Under UK law and the United Nations Conventions on the Rights of the Child (UNCRC 1989) a child, or ‘minor’, is defined as anyone who has not reached their 18th birthday, irrespective of the age of majority in the country where a child is, or their home country.
The UK has very strict rules regarding child protection and safeguarding, falling within a number of laws and Acts of Parliament. In sending students to study in the UK you must be compliant with the relevant laws, rules and guidelines.
The UNCRC is the most widely ratified international human rights instrument, signed by over 190 countries, including the UK. Signatory States are pledging to harmonise their national laws to its articles. Each Signatory State submits a report on how the UNCRC is being implemented in their country every 5 years.
In England and Wales, the law states that people who work with children have to keep them safe. This safeguarding legislation is set out in The Children Act (1989) and (2004), and Safeguarding Vulnerable Groups Act 2006. It also features in the United Nations Convention on the Rights of the Child (to which the UK is a signatory) which sets out the rights of children to be free from abuse
The Department for Education has overall responsibility for child protection. The Welsh National Assembly also produces its own further guidance for local authorities within Wales.
In Scotland, the legislative framework for its child protection system is founded in the Children Act (Scotland) 1995, and the Children and Young People (Scotland) Act, 2014.
The Scottish Government issues guidance to local authorities.
In Northern Ireland, the legislative framework for today’s child protection system is founded in the Children (Northern Ireland) Order 1995.
The Department of Education for Northern Ireland, and Health, Social Services and Public Safety (DHSSPS) have overall responsibility for child protection.
All education sectors you may work with, further education, higher education, language schools and independent schools, must comply with their legal requirements for the protection and safeguarding of children. Education institutions have legal powers and duties to safeguard the welfare of children who come onto their premises or come into contact with their staff or students.
There are many statutory duties, it is a complex area and continually updated. You should check, and not work with private schools which have not developed clear and rigorous policies and procedures to demonstrate that they comply with statutory duties.
Wherever you are in a position of trust and come into contact with children, an improper relationship with a child is likely to constitute an abuse of trust offence under the Sexual Offences Act 2003. Education institutions also have powers, under the Rehabilitation of Offenders Act 1974, to enquire into the criminal records history of staff or students to assess any risk to children.
All organizations that work with or come into contact with children should have safeguarding policies and procedures to ensure that every child, regardless of their age, gender, sexual orientation, disability, religion or ethnicity, can be protected from harm. Setting up and following good safeguarding policies and procedures means children are safe from adults and other children who might pose a risk.
You know your business, and your work with students under 18. You should start by listing every situation in which you engage with children in your role. Make sure you fully understand what child safeguarding means. What are your responsibilities, and how do you minimise risks?
The NSPCC provides information, guidance and resources on all aspects of child protection and safeguarding.
The Standards set out aim to ensure that work undertaken by groups and organisations is: