10.1.1 Relevant Legislation
Last updated 12/11/2018
This Protocol should be considered as a supplementary tool to be used in conjunction with National Legislation and Guidance. It does not replace existing Safeguarding Procedures.
The following legislation and guidance should be utilised by all agencies involved in safeguarding.
The Children Act 2004 (sections 10 and 11) outline the statutory requirements each agency working with Children and Families must adhere to, to ensure that there is a co-ordinated approach to safeguarding.
Working Together to Safeguard Children 2018 Statutory Guidance emphasises the necessity for interagency work to safeguard and promote the welfare of children.
The previous Department for Children, Schools and Families produced supplementary guidance to “Working Together to Safeguard Children” in 2010 entitled Safeguarding Children and Young People who may be affected by Gang Activity’. Anyone working with young people involved in, or at risk from, gang activity should use this tool for guidance.
Information sharing is critical in multi-agency working and should be made explicitly clear under the terms of section 29 of the Data Protection Act 1998 and sections 5, 17 and 115 of the Crime and Disorder Act 1998.
In January 2016 the Home Office produced the “Ending Gang and Exploitation” guidance. The previous “Ending Gangs and Youth Violence” (2014/15) programme demonstrates that there is a much better understanding of the issues, and how to tackle them. There is a clearer picture of the challenges surrounding gang culture and exploitation and how best to target action. Partners have shared information, for example, that many gangs are changing and that street gangs are becoming less visible to the public and more fluid in terms of organisation. In particular, it is important that local partners are able to respond to the exploitation of vulnerable people by gangs especially as the problem is often hidden and not always understood in many of the local areas where it is taking place. Partners are concerned with both reducing gang related violence and preventing the exploitation of children by gangs.
The guidance tells us that early intervention can stop young people from becoming involved in gang and youth violence in the first instance.