The Children Act 2004

[fran]

Can someone please help me here? They have put:

In addition, Sections 10 and 11 of the Children Act 2004 place a duty on children's services authorities and relevant partners to co-operate and to make arrangements to ensure that in discharging their functions they have regard to the need to safeguard and promote the welfare of children (see section on safeguarding responsibilities below).

Is this true in relation to HE? I know we have used Section 10 to repeatedly ask them to consult us but I cannot see that they have a duty towards HE'ers under section 11.

I cannot see what they are trying to say with the sentence they have put in the doc, especially when start trying to incorporate all the amendments. I'm wondering about putting the question on one of the national groups. I can't think when I have ever seen the law relating to HE quote the Children Act 2004.

[jo70mo]

I think it means that when they are going about their work and fulfilling their duties they have to have a regard to safeguarding and welfare so if whilst fulfilling their duty/ role or function that isn't itself one of safeguarding they should not ignore anything that should cause them to be concerned. So in their legitimate dealings with he-ers if something jumped out as being a safeguarding concern they shouldn't just ignore it as they are 'education' - they should make their concerns known to the appropriate dept. It doesn't give them additional duties or powers at all but I think is there so people don't bury their head in the sand when carrying out any duties that are not specifically safeguarding. So if a teacher heard something that concerned them about a pupil they need to act even if it is not their specific role. However the action is to pass on the info to the right place and their role is not to go looking for concerns either.

[tricia]

www.legislation.gov.uk/ukpga/2004/31/section/10

It's another bit of bad paraphrasing. What they should say is:
10. Co-operation to improve well-being
(1)Each children’s services authority in England must make arrangements to promote co-operation between—.
(a)the authority;.
(b)each of the authority’s relevant partners; and.
(c)such other persons or bodies as the authority consider appropriate, being persons or bodies of any nature who exercise functions or are engaged in activities in relation to children in the authority’s area..

and don't forget:
(3)In making arrangements under this section a children’s services authority in England must have regard to the importance of parents and other persons caring for children in improving the well-being of children.

Which means they should be working with us, 'promoting co-operation', under 1(c) & 3.
The functions bit comes from S.11 which is not relevant to HE .

They're trying to use it as justification for acting outside of the law.

[fran]

Yes. I've just realised that it is actually in the Guidelines.

2.13 The Children Act 2004 (“the 2004 Act”) provides the legislative framework for developing
children’s services as detailed in Every Child Matters: Change for Children. The background
and aims of Every Child Matters can be found on its dedicated website6. Section 10 of the
2004 Act sets out a statutory framework for cooperation arrangements to be made by local
authorities with a view to improving the well-being of children in their area.
2.14 Section 11 of the 2004 Act sets out the arrangements to safeguard and promote the welfare
of children. However, this section does not place any additional duties or responsibilities on
local authorities over and above section 175(1) of the Education Act 2002. Statutory Guidance
on Making Arrangements to Safeguard and Promote the Welfare of Children under section 11 of
the Children Act 2004 has been updated and published in April 2007.

The way they'd summarised it made it look to me like they think they have to go in and check on children but it is more about them making sure their staff are CRB checked etc.