Role of legislation: child protection

Health Policy

Learning Outcome 2

The role of legislation and policy in promoting health

In this Outcome, we = will consider the role of different pieces of legislation and government policy = in promoting the health of both care receivers and care providers.<= /span>

Over the course of t= he next few weeks, we will look at legislation and policy relating to the following areas:

Mental Health
Children
Data Protection
Manual Handling
Health and Safety
Food Handling
Care Practice

You may already be a= ware of legislation in relation to some of these areas through your care placement,= and you should try to share your experience in the class as well as using it to help you complete the assessment.

What is legislation, and where does it come fro= m?

Your practice as a c= are professional will be shaped by a raft of different pieces of legislation, policies and guidelines from a range of different bodies, with important implications both for your own practice and your patient or client’s well-being.

What do we mean by ‘legislation’, and how does this differ from policies specific = to the organisation you work for, or guidelines specific to an occupation?

Working in small gro= ups, discuss this question and complete the table overleaf.

<= /span>	Where might it come from?	Who might it affect?	What are the potential implications if it is = not implemented?
Legislation (e.g. Mental Health Act)
Guidelines (e.g. Codes of Conduct)=
Policies (e.g. Health and Safety procedures)<= o:p>

Legislation, policies and guidelines case study: child protection

One major area of legislation in recent years has been that of children and child protection, following a number of high profile cases in the 1990s and early 2000s such = as the Soham murders.

In Scotland, the most recent legislation on t= he issue is the Protection of Children (Scotland) Act 2003, while a r= ange of other legislation, guidelines and policies exist to ensure children̵= 7;s rights and safety are upheld.

Working in small gro= ups, discuss the following questions:

What are the main concerns for those worki= ng with children in a health care or social care setting?
How does government legislation attempt to= deal with these concerns?
How effective do you think that this legis= lation will be?
What does the Children’s Charter off= er for children and young people?
What can the Children’s Commissioner= do?
What do care providers need to do to ensur= e they are complying with the legislation? What might the consequences be if = (i) an organisation did not have adequate child protection policies in pla= ce or (ii) an individual employee breached the organisation’s polic= ies on child protection?
What role do other bodies such as the UN, Children 1^st and NCH have in shaping child protection polic= y?

Useful websites – legislation, policies a= nd guidelines relating to children

www.nspcc.org.uk/inform - NSPCC= site aimed at professionals working with children, including details of the NSPCC’s policies for their own projects (NB: the NSPCC work in England and Wales, the Scottish equivalen= t is Children 1^st).

www.children1st.org.uk - Scotti= sh child protection organisation

www.nch.org.uk - national charity campa= igning on children’s issues

http://www.scotland.gov.uk/Topics/People/Young-People/children-servic= es - Scottish Executive website on children’s services=

http://www.scotland.gov.uk/Topics/People/Young-People/chi= ldren-families/17834/12088 - Summary of the Protection of Children (Scotland) Act 2003=

http://www.scotland.gov.uk/Topics/People/Young-People/chi= ldren-families/17834/10238 Scottish Executive program on children’s services <= /p>

http://www.voluntaryarts.org/ - website for arts organisations in the voluntary sector, with good general guidelines for voluntary sector organisations