Legal Powers and Duties of Local Authorities in Relation to the Protection of Children - Essay Example

Legal powers and duties of local authorities in relation to the protection of children Introduction Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children defines safeguarding as the process of ‘protecting children’ from such harms as neglect and keeping them safe from impairment of health in order to ensure that they successfully enter adulthood. Admittedly, The United Kingdom’s childcare system is diverse and is offered by private, voluntary, and other independent providers. The country’s childcare offerings include both full day-care and care on session basis. Private, voluntary, and other providers work in association with children centres and schools in order to deliver flexible and quality services. The UK government has been trying to improve child protection through various rules and regulations which give specific attention to the nation’s increasing child abuse issues. For this purpose, the country has introduced a set of legislations including Children Act 1989, Protection of Children Act 1999, Children Act 2004, Safeguarding Vulnerable Groups Act 2006, Childcare Act 2006, and the Children and Young Person Act 2008. Powers of local authorities In fact, Section 47 of the Children Act 1989 is the very basis of the responsibilities of the local councils. It points out that the councils are responsible to initiate enquiries if they find that a child in their area is probably suffering, or is likely to suffer harm. If it is found in enquires that there is potential harm, the local authority should conduct discussion with other concerned agencies to initiate a core assessment which leads to procedures to protect the child. Sections 8, 9, and 10 of the Childcare Act 2006 provide local authorities with a set of powers in order to efficiently fulfil their duties, which have been defined under sections 6 and 7 of the Act. Section 8(1) of the Act gives power for local authorities to assist any individual who is providing or willing to provide healthcare. This section also directs local authorities to make necessary arrangements with any other individual for the effective delivery of healthcare facilities. Under section 8(2) of the Act, local authorities are given the power to extend financial assistance to persons who deliver or propose to deliver childcare. They may provide short term as well as long term financial assistance to providers. In addition, local authorities are given the power to extend their services to families in need; for instance, families with disable children. The authorities can determine the type of assistance to be offered to those families. Section 8(3) specifies certain criteria for providing childcare for a particular child or group of children. As per this section, a local authority must not offer childcare unless it is convinced that there is no one to provide childcare or another person is not willing to do so. At the same time, section 8(4) of the Act exempts childcare provision under the control of a maintained school from the limits of the section 8(3). The section 8(5) states that subsection 3 is not applicable to childcare provision guidelines defined under section 18(1) or (5) of the Children Act 1989. According to section 9 of the 2006 Act, when local authorities make arrangements with a childcare provider by offering financial assistance, they have the power to impose certain requirements on that provider in order to ensure quality of the childcare provided. In addition, the local authority may require repayment of the whole fund if the provider fails to meet the requirements. Section 10 of the Act provides local authorities with the power to charge for any childcare services they provide; given some exceptions. According to the provisions of the 2006 Act, local authorities do not have any restriction in offering different types of assistance to providers. When there are no possibilities for local authorities to deliver childcare services in partnership with private, volunteer, and other individual sectors, they have the power to provide new childcare directly. Hence, it is clear the UK government provides local authorities with a wide range of powers in order to ensure that no childcare needs go unmet. Duties of local authorities In order to effectively fulfil their assigned duties and responsibilities, local authorities need to play a strategic role in identifying childcare needs and ‘commissioning services’ effectively. The term ‘commissioning’ not only represents delivery of childcare services, but also addresses all local authority actions that facilitate and structure the UK’s childcare market. Local authorities have to fulfil a set of duties while facilitating and promoting local childcare market. Firstly, they have the duty to maintain diverse supply in order to assist both parents and children to take advantages of extensive choices. To be more specific, local authorities have to ensure that their clients obtain childcare services as and where they (clients) need. In addition, local authorities must focus on integrated service delivery and closely work with Every Child Matters programmes, specifically childhood services. Also, they have to ensure an affordable and sustainable market which is capable of meeting the parents’ needs and offering fair and equitable support to childcare providers. The key duty of local authorities is to achieve sufficiency and best value in providing child care. Although the Act does not impose any operational restriction on local authorities; it requires them to develop proper mechanism for consulting on some important matters, particularly when more improved facilities are needed to take care of disabled children or those with some vulnerability. While striving to secure sufficiency, local authorities must not compromise with their fundamental values. All local authorities are responsible for promoting a sustainable economic growth by strictly adhering to guidelines issued by the Department for Communities and Local Government. Another important area is the promotion and safeguarding of the welfare of children as specified under Sections 175 and 157 of the Education Act 2002. Under the provisions of the Act, local authority has the responsibility to nominate a lead officer who is responsible to the welfare of children. This involves coordinating and planning service delivery as various agencies ranging from schools and FE colleges are involved in the activities. Once the strategy is developed, it is for the lead officer to see that schools are well aware about their responsibilities and that they monitor their performance on a regular basis. Thirdly, model programs, regular training and advice should be made available to the various agencies involved. Also, it is for the lead officer and local authority to see that the ones who are excluded from schools are provided alternative ways of education. Once the local authority decides to look after a child, it undertakes a lot of responsibilities. First of all, the local authority has to make sure that the views and interests of the looked-after are taken well into consideration when decisions are taken. In addition, in order to ensure legality, it is necessary to communicate with the relevant family members both verbally and in writing. Secondly, the educational, religious and medical needs of the child should be met. Moreover, when a child is looked after away from home, there is the need to ensure minimum levels of contact with the child, which is usually no more than three months . Yet another important area of responsibility for local authorities is the need to wok in collaboration with the Early Years Development and Child Care Partnership and to provide “information and advice regarding child minding and day care followed by adequate training for persons who provide assistance”. Also, the Crime and Disorder Act 1998 points out that each local authority should act in collaboration with Police and Health and Probation in order to provide a Youth Justice Service. It is this system that is used to handle victims and perpetrators of abuse. In addition, after conducting Section 47 enquiries of domestic abuse, the local authority should report to the Children and Family Courts Advisory and Support Service (CAFCASS). Also, any further information and developments in the cases should be conveyed to the CAFCASS. Moreover, any request for information from CAFCASS should be promptly replied by the local authority. Three other important responsibilities are Strategy Meetings, Child Protection Conferences, and reviews related to incidents. Planning and commissioning As discussed earlier, effective planning and commissioning are the central duties of local authorities in relation to childcare. While delivering planning and commissioning services, local authorities must comply with rules and regulations defined in the Joint Commissioning Framework. Local authorities have to clearly distinguish between agreements such as advisory services, agency services, and direct childcare delivery services. In addition, they must ensure that their funding activities add value to the country’s childcare and the effects of funding activities can be measured. Furthermore, local authorities should continuously monitor provider activities without creating much bureaucracy and ensure that each provider has a standard timeframe. They have the responsibility to assess whether operational outcomes from working partners are directed to pre-planned strategic objectives. Likewise, local authorities should make sure whether or not agreements contain provisions for requiring repayment of funds if providers fail to meet agreed standards. Similarly, local authorities must take necessary actions to encourage their providers and partners to routinely consult top management (local authorities) while making decisions on planning and commissioning of services. After considering the nature and value of the proposed contract, local authorities have to make arrangements for adequate level of competitive tendering between childcare providers. The UK government is interested in supporting small providers, medium enterprises, and social organisation models as they deliver competitive services. The government suggests local authorities to foster those providers by utilising existing networks or provider groups. The country’s extended school initiatives assisted a large number of schools to get access to improved childcare facilities. In this context, local authorities have to pay specific attention on commissioning relationship with schools so as to enable them to independently act as commissioners of children’s services. Local authorities have the obligation to provide schools with consultation services regarding local demand and unmet childcare needs. They must also advise schools with range and timeframe of proposed childcare plans. On the basis of acquired outcomes from their childcare sufficiency assessment, local authorities should aid schools to identify their weaker operational areas and suggest them with ways to improve in those areas. Another duty of local authorities is to provide schools with the benefits of partnership work, which would probably include skills and experiences of the commissioning unit. Evidences show that schools which frequently consult with local authorities and communities have been successful in delivering effective childcare services. While making arrangements with childcare providers, local authorities must ensure that the structured policies are flexible enough to make alterations in accordance with the government’s future policy amendments. In addition, local authorities must ensure that commissioning approaches are in line with UK and EU policies and regulations. The European Union Public Services Procurement Directive specifically requires authorities to maintain transparency and consistency in agreements, awards, and other processes. Data shows that nearly 12-14 percent of small businesses terminate their operations every year as a result of adverse market mechanisms; hence, local authorities must be aware of this situation while developing strategies for supporting childcare providers. They must be in close touch with market trends in order to prevent market failures. To illustrate, local authorities have to develop and executive effective strategies to help new providers overcome entry barriers. Deep market knowledge may assist local authorities to direct new providers to market segments which are still underserved. However, authorities must make sure that their intervention activities do not affect providers’ operational efficiency or cause any market distortion. In order to promote and secure sufficient childcare, local authorities need to fulfil many strategic management duties including information, support, regulation, provision, commissioning structures, and commissioning strategies. Firstly, local authorities have to gather different market information by way of childcare sufficiency assessments. Strategic brokerage, partnerships and networks, consultation services to childcare providers, and parent enlightenment are some of the associated aspects of information collection. According to the strategic brokerage concept, local authorities are required to share the gathered market assessment findings with providers so as to assist them effectively and timely respond to parent needs. They also have the duty to utilise existing networks as well as form new partnerships with various market players including local employers and health services in order to promote improved childcare practices and ensure affordable care facilities to different regions. Local authorities must also give proper advices to childcare providers in crucial situations. One of the most important duties of local authorities is to inform parents about different range of childcare services available in their areas. Such services would assist parents to match their needs with available childcare services in accordance with section 12 of the Childcare Act 2006. As already discussed, local authorities have the power to support any person who provides or proposes to provide childcare. As part of this provision, local authorities are responsible for providing training or business support to new providers. More precisely, they must assist new providers to easily adapt to regulatory requirements and to identify underserved market segments. While assisting new childcare providers, local authorities must bear in mind that the UK government already supports different segments of the market mainly by way of providing financial packages. Although childcare regulations are generally set at national levels, local authorities have also a crucial role to play in local care settings. Local authorities are required to locally make appropriate regulative arrangements with funding. In addition, they may impose necessary requirements on local providers in order to make them qualified for receiving financial assistance. While designing local arrangements and requirements, local providers must be vigilant to secure childcare providers from the possible risk of overburdening. They have the responsibility to assist providers to meet national requirements including registration. Similarly, while dealing with commissioning strategy and structures, local authorities must ensure that all providers equally get a plying field and providers’ decisions are driven by their strong desire to improve outcomes. It must be specifically noted that local providers have to act as both ‘commissioners’ and ‘providers’ and take into account risks associated with conflicts of interest. Section 9 of Children and Young Person Act 2008 also states some duties of local authorities in relation to sufficient and secure accommodation. Section 9(2G)(4) of the 2008 Act describes that in order to effectively provide secure accommodation to children, local authorities must ensure that sufficient accommodation providers and facilities are available in their area. According to section 15 of the Act, local authorities should ensure visits to children who are being looked after by childcare. Section 15(23ZA) (2) of the Act directs that a representative of the local authority must visit children looked after by childcares that are operating under their (local authorities) jurisdiction (ibid). In addition, local authorities also have the responsibility to provide its beneficiaries with sufficient levels of advisory supports and other assistances. The 2008 Act also says that local authorities must make certain that the chosen representative has sufficient skills and experience to perform the assigned task. Existing problems and solutions The Munro Review reports that despite all these efforts and modifications in child protection laws, the system has not produced the expected results. So, it makes the general suggestion that the system should be more effective in noticing imbalances and correcting them. The reasons behind this lack of effectiveness can be found in Working Together to Safeguard Children. The first one is the poor handling of data systems, which results in support professionals’ poor access to important information when necessary. Also there is a lack of proper guidance, which results in poor knowledge and skills. This leads to poor observation and ineffective Serious Case Reviews. The second issue is the complexity of interagency working that happens because of the large number of agencies including Local Safeguarding Children Boards, children’s social workers, youth workers, schools, Early Years, Police and Health Department. Because of this complex web of activities, there is a lack of feedback when there is serious concern about a child. Thirdly, though all local authorities have designated councillors who act as the Lead Member for Children’s Services, not all of them actively try to understand the range of service provisions in their area. In order to improve this situation, it becomes necessary to allow Lead Members access to up-to-date information on safeguarding practices which take place within their territory. This should be accompanied by the details of the children in the area, their needs, and the degree and nature of various services those children receive. In order to achieve this, the senior managers of all safeguarding partners should be made to communicate with the Lead Members on a regular basis. Such communication should cover important management information, assessment reports, and inspection reports. In addition, the agencies should provide valuable suggestions about the required changes in the future. Moreover, it is for the Director for Children’s Services (DCS) to be in regular contact with the local authority and the Lead Members in particular to know more about the situation in their areas. In order to overcome the issue of poor knowledge and skills which results in poor observation and intervention, it is necessary to introduce training for the staff at local level. The training should be provided on a regular basis in order to ensure that the staffs are kept up-to-date regarding the various needs of the local area and any new rules and regulations. Secondly, in order to ensure proper exchange of information, it becomes necessary to develop a law that makes electronic communication system mandatory. This system should be accessible at various levels and should be integrated to a national information system managed by the Director for Children’s Services. That means, the regular reports submitted by various agencies and frontline staff will reach both the local authority and the DCS at the same time. In addition, the directives from the DCS and Lead Members should reach the frontline staff. This electronic communication system will ensure that each agency under the local authority is assigned a particular task and that the agencies remain focused on their task. The report named Recent Developments in Child Protection Policy and Practice in Scotland and the UK finds out a large number of issues associated with child protection. Surprisingly, almost all of the issues need to be addressed at the local authority level. The first issue identified is that there are serious problems in communication between agencies around the referral process. It happens because the referral process does not require any particular form of communication. So, often it takes place over telephone; and hence, is not followed up in writing as guidelines stipulate. In order to address this issue, it should be made mandatory that a referral that does not follow the stipulated way of communication should not be entertained. Secondly, instead of writing up a referral, there should be electronic ways of communication which will make referral process faster and easier. However, there are issues even after referrals are taken into consideration by the local authority. Once the local authority decides to commence care proceedings, the issues of court delay and court fees appear. According to reports, a court takes nearly 45 days in order to handle such a case, which is a significant time considering the seriousness o the issue. Secondly, there is the issue of the huge court fees that makes local authorise reluctant to initiate court proceedings. So, the next important area would be separating child care proceedings from other court proceedings. Either such cases should be handled through another faster and more effective system or they should be offered fast-track handling in the existing courts at lesser fees. Another important issue is the poor management of investigations handled by local authorities. As the report observes, most of the investigations are poorly recorded. Most of the investigations were found to be not as wide as they should be. Again, it becomes evident that there is the need to develop such a new rule that stipulates proper recording of investigations. However, there are certain areas which are not even addressed by the existing child protection areas. The first one among them is the lack of rules and regulations regarding the age and qualification of babysitters. Nearly 60% of child sexual abuse cases involve babysitters, family friends, or neighbours. That means it is highly necessary to have certain rules and regulations regarding the skills and age of a babysitter. First of all, while there is no definite law regarding the age of a babysitter, people under the age of 16 cannot be charged for neglect or ill treatment of a child. That means, if the babysitter is below the age of 16, the life of the child is under no protection as there is no law to control the activities of the babysitter. So, it becomes necessary for the proper protection of children to introduce laws regarding the minimum age of the babysitters. Secondly, the qualification and experience of the babysitters is an important consideration. It is highly necessary to set a minimum standard for the babysitters. In addition, there should be specific training for the babysitters. If such programs are arranged by the local authority, the local authority gets a chance to develop a record of the recognised babysitters in the area. On the one hand, it will reduce the incidences of child sexual abuse by babysitters; and on the other, the babysitters can be trained to become useful observers who can make effective referrals to the local authority. The next important area, according to the NSPCC Factsheet (NSPCC, 2011), is the minimum age at which a child can be left alone. Admittedly, a lot of issues arise when there are no rules in this regard. With no specific law in place, many children are left alone without any care, and this kind of abuse often evades the eyes of authorities as there is no easily identifiable evidence involved. However, if there is a specific law that sets the minimum age for a child to be left alone, it will become easy for social workers to identify potential cases of this nature. The next issue to be considered is the need to have a written constitution that guarantees access to healthcare. Conclusion In total, it becomes evident that local authorities have an important role to play in child protection. This is so primarily because of the complex nature of the child protection system in UK. There are a large number of governmental, non-governmental and voluntary agencies that engage in various kinds of tasks at the same time. Thus, the local authority assumes the rather troublesome role of coordinating all these agencies and their activities in a proper manner. It develops various strategies, provides training to its frontline staff, and observes the performance of various agencies and frontline staff. Also, it becomes evident from the study that there are areas which are not covered in the existing laws in UK. The first one is the absence of a written constitution that guarantees equality in access to healthcare. The second important issue is the absence of regulations regarding the age and qualification of babysitters. Also, it has become evident that it is highly beneficial if the local authority provides training to babysitters and keeps a record of the recognised babysitters. The next recommendation is the creation of a law regarding the minimum age required to leave a child alone. Moreover, the study identified a number of issues which usually arise in the operation of local authorities. The first one is the poor communication and coordination between the various agencies. This can be solved with the incorporation of electronic communication and data storage technology. Also, as referrals are often made over telephone, they are not properly followed up. This can be solved if there is the communication software that allows direct entry of issues by victims, referrals by agencies, observations, and other related content. Once such issues are registered electronically, they get automatically stored; and thus, it is possible to ensure proper follow up. Some other problems identified are the poor investigation procedures as a result of lack of knowledge and training. This shows that there is the need to introduce better rules and regulations making it mandatory for local authorities to provide training to various frontline staff. References BAAF., n.d. The law, [online] Available at: [Accessed 20 March 2012]. Childcare Act 2006., 2006, [online] Available at: [Accessed 20 March 2012]. Department for Children, Schools and Families., 2008. Sure start children’s centres: Building bright futures, [online] Available at: [Accessed 20 March 2012]. Department for Children, Schools and Families., 2010. Working together to safeguard children: A guide to inter-agency working to safeguard and promote the welfare of children, HM Government, [online] Available at: [Accessed 20 March 2012]. Department of Education., 2011. Post-legislative assessments of the education and inspections act 2006, childcare act adoption act 2006: Memorandum to the education committee of the House of Commons, [online] Available at: [Accessed 20 March 2012]. Department for Children, Schools and Families., 2006. Securing sufficient childcare: Guidance for authorities childcare act 2006, [online] Available at: [Accessed 20 March 2012]. Kendrick, A., 2004. Recent developments in child protection policy and practice in Scotland and the UK, [online] Available at: [Accessed 20 March 2012]. Legislation.gov.uk., 2008. Children and young person act 2008, [online] Available at: [Accessed 20 March 2012]. McRae, J., 2006. Children looked after by local authorities: The legal framework, Social Work Inspection Agency, [online] Available at: [Accessed 20 March 2012]. Munro, E., 2010. Interim report: The child’s journey, The Munro Review of Child Protection, [online] Available at: [Accessed 20 March 2012]. NSPCC., 2011. An introduction to child protection legislation in the UK. NSPCC Fact Sheet [online] Available at: [Accessed 20 March 2012]. National Audit Office., 2006. Delivering Efficiently: Strengthening the Links in Public Service Delivery Chains, London: The Stationery Office. Provision of childcare. 2006. Childcare Act 2006. Legislation.go.uk., [online] Available at: [Accessed 20 March 2012]. Whealin, J & Barnett, E., 2011. Child sexual abuse, United States Department of Veterans Affairs, [online] Available at: [Accessed 20 March 2012]. Read More