The Children Act 2004 has been implemented in part, and there are ongoing changes, which will impact upon the Clinician. The Act includes a general duty to co-operate in relation to child protection investigations. The Children Act 1989 established duties to co-operate with other agencies. The Clinician should be aware of his/her obligations under the National Service Framework www.dh.gov.uk.
Also to be introduced is the new Common Assessment Framework (currently being piloted), which is part of the government programme "Every Child Matters". www.everychildmatters.gov.uk/deliveringservices/caf. A link to a fact sheet is available from the web page.
Each Local Authority area has a Local Safeguarding Children Board (LSCB) (replacing the Area Child Protection Committee). The Clinician should be familiar with the internal guidance for his or her organization in order to identify situations where a child may be suffering harm, and if harm is suspected, to be able to refer to other agencies as appropriate. If guidance is not to hand it can be obtained by contacting the LSCB for the local area, and each Trust should have a designated child protection professional. A child protection referral form will be available. Locally agreed child protection protocols, as outlined in HM Government "Working Together to Safeguard Children", will be in place. The Clinician should make use of peer review systems and discuss any concerns with his/her line manager.
The Department of Education and Skills produces guidance in the form of a booklet "What to do if you're worried a Child is being abused". A copy can be downloaded or ordered online at www.teachernet.gov.uk/publications (ref 31553) or by email dfes@prolog.uk.com (ref 31533). The literature includes "Flow Chart for Referral".
The Adoption and Children Act 2002 expanded the definition of "harm". Harm is now defined in as ill treatment or the impairment of health or development including impairment suffered from seeing or hearing ill treatment of another. Therefore the exposure of a child to domestic abuse of another is now included in the definition of harm.
Further information can be found in the Department of Health publication "Responding to domestic abuse- A handbook for health professionals". This handbook includes a comprehensive list of support organizations, as well as providing comprehensive guidance. The handbook includes a CD. Copies can be obtained by email dh@prolog.uk.com (quoting ref 267795).
If the Clinician feels that there is cause for concern about the care or welfare of a child a record must be kept. Cause for concern could arise from suspected non-accidental injury, but also from behavioural problems, exposure to the problematic behaviours of others, or neglect evidenced by failure to thrive. Issues of patient confidentiality are secondary to protection of the child, and the clinician is not bound by confidentiality when making a referral and sharing information with other appropriate professionals. See Confidentiality and Record Keeping in the Context of Child Protection Confidentiality and record keeping in the context of child protection.
A valuable source of information and guidance is www.everychildmatters.gov.uk. This site is regularly updated and includes a Practitioners Guide to Information Sharing www.everychildmatters.gov.uk/deliveringservices/informationsharing
The Department of Health document "Working Together to Safeguard Children" is a guide to inter-agency working to safeguard and promote the welfare of children (available from The Stationary Office www.tso-online.co.uk). An updated and expanded document was published in May 2006, in light of the provisions contained within The Children Act 2004.
Information Sharing Indexes are to be introduced as part of the Every Child Matters agenda. The Government has announced that fully operational information sharing indexes will be introduced throughout England by the end of 2008.
This information is for educational purposes only and is not intended to substitute seeking legal or clinical advice where appropriate. For further legal information, please contact the Law Society of England and Wales at www.lawsociety.org.uk.
This guidance is produced by WardHadaway.
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