Organisational Responsibilities
- Organisational responsibilities under the Children Act 2004 (as amended by the Children and Social Work Act 2017)
- People in a position of trust-managing allegations
- Duty to notify the Disclosure and Barring Service (DBS)
- Single agency case closure: inform other agencies involved with the child (or adult)
Organisational responsibilities
In accordance with S 11 Children Act 2004 (as amended by the Children and Social Work Act 2017) a range of individual organisations and agencies working with children and families have a specific statutory duties to promote the welfare of children and ensure they are protected from harm. The act places a duty on:
- local authorities
- NHS organisations and agencies and the independent sector. This includes NHS England and Clinical Commissioning Groups, NHS Trusts, NHS Foundation Trusts and General Practitioners
- the police including Police and Crime Commissioners and the Chief Officer of each police area
- the British Transport Police BTP
- the National Probation Service (NPS) and the Community Rehabilitation Companies (CRCs)
- Governors/Directors of Prisons and Young Offender Institutions (YOIs)
- Directors of Secure Training Centres (STCs)
Principals of Secure Colleges - Youth Offending Teams (YOTs)
These organisations and agencies should have in place arrangements that reflect the importance of safeguarding and promoting the welfare of children including:
- a clear line of accountability for the commissioning/provision of services designed to safeguard and promote the welfare of children
- a senior partnership lead with the required knowledge, skills and expertise to take leadership responsibility for safeguarding arrangements
- clear whistleblowing procedures
- clear escalation policies
- clear information sharing protocols
designated practitioners for child safeguarding - safe recruitment practices including polices on when to obtain a criminal record check
- appropriate supervision and support for staff
For details of additional responsibilities of individual organisations set out in separate statutes see Working Together to Safeguard Children 2023.
Working Together to Safeguard Children 2018 has included sports clubs/organisations in the list of organisations with additional responsibilities under different statutes. Additional responsibilities have been added for other organisations which are listed as follows:
- schools, colleges and educational providers
- early years and child care
- health and designated health professionals
- Public Health England (PHE)
- Police
- Adult Social Care Services
- Housing Services
- British Transport Police (BTP)
- Prison Service
- Probation Services
- children’s homes
- secure establishments for children
- Youth Offending Teams (YOTs)
- UK Visas and Immigration, Immigration Enforcement and Border Force
- Children and Family Court Advisory and Support Service (Cafcass)
- armed services
- Multi-Agency Public Protection Arrangements (MAPPA)
- voluntary, charity social enterprise (VCSE)
- faith based and private sector organisations
- sports clubs and organisations
People in a position of trust-managing allegations
Organisations and agencies should have working with children and families should have clear policies for dealing with allegations against people who work with children. Such policies should make a clear distinction between an allegation, a concern about the quality of care or practice for a complaint.
Employers, school governors, trustees and voluntary organisations should ensure they have clear policies in place setting out the process, including timescales for investigation. For further guidance on managing allegations and the responsibility of organisations to inform the Designated Officer see DSP Procedure and Practice Guidance for Managing Allegations against staff, carers or volunteers who work with children [PDF Document].
Duty to notify the Disclosure and Barring Service (DBS)
Organisations and agencies are reminded that irrespective of whether a referral has been made to local authority Children’s Social Care and/or the Designated Officer, it is an offence to fail to make a referral to the Disclosure and Barring Service (DBS) without good reason if an individual (paid worker or volunteer) is removed from work in regulated activity such as looking after children (or would have been removed had they not resigned first). For further information see DSP Procedure for managing allegations and concerns against staff, carers or volunteers[PDF Document].
Single agency case closure: inform other agencies involved with the child (or adult)
When a single agency closes a case involving a child (or an adult with care and support needs who resides in the same household as a child) this information should be communicated to all other agencies involved with the family. This includes agencies across Children’s and Adult’s Services where a service user is a parent.