Guidance

Children’s Rights and Safeguarding Legislation

The creation of the regional Safeguarding Board for Northern Ireland (SBNI) was set up in law in the Safeguarding Board Act (Northern Ireland) 2011. The SBNI is tasked with developing policies and procedures that enhance collaboration and coordination across agencies.

The Children’s Services Co-operation Act (Northern Ireland) 2015 places a legal duty on public bodies to work together in promoting the wellbeing of children. This includes supporting their physical and mental health, access to play and leisure, educational progress, and ensuring their living conditions, rights, and financial stability are upheld.

The Children (Northern Ireland) Order 1995 forms the foundation of the child safeguarding and protection system. It outlines the responsibilities and rights of parents, as well as the obligations and powers of public authorities to safeguard and support children and young people’s welfare. It provides the legal basis for intervention where a child is at risk of significant harm.

Article 17 and 18 of the Education and Libraries (Northern Ireland) Order 2003 places a legal obligation on Boards of Governors to ensure the welfare and safety of pupils. This includes setting out the measures a school must take to protect children and young people from abuse, whether it occurs within the school environment or elsewhere.

The Human Rights Act 1998 incorporates the European Convention on Human Rights (ECHR) into UK law. Key Articles relevant to safeguarding and CCE:

  • Article 2: Everyone’s right to life shall be protected by law
  • Article 3: Protection from torture and inhuman or degrading treatment
  • Article 8: Right to respect for private and family life
  • Article 14: Protection from discrimination

Ensures that safeguarding practices uphold children’s fundamental rights.

These rights underpin safeguarding practices and ensure that children and young people are protected from exploitation, abuse, and neglect.

United Nations Convention on the Rights of the Child (UNCRC)

In line with Article 19 of the United Nations Convention on the Rights of the Child (UNCRC), all practitioners have a duty to take proactive and coordinated action to protect children from all forms of harm, including exploitation, abuse, and neglect. This article provides a global safeguarding framework that underpins our responsibility to ensure children’s safety and wellbeing.

Article 36 reinforces the obligation of the state and its agencies to protect children from any form of exploitation that may prejudice their welfare. Practitioners must remain vigilant to signs of exploitation, work collaboratively across agencies, and ensure that interventions are child-centred, rights-based, and trauma-informed.