Annex 2 – Summary of relevant legislation and guidance
The council fulfils its safeguarding responsibilities in accordance with guidance in the following key documents:
Legislation and Acts
1. Care Act 2014
The 2014 Care Act extended the definition of a vulnerable adult for safeguarding purposes, placing Adult Safeguarding boards on a statutory footing, to spearhead safeguarding activity in a local area. Under the Act local authorities must: Investigate, if it believes an adult is experiencing, or is at risk of, abuse or neglect and if so, by whom; set up safeguarding adults boards, arrange where appropriate, for an independent advocate to represent and support the adult if s/he has “substantial difficulty” in being involved in the process and where there is no other suitable person to represent and support them; co-operate with each of its relevant partners to protect the adult. In their return each relevant partner must also co-operate with the local authority.
2. Childcare Act 2006
The Childcare Register (UK) is a regulatory framework overseen by Ofsted, established under the Childcare Act 2006. It ensures that childcare providers, including childminders, nannies, and daycare providers, meet specific legal requirements to safeguard children's welfare. Providers must undergo background checks, adhere to health and safety standards, and ensure staff are trained in child protection. The register aims to ensure that children are cared for by suitable adults in a safe environment
3. Children Act 2004
The Children Act 2004 is a UK law that builds upon the Children Act 1989 to enhance child protection and welfare. It establishes the role of the Children's Commissioner and mandates local authorities to appoint directors of children's services. The Act aims to ensure that all organizations working with children have a responsibility to safeguard and promote their welfare
4. Counter-Terrorism and Security Act 2015
The Counter-Terrorism and Security Act 2015 is a UK legislation that aims to prevent and counter terrorism by imposing duties on certain public bodies, such as schools, healthcare providers, and local authorities, to actively identify and respond to the risk of radicalization. It includes provisions for the seizure of passports from individuals suspected of involvement in terrorism-related activities and for temporary exclusion orders to manage the return of British citizens involved in terrorist activities abroad. The Act emphasizes the importance of safeguarding vulnerable individuals from being drawn into terrorism and extremism.
5. The Data Protection Act
Provides a comprehensive and modern framework for data protection in the UK, with stronger sanctions for malpractice. Sets new standards for protecting general data, in accordance with the GDPR, giving people more control over use of their data, and providing them with new rights to move or delete personal data. Preserves existing tailored exemptions that have worked well in the Data Protection Act 1998, ensuring that UK businesses and organisations can continue to support world leading research, financial services, journalism and legal services. Provides a bespoke framework tailored to the needs of our criminal justice agencies and the intelligence services, to protect the rights of victims, witnesses and suspects while ensuring we can tackle the changing nature of the global threats the UK faces.
6. Disclosure and Barring Service (DBS)
The DBS searches police records and, in relevant cases, barred list information, and then issues a DBS certificate to the applicant to help them make an informed recruitment decision. The checking service currently offers two levels of DBS check; standard and enhanced. The order allows for applications to be submitted to a standard level. To qualify for the higher level of DBS check, the position must also meet one of the criteria set out in The Police Act 1997 (Criminal Records) Regulations. The DBS is committed to ensuring that they make fair, consistent and thorough barring decisions that are an appropriate response to the harm that has occurred and to the risk of harm posed. There are two main ways barring can come to them including autobars or referrals from an organisation that has a legal duty or power to make referrals to DBS when they have dismissed or removed an employee from working in regulated activity, following harm to a child or vulnerable adult or where there is a risk of harm. Additionally, where a person is cautioned or convicted of a relevant (automatic barring) offence with the right to make representations, the DBS will ask the person to submit their representations and consider them before making a final barring decision. At Tonbridge & Malling Borough Council the DBS process is managed by Human Resources who will assist with determining eligibility, the level of check required and the frequency it needs to be renewed. This will be overseen by the Council’s Management Team.
7. Domestic Abuse Act 2021
The Domestic Abuse Act 2021 is a UK law that aims to provide better protection and support for victims of domestic abuse. It creates a statutory definition of domestic abuse, recognizing it as not only physical violence but also emotional, coercive, controlling, and economic abuse. The Act establishes the office of Domestic Abuse Commissioner, introduces Domestic Abuse Protection Notices and Orders, and places a duty on local authorities to provide accommodation-based support for victims and their children
8. Equality Act 2010
The Equality Act brings together nine separate pieces of legislation into one single Act providing a new cross-cutting legislative framework to protect the rights of individuals and advance equality of opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.
9. Health and Safety at Work Act 1974
The Act applies across Great Britain (England, Scotland, and Wales), but Northern Ireland has its own separate but similar legislation. This Act gives all organisations in Great Britain a legal responsibility to prevent injuries and ill-health to employees and others, including members of the public. Much of this responsibility is delegated to managers who have control of work activities, but the legislation also provides all employees with an obligation to take reasonable care of themselves. The Borough Council also has a duty to consider the suitability of the Health & Safety arrangements for any organisation undertaking any work on our behalf.
10. Mental Capacity Act 2005
The Mental Capacity Act (MCA) 2005 covers people in England and Wales who can’t make some or all decisions for themselves. Alongside the MCA Is the MCA 2005 Code of Practice which provides guidance to anyone working with an adult who may lack capacity to make decisions for themselves.
11. Modern Slavery Act 2015
The Modern Slavery Act 2015 is a UK law designed to combat modern slavery and human trafficking. It consolidates previous offenses relating to slavery and trafficking, imposes tougher penalties for offenders, and introduces measures to support and protect victims. The Act also requires businesses to disclose steps taken to ensure that their supply chains are free from slavery and human trafficking.
12. Protection of Freedom Acts 2012
Chapter 1 of Part 5 amends the Safeguarding Vulnerable Groups Act 2006 which provides the framework for the vetting and barring scheme operated by the Independent Safeguarding Authority (ISA). In particular it changed the definition of ‘regulated activity’ and abolished the concept of ‘controlled activity’ which related to persons working (paid or unpaid) in ancillary posts or who had access to sensitive information relating to children.
13. Rehabilitation of Offenders Act (Nl) Order 1974 (UK wide)
This Act/Order allows people not to declare convictions to employers which protects their privacy and counteracts prejudice against people with convictions seeking employment. However, people who are involved in situations where they have prolonged or sustained access to children are exempt from the Rehabilitation of Offenders legislation. This means that prospective employees, self-employed workers and volunteers must declare all criminal convictions relating to children, however long ago. These will be taken into account when deciding on their suitability for working with children.
14. Sex Offenders Act 1997
The Sex Offenders Act 1997 requires sex offenders convicted or cautioned on or after 1 September 1997 to notify the police of their names and addresses and of any subsequent changes (known colloquially as the sex offenders register).
15. Sexual Offences Act 2003
The Sexual Offences Act 2003 was introduced to update the legislation relating to offences against children. It includes the offences of grooming, abuse of position of trust, trafficking, and covers offences committed by UK citizens whilst abroad. It also updates the Sex Offenders Act 1997 by strengthening the monitoring of sex offenders.
Government Guidance
1. Information Sharing: 2024
Advice for practitioners providing safeguarding services to children, young people, parents and carers Information sharing is key to the Government’s goal of delivering better, more efficient public services that are coordinated around the needs of the individual. It is essential to enable early intervention and preventative work, for safeguarding and promoting welfare and for wider public protection.
The aim of the guidance, and associated materials, therefore is to support good practice in information sharing by offering clarity on when and how information can be shared legally and professionally, in order to achieve improved outcomes.
2. Statutory Framework for the Early Years Foundation Stage (2025)
The Early Years Foundation Stage (EYFS) sets the standards that all early years providers must meet to ensure that children learn and develop well and are kept healthy and safe. The learning and development requirements (the seven areas of learning and development; the educational programmes; and the assessment requirements) and the legal requirements relating to welfare (child protection; suitable people; staff qualifications, training support and skills; key person, staff : child ratios; health; managing behaviour; safety and suitability of premises, environment & equipment, equal opportunities and information and records) apply to all children up until the 31 August after their fifth birthday.
3. What to do if you’re worried a child is being abused (March 2015)
This HM Government Guidance published in March 2015, provides advice for practitioners on identifying and responding to child abuse and neglect. It emphasizes the importance of being alert to signs of abuse, questioning behaviours, and knowing where to seek help. The guidance outlines the steps to take when referring concerns to children's social care or the police and highlights the need for a coordinated response from all relevant agencies
4. Working Together to Safeguard Children (2023)
The Department for Education (DfE) published a new edition of its statutory guidance Working together to safeguard children in December 2023.
The statutory guidance issued by the UK government aims to strengthen multi-agency working in safeguarding children. It emphasizes a child-centred approach while incorporating a whole-family focus and sets out national multi-agency child protection standards. The guidance outlines the roles and responsibilities of various organizations and agencies, including health, local authorities, police, education providers, and voluntary organizations, to ensure effective and consistent child protection practices
5. Working Together to Safeguard Children: an illustrated guide for children, young people and their families
The illustrated guide, animated video and toolkit explain to children, young people and their families how individuals, organisations and agencies work together to help, support and protect them.
Statutory Guidance - Working Together Guidance
An animated guide to Working Together to Safeguard Children for children and young people
6. Keeping Children Safe in Education (KCSIE) (September 2025)
The Keeping Children Safe in Education (KCSIE) guidance is a key document for schools and colleges in England, outlining the legal duties they must follow to safeguard and promote the welfare of children and young people under the age of eighteen. This guidance emphasizes the importance of a child-centred approach and multi-agency collaboration in safeguarding efforts.
Tonbridge and Malling Borough Council recognizes the significance of KCSIE and ensures that all relevant staff and partners are aware of and adhere to its principles. The council collaborates closely with educational institutions to support the implementation of KCSIE, ensuring that safeguarding practices are consistent and effective across all settings.
Key aspects of KCSIE include:
Safeguarding Responsibilities: All staff working in schools and colleges must understand their safeguarding responsibilities and follow the guidance provided in KCSIE.
Multi-Agency Working: The guidance highlights the importance of working together with other agencies to protect children and young people.
Child-Centred Approach: Safeguarding practices must prioritize the needs and welfare of children, ensuring their voices are heard and their rights are protected.
Kent and Medway Safeguarding Procedures
1. Kent & Medway Safeguarding Children Procedures
The Kent & Medway Safeguarding Children Procedures provide comprehensive guidelines for safeguarding children and young people in the Kent and Medway areas. These procedures are designed to support and assist partner agencies in their safeguarding work, ensuring a coordinated and effective response to child protection concerns. The procedures are regularly updated to reflect current best practices and statutory requirements, and they cover a wide range of topics, including recognizing abuse, making referrals, conducting assessments, and managing child protection plans
2. Kent and Medway Safeguarding Adults Board Policies and Procedures
The Kent and Medway Safeguarding Adults Board (KMSAB) provides comprehensive policies and procedures to protect adults at risk of abuse or neglect. Kent and Medway SAB - KMSAB Policies and Procedures
These guidelines cover various aspects of safeguarding, including recognizing and responding to abuse, managing concerns about people in positions of trust, and addressing issues such as domestic abuse, modern slavery, and self-neglect. The KMSAB ensures that all partner agencies work together effectively to promote the well-being and safety of vulnerable adults in Kent and Medway.
3. Kent Safeguarding Children Multi Agency Partnership – Guidance
This Guidance Page provides detailed guidance to ensure the safety and well-being of children in Kent. This guidance covers various safeguarding topics, including domestic abuse, online safety, child exploitation, and mental health, offering resources and procedures for professionals working with children and young people