Key Legislation

England - Key Legislation

The Children Act (1989) and The Children Act (2004)

A fundamental piece of legislation governing child protection in England. It reinforces that all organisations have a duty to promote the welfare and safeguarding of children.

Working Together to Safeguard Children (2023)

Statutory guidance on inter agency working to safeguard and promote the welfare of children. Updated in March 2026.

Keeping Children Safe in Education (2025)

Statutory guidance for schools, colleges, and education providers. A draft update is due in 2026, coming into effect in September 2026.

The Prevent Duty (2015)

Aims to stop people from becoming involved in terrorism or supporting it. Also supports rehabilitation and disengagement. Updated in 2023.

Safeguarding Vulnerable Groups Act (2006)

Introduces the vetting and barring scheme to ensure staff are appropriately checked.

Local Safeguarding Children and Adult Partnerships

Promotes partnership working within local authorities to safeguard children and adults.

The Care Act (2014)

Focuses on improving adult wellbeing and independence. Requires local authorities to provide or arrange services to prevent or delay care needs.

Sexual Offences Act (2003)

Introduces offences relating to sexual abuse and abuse of a position of trust.

Public Interest Disclosure Act (1998)

Protects individuals who raise concerns or whistleblow from victimisation.

Significant Harm Definition

Harm includes ill treatment or impairment of health or development.
Development covers physical, intellectual, emotional, social, and behavioural aspects.
Health includes physical and mental health.
Ill treatment includes physical, sexual, and non physical abuse.

Section 17 – Child in Need

A child is considered in need if:

• They are unlikely to achieve or maintain a reasonable standard of health or development without support

• Their health or development is likely to be impaired without services

• They are disabled

Section 47 – Child at Risk of Significant Harm

Places a duty on local authorities to investigate where there is reasonable cause to suspect a child is suffering or likely to suffer significant harm.

Section 42 – Adult at Risk

Applies where an adult:

• Has care and support needs

• Is experiencing or at risk of abuse or neglect

• Is unable to protect themselves

Includes financial abuse such as theft, fraud, pressure, or misuse of money.

Equality Act (2010)

Updated in 2024 to include strengthened provisions on sexual harassment.

Mental Health Act (1983)

Covers assessment, treatment, and rights of individuals with mental health disorders.

Mental Capacity Act (2005)

Protects and empowers individuals who may lack capacity to make decisions about their care.

Domestic Abuse Act (2021)

Improves protection for victims, strengthens the justice system response, and raises awareness of domestic abuse.

Health and Safety at Work Act (1974)

Outlines duties of employers, employees, and the self employed to ensure safety.

Disclosure and Barring Service Checks

Supports safer recruitment decisions through background checks.

Rehabilitation of Offenders Act (1974)

Provides guidance for supporting individuals with criminal records.