

Confidential information is:

personal information of a private or sensitive nature; and  information that is not already lawfully in the public domain or readily available from another public source; and  information that has been shared in circumstances where the person giving the information could reasonably expect that it would not be shared with others.

When is Confidence breached?

Confidence is only breached where the sharing of confidential information is not authorised by the person who provided it or to whom it relates. If the information was provided on the understanding that it would be shared with a limited range of people or for limited purposes, then sharing in accordance with that understanding will not be a breach of confidence. Similarly, there will not be breach of confidence where there is explicit consent to the sharing.

When can you share Confidential Information without consent?

Even where sharing of confidential information is not authorised by the person who provided it or to whom it relates, practitioners may lawfully share it if this can be justified in the public interest. Seeking consent should be the first option, if appropriate. Where consent cannot be obtained to the sharing of the information or is refused, the question of whether there is a sufficient public interest must be judged by the practitioner on the facts of each case. Therefore, where a practitioner has a concern about a child or young person, they should not regard refusal of consent as necessarily precluding the sharing of confidential information.

Sharing without consent in the public interest

It is possible to identify some circumstances in which sharing confidential information without consent will normally be justified in the public interest. These are:

When there is evidence that the child is suffering or is at risk of suffering significant harm

Where there is reasonable cause to believe that a child may be suffering or at risk of significant harm

To prevent significant harm arising to children and young people or serious harm to adults, including through the prevention, detection and prosecution of serious crime.

Serious crime for the purposes of this guidance means any crime which causes or is likely to cause significant harm to a child or young person or serious harm to an adult.

What factors are important before deciding to share confidential Information?

The key factors in deciding whether or not to share confidential information are necessity and proportionality, i.e. whether the proposed sharing is a proportionate response to the need to protect the public interest in question, for example to take action to protect the person, to promote a person’s safety and well-being or to prevent crime and disorder. In making the decision, practitioners must weigh up what might happen if the information is shared against what might happen if it is not, and make a decision based on a reasonable judgement.

What to do if you are worried a child is being abused

Everyone working with children and young people should be familiar with local procedures and protocols for safeguarding the welfare of children and young people. Adults have a duty to report any child protection or welfare concerns to a designated member of staff in their organisation and/or report any concerns to the local social care office.  Anyone who has concerns or is in doubt should refer to the document ’What To Do If You’re Worried a Child Is Being Abused” and follow that guidance.


NVQ Health & Social Care Answers

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