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Unread 02-14-2012, 05:19 PM
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Default rights of children and families when abuse is suspected or alledged

This may help a little

In cases of alleged abuse or harm children and young people have the right to be protected from significant harm under the children’s act 1989, every child matters 2004 and the UNCRC

They have the right to be involved in decisions that are being made about them and should be kept fully informed of processes involving them, while also being allowed to express their own views and opinions.

For a child or young person who is suspected of being abused, then the primary concern will to ensure that the child is protected from further abuse and the child’s welfare will be the priority.

Wherever possible the child may be allowed to remain in their family home and protection will be achieved by working with the child’s parents or carers without the need to remove the child.

However, if they are suffering from physical or sexual abuse then they will be removed from their home to protect them from any further harm.

Parents or carers have a right to be informed what is being said and to contribute their own views and opinions, however if the child or young person is suffering significant harm then the parents or carers have no immediate rights

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The current (2022) Level 3 Early Years course book

Page 99 looks at AC.3 Actions to take if Harm or abuse is suspected and/or disclosed.

and on page 100 - also use what it says in your setting's Safeguarding Policy about protecting childrens, parents and carers rights.

AC 3.4 The rights of children and parents/carers when harm or abuse is suspected or alledged.

When a child is suspected of being abused, then the primary concern will be to ensure that the child is protected from further abuse and the child's welfare is paramount.


Children have the following rights

- to be protected against significant harm
- not to be subjected to repeated medical examinations or questions following suspected abuse
- to be involved in decisions that are being made about them
- to be kept fully informaed of processes involving them, while also being allowed to express their own views and opinions

Wherever possible the child may be allowed to remain in their family home, and protection will be achieved by working with the child's parents or carers without the need to remove the child.
However if they are suffering from physical or sexual abuse, then they will be removed from their home to protect them from any further harm.


What are the rights of parents when abuse is suspected

Parents rights are modified by their responsibilities towards their children. In cases of alleged abuse or harm to a child, parents or carers have a right to be informed about what is being said and to contribute their views and opinions.
However if the child is suffering significant harm, then the parents or carers have no immediate rights.




The legislation and guidelines underpinning these rights for the home nation of England is:

Working Together to Safeguard Children (2018)

What to do if you are worried a child is being abused - link to Gov.uk

Protection of Children Act 1999

The Disclosure and Barring Service

The Children Act - The Childen Act 30 Years on on CYPNOW.co.uk

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OLDER HANDBOOK:

More on page 125/126 of this CYPW level 3 handbook


Children and their parents or carers have important rights even in cases of suspected abuse. It can be difficult to understand this, especially where the circumstances are distressing. Older children often have a clear idea of what needs to be done to ensure their safety and well-being. Most children feel loyal towards those who care for them even when they have been responsible for the abuse, and have difficulty saying anything against them. In situations where harm or abuse is suspected or alleged, it is important to remember the following guidelines.
  • Children and young people should receive help so they can express themselves fully, understand what is happening and the decisions that have to be made.
  • A child or young person has a right not to be subjected to repeated medical examinations or questioning following any allegation of abuse, whether of a physical or sexual nature.
  • Family members normally have the right to know what is being said about them and to contribute to important decisions about their lives and those of their children.
  • Children should be kept fully informed of processes involving them, should be consulted sensitively and decisions about their future should take account of their views.
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