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Safeguarding Children Legislation in England FAQs

It is crucial to comply with legislation and guidance in safeguarding, take a look at the latest safeguarding children legislation in England below.

• Children Act 1989

  The child protection system in England and Wales is grounded in the Children Act 1989. This Act established several key principles, including the following:

  • The concept of parental responsibility.
  • That a child’s welfare is paramount when the court is considering a question about a child’s upbringing.
  • That children are best looked after by their family, unless intervention in family life is essential.

  Section 17 places a duty on local authorities to promote and safeguard the welfare of children in need in their area by providing a range of services to meet their needs. Section 47 sets out what a local authority must do when it has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm.

• Children Act 2004

  The Children Act 2004 was introduced as a development and extension of the Children Act 1989. This Act established a Children’s Commissioner in England and created Local Safeguarding Children's Boards (LSCBs) in England and Wales. The Act focused on multi-agency working, stating that all agencies and individuals that work with children, including local authorities, the police and health services, have a duty to ensure they consider the need to safeguard and promote the welfare of children when carrying out their functions (Section 11).

• Children and Social Work Act 2017

  The Children and Social Work Act 2017 amended the Children Act 2004 to establish new local arrangements for safeguarding and promoting the welfare of children, replacing the model of local safeguarding children’s boards (LSCBs) with local safeguarding children partners (LSCP).

  The new arrangements identified three safeguarding partners – the local authority, NHS Integrated Care Boards (ICBs) and police forces – who are responsible for determining how safeguarding arrangements should work in their area for them and relevant agencies. Child Safeguarding Practice Review Panels were also established to review and report on serious child protection cases.

• Domestic Abuse Act 2021

  The Domestic Abuse Act 2021 recognises the impact of domestic abuse on children and young people. Section 3 of the Act specifically provides that a child (under 18 years old) who sees, hears, or experiences the effects of domestic abuse and is related to the victim or the suspect is also to be regarded as a victim.

• Education Act 2002

  The Education Act 2002 sets out the safeguarding duties of schools and colleges.

• Guidance for safer working practice for those working with children and young people in education settings 2022

  Information and guidance on best practice for a safer working environment within schools and educational settings. Click here for more information.

• Keeping Children Safe in Education (DfE, 2023)

  Keeping Children Safe in Education 2023 sets out the legal duties for safeguarding and promoting the welfare of children and young people under the age of 18 in schools and colleges. As of September 2022, the guidance also provides detailed information on how schools and colleges should respond to sexual violence and harassment between children.

• Local Safeguarding Children Partnerships

  The aim of all Local Authority Safeguarding Children Partnerships is to make sure that those who work with children and their families keep children safe. Safeguarding partners – the local authority, NHS Integrated Care Boards (ICBs), police forces and other agencies work together to develop and review Safeguarding Children procedures for the local area.

  Find your Local Safeguarding Children Partnership by visiting your local authority’s website and searching ‘Safeguarding Children Partnership’.

• Online Safety Act 2023

  The Online Safety Act 2023 places legal responsibility on tech companies to prevent and rapidly remove illegal content, such as that related to terrorism and revenge pornography, and to prevent children from seeing material that is harmful to them, such as content promoting self-harm and eating disorders, bullying and pornography.

• Working Together to Safeguard Children 2023

  Working Together to Safeguard Children replaces the 2018 edition. The guidance outlines what organisations and agencies must and should do to protect and promote the welfare of all children and young people under the age of 18 in England.