146 Champion Equality, Diversity and Inclusion146 Champion Equality, Diversity and Inclusion
1.1
Within the child care setting there is a range of policies which formally sets out guidelines and procedures for ensuring equality. The equal opportunity policy takes account of the rights of all individuals and groups within the setting as well as considering the ways policies work to ensure equality, inclusion, policies also pay regards to the values and practice which are part of all aspect of playgroup’s life. Within the playgroup setting we ensure that all children, their families, friends, carer’s and members of staff and agencies we work in partnership with, are treated equally. Everyone should be treated with dignity and respect. There are legislations like Race Relations Act 1976, Sex Discrimination Act 1975, United Nations Convention on the Rights of the Child 1991, The Disability Discrimination Act 1995 (DDA) and The Children Act 1989/2004, codes of practice and policies and procedures within the setting which regulate equality diversity and inclusion within my area of responsibility. In my managerial role, I have to promote equality and uphold individuals equality of opportunity, individual rights and choice, their privacy, individuality, independence, dignity, respect, promote empowerment, equality of care, confidentiality and their wishes and need in practice these are carried out with individual planning, inclusion, adapting activities and specialist equipment to the individual child’s needs. Ensuring respect and diversity and accept other individual’s differences is paramount within the setting. Inclusion is about ensuring that children and young people, whatever their background or situation, are able to participate fully in all aspects of the life of the playgroup. Inclusive practices will ensure that everyone feels valued and has a sense of belonging. Inclusion is not about viewing everyone as the same or providing the same work, but about providing the same opportunities and access to a high quality of education. In an inclusive environment there is recognition, acceptance and celebration of differences and similarities.
In practice this is carried out by recognizing and celebrating diversity and cultural differences through awareness days, through themes and through resources.
1.2
Within our setting potential barriers to equality and inclusion are recognised and staff have a good understanding of individuals and groups of children so that they are aware of any difficulties the children may have in accessing the setting. Barriers are then removed or minimised – the environment is adapted, and personalised support, resources or equipment are provided. Such potential barriers are as follows:
• All activities or opportunities provided need to be appropriate to the age and level of understanding among the children in your group.
• It is important that children from minority groups are supported and not singled out in discussions about diversity and equality issues.
• Positively encourage play in areas that children might not usually be engaged.
• Ensure all adults working in and using the service understand the policy on diversity and equality.
• Ensure that children with a hearing or visual impairment can join in all activities such as storytelling and singing, art, music and movement.
• Include activities in which speech is not required for full participation, such as art, drama, music and movement.
• Predictable routines are needed for children with autistic spectrum disorders.
• Ensure that all children, including those with special educational needs, are given tasks with responsibility and that all achievements are celebrated.
• Analyse practice and procedures in the setting and remove or rectify anything that is identified as being discriminatory towards any group or individual.
• Providing equipment, materials and programme activities free of any bias that challenge stereotypes together with a commitment to challenge bias and discrimination within activities or interaction where it occurs.
• The involvement of families, inviting and encouraging support and contributions from families relating to disability, language, heritage or cultural traditions, and culture.
• Management knowledge of diversity, equality and anti-discrimination issues.
• Assess and raise the level of awareness amongst the team about diversity and equality issues and practice.
• Families and staff working together can support the development and implementation of a diversity and equality approach.
• Parents of disabled children or disabled parent(s) of non-disabled children may not have come into contact with the diversity approach informing of the organisations policy and procedure. They will need to be informed and assured of the importance of depicting all children in the setting.
• If the environment shows diverse family backgrounds, languages and cultures, families will feel welcome and the first steps will have been taken in building trust.
Having an awareness of potential barriers and ensuring we address these potential barriers can be overcome in practice.
1.3
Equality legislation changed in 2010 with the introduction of the new Equality Act (2010). This act replaced all previous anti-discrimination laws with a single piece of legislation in order to simplify the law, remove any inconsistencies and make it easier for people to understand and comply with it. It also strengthened certain aspects of the law around tackling discrimination and inequality.
The general duty has three aims and requires public sector organisations to have due regard to the need to:
• eliminate unlawful discrimination, harassment and victimisation;
• advance equality of opportunity between people from different groups; and
• foster good relations between people from different groups.
Race Relations Act (1976) and Race Relations (Amendment Act 2000)
• This Act and its Amendment makes discrimination on the grounds of race, colour, nationality (including citizenship), ethnic or national origin unlawful. It covers people from all racial groups, including white people.
• Following the Amendment (2000), it includes more public authority functions and places a general duty on public authorities to promote race equality. The new Act strengthens the 1976 Act in two main ways: It extends protection against racial discrimination by public authorities; It places a new, enforceable general duty on public authorities.
Sex Discrimination Act (1975)
This Act applies to women and men of any age, including children, and makes discrimination on the grounds of sex or marriage unlawful. However, it is not unlawful to discriminate against someone because they are not married. Victimisation, because someone has tried to exercise his or her rights under this Act, is also unlawful.
The Disability Discrimination Act 1995 (DDA)
An Act to make it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises; to make provision about the employment of disabled persons; and to establish a National Disability Council. A person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. In this Act “disabled person” means a person who has a disability.
United Nations Convention on the Rights of the Child 1991
The Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. In 1989, world leaders decided that children needed a special convention just for them because people under 18 years old often need special care and protection that adults do not. The leaders also wanted to make sure that the world recognized that children have human rights too.
The Convention sets out these rights in 54 articles and two Optional Protocols. It spells out the basic human rights that children everywhere have: the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. The four core principles of the Convention are non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child. Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every child. The Convention protects children 's rights by setting standards in health care; education; and legal, civil and social services.
The Children Act 1989/2004,
The Act was implemented for the most part on 14 October 1991, introduced comprehensive changes to legislation in England and Wales affecting the welfare of children.
The Act:
• reinforces the autonomy of families through definition of parental responsibility;
• provides for support from local authorities, in particular for families whose children are in need; and
• legislates to protect children who may be suffering or are likely to suffer significant harm.
The main aims of the Act are:
• to bring together private and public law in one framework;
• to achieve a better balance between protecting children and enabling parents to challenge state intervention;
• to encourage greater partnership between statutory authorities and parents;
• to promote the use of voluntary arrangements;
• to restructure the framework of the courts to facilitate management of family proceedings.
The main principles and provisions embodied in this legislation are that:
• the welfare of children must be the paramount consideration when the courts are making decisions about them;
• the concept of parental responsibility has replaced that of parental rights;
• children have the ability to be parties, separate from their parents, in legal proceedings;
• local authorities are charged with duties to identify children in need and to safeguard and promote their welfare;
• certain duties and powers are conferred upon local authorities to provide services for children and families;
• a checklist of factors must be considered by the courts before reaching decisions;
• orders under this Act should not be made unless it can be shown that this is better for the child than not making an order;
• delay in deciding questions concerning children is likely to prejudice their welfare.
Special Educational Needs and Disability Act 2001 (SENDA)
An Act to amend Part 4 of the Education Act 1996; to make further provision against discrimination, on grounds of disability, in schools and other educational establishments; and for connected purposes.
The Childcare Act, 2006
The Child care Act 2006 which regulates childcare in England, passed into law on 11 July 2006. This legislation replaced Part 10A of the Children Act 1989.
Measures in the act formalise the important strategic role local authorities play, through a set of duties. These duties require authorities to
• work with their NHS and Job centre Plus partners to improve the outcomes of all children up to five years of age and reduce inequalities between them
• secure sufficient childcare for working parents
• provide a parental information service
• provide information, advice and training for childcare providers.
The act also lays out registration and inspection arrangements, providing for an integrated education and care framework for the Early Years and general childcare registers. The sufficiency, information and outcomes duties came into effect on 1 April 2008 and the remaining provisions came into effect from September 2008.
Children and Families (Wales) Measure 2010on
The Measure came into force on 10 February 2010 and makes statutory provision to tackle poverty in Wales. It also makes statutory provision with regards to play and participation, child minding and daycare regulations and also Integrated Family Support Teams. The Measure requires Welsh Authorities, including Welsh Ministers and local authorities, to prepare and publish a strategy for contributing to the eradication of child poverty in Wales. The Measure reflects our understanding that in order to make faster progress on tackling child poverty, there is a need to galvanise and draw on the expertise and experience of a wide range of public bodies in Wales.
The impact legislation and policy has on the promotion of equality, diversity and inclusion within the setting is ensuring policy and procedures are written and adhered to and carried out within the setting, that staff have an awareness of legislation and policy surrounding equality, diversity and inclusion in practice.
3.1/3.2/3.3
We ensure within the setting to interpret relevant legislation and employment regulations to inform how equality and individuals’ rights and responsibilities should be promoted, and diversity valued and incorporate any changes in policy into practice with regards to equality, diversity and inclusion. We evaluate the effectiveness of our systems, policies, procedures and guidelines in promoting equality and valuing diversity which is done through reviewing policies and procedures on an annual basis. We take the appropriate actions to ensure that our systems, policies, procedures and guidelines do promote equality and value diversity, ensuring more complex needs are addressed and catered for in Individual Play Plans, plans are put in place and reviewed regularly. We actively promote equality and value diversity through displays and planning, this is achieved through planning themes and carrying out activities. We actively demonstrate by our behaviour the promotion of equality and valuing of diversity. We regularly review our organisations systems and processes through manager’s consultation meetings and improve them to address issues related to unfair and discriminatory practice. We actively support individuals whose rights have been compromised in having their complaints appropriately addressed. We actively challenge the discriminatory behaviour of individuals and institutional discrimination. We ensure within the setting to promote equality and inclusion in play and childcare where all children are included, it is vital to reach out to parents/carers and build links with community groups. Equally important are the partnerships formed with local, regional and national agencies and organisations. It develops a multi-agency approach which ensures better working relationships. Improvements to address gaps and shortfalls in systems and processes are: accommodating more complex needs which can be achieved through further training for staff and having resources available, developing the multi-agency approach further, having more cultural awareness and implementing it the setting through awareness days, tasting days, arts and craft activities, books etc. Updating relevant policy and procedure and ensuring parents/carers have an awareness of policies and procedures.
4.1
Governments worldwide promised all children the same rights by adopting the UN Convention on the Rights of the Child. These rights are based on what a child needs to survive, grow, participate and fulfil their potential. They apply equally to every child, regardless of who they are, or where they are from.
Working with children has a significant duty of care. Children who are younger and more vulnerable need greater care. The attention and vigilance of the practitioner helps to keep them safe as they develop, gives the children understanding to be able to foresee and cope with potential dangers and have an understanding that their actions may hurt and upset others, also communication to be able to talk about the harm others may be doing to them.
The duty of care contributes to the safeguarding and protection of individuals this can be carried out in a variety of ways:-
• Risk assessment both inside and outside.
• Avoiding potential hazards, which could lead to harm through accidents or spreading infections.
• Having clear instructions and set boundaries.
• Observing children and assessing their development.
• Working with parents and other professionals to aid children’s development.
• Hold a relevant Safeguarding policy.
• Have a member of staff who are SENCO trained.
Dilemmas that may arise between the duty of care and individuals rights could be staff having a difference of opinion over a child for example a staff member believing they have signs of abuse and another staff member thinking they don’t. This could lead to conflict between the child’s family/carers if staff involved other agencies such as Social Services. Dilemmas could be knowing when to get further help regarding child protection and safeguarding issues for example if you did not refer the case to social services the child might still continue to suffer abuse. Another ethical dilemma would be knowing when to break confidentiality and share information. Another possible ethical dilemma is a child not being included in the setting because of medical grounds or complex needs
4.2
The principle of informed choice is giving the child a limitation in the choice and not giving them total freedom i.e. giving the child 5 choices of play to choose from. It ensures children know boundaries and structure
4.3
The basic principle which underpins both current law and medical practice with regard issues of mental capacity, is that people should be ‘enabled and encouraged to take for themselves those decisions which they are able to take’ (Law Commission Report No.231 (1995) - para.2.46) Every child has the right to make his/her own decisions and must be assumed to have capacity to do so unless proved otherwise. In approaching the issue of capacity, the following principles should be borne in mind:
• The need to promote an individual’s autonomy and freedom by being encouraged and enabled to make their own decisions or to participate as fully as possible in decision making by being given help and support to make and express choice.
• The need for an individual to be given information in a way that facilitates their comprehension and that promotes their understanding.
• The need to be clear about the specific matter about which a person needs to make a decision.
• That the mental capacity of an individual is not a global absolute. That it is a decision specific is to say that a person may have capacity to make some decisions and not others. Some people may have more or less capacity from one day to another.
• In protecting an individual’s autonomy and freedom, professionals look for least restrictive alternatives – interventions that cause the least disruption or change in the person’s circumstances. At the same time, the right to make what might seem to be eccentric or unwise decisions must be protected.
A child’s understanding maybe limited because of disability which endeavor will lower individual capacity cause confusement and affect development further. Within the setting we will accommodate a child’s needs with Individual Play Plans, one to one support worker, resources and equipment.
4.4
There are many ways to manage risks associated when balancing individual rights and duty of care:-
• Allowing children to explore with guidance.
• Making children aware of potential hazards and dangers,
• Allowing children to acquire life skills through learning how to cope with risky situations,
• Children with additional needs still having a right to join in with support through Individual Play Plans which ensures a strategy to manage needs.
• One to one support for children with additional needs.
This is achieved through allowing each point in practice.
REFERENCES
Department for Education. (2011). Childcare Act 2006. Available: http://www.education.gov.uk/childrenandyoungpeople/earlylearningandchildcare/delivery/a0071032/childcare-act 2006 http://www.education.gov.uk/childrenandyoungpeople/earlylearningandchildcare/delivery/a. Last accessed 02/05/13.
Equality and Human Rights Commission. (2011). The Disability Discrimination Act 1995 (DDA): A Brief Explanation. Available: http://www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-service-providers-pre-october-2010/good-medical-practice-and-disability-equality/1-the-disability-discrimina. Last accessed 30/04/13.
Law Com No 231. Report on mental incapacity. 1995.
Legislation.gov.uk. (2000). Race Relations Act 1976. Available: http://www.legislation.gov.uk/ukpga/1976/74http://www.legislation.gov.uk/ukpga/1976/74. Last accessed 02/05/13.
Thomas, H. (2008). An overview of the Children Act 1989. Available: http://www.rcpsych.ac.uk/files/samplechapter/102_0.pdfhttp://www.rcpsych.ac.uk/files/samplechapter/102_0.pdf. Last accessed 02/05/13.
UK Centre for Legal ExcellenceUK Centre for Legal Excellence. (2010). SENDA: Special Educational Needs and Disability Act 2001SENDA: Special Educational Needs and Disability Act 2001. Available: http://www.ukcle.ac.uk/resources/directions/previous/issue4/senda/http://www.ukcle.ac.uk/resources/directions/previous/issue4/senda/. Last accessed 02/05/13.
UNICEF. (2001). UN Concention on the Rights of the Child. Available: http://www.unicef.org.uk/UNICEFs-Work/Our-mission/UN-Convention/http://www.unicef.org.uk/UNICEFs-Work/Our-mission/UN-Convention/. Last accessed 30/04/13.
UWIC. (2005). Sex Discrimination Act 1975 and 1986Sex Discrimination Act 1975 and 1986.Available: http://www.careandthelaw.org.uk/eng/b_section15http://www.careandthelaw.org.uk/eng/b_section15. Last accessed 30/04/13.
Welsh Government. (2013). Children and Families (Wales) Measure 2010Children and Families (Wales) Measure 2010. Available: http://wales.gov.uk/topics/childrenyoungpeople/poverty/childrenandfamilies/?lang=enhttp://wales.gov.uk/topics/childrenyoungpeople/poverty/childrenandfamilies/?lang=en. Last accessed 02/05/13.
1.1
Within the child care setting there is a range of policies which formally sets out guidelines and procedures for ensuring equality. The equal opportunity policy takes account of the rights of all individuals and groups within the setting as well as considering the ways policies work to ensure equality, inclusion, policies also pay regards to the values and practice which are part of all aspect of playgroup’s life. Within the playgroup setting we ensure that all children, their families, friends, carer’s and members of staff and agencies we work in partnership with, are treated equally. Everyone should be treated with dignity and respect. There are legislations like Race Relations Act 1976, Sex Discrimination Act 1975, United Nations Convention on the Rights of the Child 1991, The Disability Discrimination Act 1995 (DDA) and The Children Act 1989/2004, codes of practice and policies and procedures within the setting which regulate equality diversity and inclusion within my area of responsibility. In my managerial role, I have to promote equality and uphold individuals equality of opportunity, individual rights and choice, their privacy, individuality, independence, dignity, respect, promote empowerment, equality of care, confidentiality and their wishes and need in practice these are carried out with individual planning, inclusion, adapting activities and specialist equipment to the individual child’s needs. Ensuring respect and diversity and accept other individual’s differences is paramount within the setting. Inclusion is about ensuring that children and young people, whatever their background or situation, are able to participate fully in all aspects of the life of the playgroup. Inclusive practices will ensure that everyone feels valued and has a sense of belonging. Inclusion is not about viewing everyone as the same or providing the same work, but about providing the same opportunities and access to a high quality of education. In an inclusive environment there is recognition, acceptance and celebration of differences and similarities.
In practice this is carried out by recognizing and celebrating diversity and cultural differences through awareness days, through themes and through resources.
1.2
Within our setting potential barriers to equality and inclusion are recognised and staff have a good understanding of individuals and groups of children so that they are aware of any difficulties the children may have in accessing the setting. Barriers are then removed or minimised – the environment is adapted, and personalised support, resources or equipment are provided. Such potential barriers are as follows:
• All activities or opportunities provided need to be appropriate to the age and level of understanding among the children in your group.
• It is important that children from minority groups are supported and not singled out in discussions about diversity and equality issues.
• Positively encourage play in areas that children might not usually be engaged.
• Ensure all adults working in and using the service understand the policy on diversity and equality.
• Ensure that children with a hearing or visual impairment can join in all activities such as storytelling and singing, art, music and movement.
• Include activities in which speech is not required for full participation, such as art, drama, music and movement.
• Predictable routines are needed for children with autistic spectrum disorders.
• Ensure that all children, including those with special educational needs, are given tasks with responsibility and that all achievements are celebrated.
• Analyse practice and procedures in the setting and remove or rectify anything that is identified as being discriminatory towards any group or individual.
• Providing equipment, materials and programme activities free of any bias that challenge stereotypes together with a commitment to challenge bias and discrimination within activities or interaction where it occurs.
• The involvement of families, inviting and encouraging support and contributions from families relating to disability, language, heritage or cultural traditions, and culture.
• Management knowledge of diversity, equality and anti-discrimination issues.
• Assess and raise the level of awareness amongst the team about diversity and equality issues and practice.
• Families and staff working together can support the development and implementation of a diversity and equality approach.
• Parents of disabled children or disabled parent(s) of non-disabled children may not have come into contact with the diversity approach informing of the organisations policy and procedure. They will need to be informed and assured of the importance of depicting all children in the setting.
• If the environment shows diverse family backgrounds, languages and cultures, families will feel welcome and the first steps will have been taken in building trust.
Having an awareness of potential barriers and ensuring we address these potential barriers can be overcome in practice.
1.3
Equality legislation changed in 2010 with the introduction of the new Equality Act (2010). This act replaced all previous anti-discrimination laws with a single piece of legislation in order to simplify the law, remove any inconsistencies and make it easier for people to understand and comply with it. It also strengthened certain aspects of the law around tackling discrimination and inequality.
The general duty has three aims and requires public sector organisations to have due regard to the need to:
• eliminate unlawful discrimination, harassment and victimisation;
• advance equality of opportunity between people from different groups; and
• foster good relations between people from different groups.
Race Relations Act (1976) and Race Relations (Amendment Act 2000)
• This Act and its Amendment makes discrimination on the grounds of race, colour, nationality (including citizenship), ethnic or national origin unlawful. It covers people from all racial groups, including white people.
• Following the Amendment (2000), it includes more public authority functions and places a general duty on public authorities to promote race equality. The new Act strengthens the 1976 Act in two main ways: It extends protection against racial discrimination by public authorities; It places a new, enforceable general duty on public authorities.
Sex Discrimination Act (1975)
This Act applies to women and men of any age, including children, and makes discrimination on the grounds of sex or marriage unlawful. However, it is not unlawful to discriminate against someone because they are not married. Victimisation, because someone has tried to exercise his or her rights under this Act, is also unlawful.
The Disability Discrimination Act 1995 (DDA)
An Act to make it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises; to make provision about the employment of disabled persons; and to establish a National Disability Council. A person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. In this Act “disabled person” means a person who has a disability.
United Nations Convention on the Rights of the Child 1991
The Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. In 1989, world leaders decided that children needed a special convention just for them because people under 18 years old often need special care and protection that adults do not. The leaders also wanted to make sure that the world recognized that children have human rights too.
The Convention sets out these rights in 54 articles and two Optional Protocols. It spells out the basic human rights that children everywhere have: the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. The four core principles of the Convention are non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child. Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every child. The Convention protects children 's rights by setting standards in health care; education; and legal, civil and social services.
The Children Act 1989/2004,
The Act was implemented for the most part on 14 October 1991, introduced comprehensive changes to legislation in England and Wales affecting the welfare of children.
The Act:
• reinforces the autonomy of families through definition of parental responsibility;
• provides for support from local authorities, in particular for families whose children are in need; and
• legislates to protect children who may be suffering or are likely to suffer significant harm.
The main aims of the Act are:
• to bring together private and public law in one framework;
• to achieve a better balance between protecting children and enabling parents to challenge state intervention;
• to encourage greater partnership between statutory authorities and parents;
• to promote the use of voluntary arrangements;
• to restructure the framework of the courts to facilitate management of family proceedings.
The main principles and provisions embodied in this legislation are that:
• the welfare of children must be the paramount consideration when the courts are making decisions about them;
• the concept of parental responsibility has replaced that of parental rights;
• children have the ability to be parties, separate from their parents, in legal proceedings;
• local authorities are charged with duties to identify children in need and to safeguard and promote their welfare;
• certain duties and powers are conferred upon local authorities to provide services for children and families;
• a checklist of factors must be considered by the courts before reaching decisions;
• orders under this Act should not be made unless it can be shown that this is better for the child than not making an order;
• delay in deciding questions concerning children is likely to prejudice their welfare.
Special Educational Needs and Disability Act 2001 (SENDA)
An Act to amend Part 4 of the Education Act 1996; to make further provision against discrimination, on grounds of disability, in schools and other educational establishments; and for connected purposes.
The Childcare Act, 2006
The Child care Act 2006 which regulates childcare in England, passed into law on 11 July 2006. This legislation replaced Part 10A of the Children Act 1989.
Measures in the act formalise the important strategic role local authorities play, through a set of duties. These duties require authorities to
• work with their NHS and Job centre Plus partners to improve the outcomes of all children up to five years of age and reduce inequalities between them
• secure sufficient childcare for working parents
• provide a parental information service
• provide information, advice and training for childcare providers.
The act also lays out registration and inspection arrangements, providing for an integrated education and care framework for the Early Years and general childcare registers. The sufficiency, information and outcomes duties came into effect on 1 April 2008 and the remaining provisions came into effect from September 2008.
Children and Families (Wales) Measure 2010on
The Measure came into force on 10 February 2010 and makes statutory provision to tackle poverty in Wales. It also makes statutory provision with regards to play and participation, child minding and daycare regulations and also Integrated Family Support Teams. The Measure requires Welsh Authorities, including Welsh Ministers and local authorities, to prepare and publish a strategy for contributing to the eradication of child poverty in Wales. The Measure reflects our understanding that in order to make faster progress on tackling child poverty, there is a need to galvanise and draw on the expertise and experience of a wide range of public bodies in Wales.
The impact legislation and policy has on the promotion of equality, diversity and inclusion within the setting is ensuring policy and procedures are written and adhered to and carried out within the setting, that staff have an awareness of legislation and policy surrounding equality, diversity and inclusion in practice.
3.1/3.2/3.3
We ensure within the setting to interpret relevant legislation and employment regulations to inform how equality and individuals’ rights and responsibilities should be promoted, and diversity valued and incorporate any changes in policy into practice with regards to equality, diversity and inclusion. We evaluate the effectiveness of our systems, policies, procedures and guidelines in promoting equality and valuing diversity which is done through reviewing policies and procedures on an annual basis. We take the appropriate actions to ensure that our systems, policies, procedures and guidelines do promote equality and value diversity, ensuring more complex needs are addressed and catered for in Individual Play Plans, plans are put in place and reviewed regularly. We actively promote equality and value diversity through displays and planning, this is achieved through planning themes and carrying out activities. We actively demonstrate by our behaviour the promotion of equality and valuing of diversity. We regularly review our organisations systems and processes through manager’s consultation meetings and improve them to address issues related to unfair and discriminatory practice. We actively support individuals whose rights have been compromised in having their complaints appropriately addressed. We actively challenge the discriminatory behaviour of individuals and institutional discrimination. We ensure within the setting to promote equality and inclusion in play and childcare where all children are included, it is vital to reach out to parents/carers and build links with community groups. Equally important are the partnerships formed with local, regional and national agencies and organisations. It develops a multi-agency approach which ensures better working relationships. Improvements to address gaps and shortfalls in systems and processes are: accommodating more complex needs which can be achieved through further training for staff and having resources available, developing the multi-agency approach further, having more cultural awareness and implementing it the setting through awareness days, tasting days, arts and craft activities, books etc. Updating relevant policy and procedure and ensuring parents/carers have an awareness of policies and procedures.
4.1
Governments worldwide promised all children the same rights by adopting the UN Convention on the Rights of the Child. These rights are based on what a child needs to survive, grow, participate and fulfil their potential. They apply equally to every child, regardless of who they are, or where they are from.
Working with children has a significant duty of care. Children who are younger and more vulnerable need greater care. The attention and vigilance of the practitioner helps to keep them safe as they develop, gives the children understanding to be able to foresee and cope with potential dangers and have an understanding that their actions may hurt and upset others, also communication to be able to talk about the harm others may be doing to them.
The duty of care contributes to the safeguarding and protection of individuals this can be carried out in a variety of ways:-
• Risk assessment both inside and outside.
• Avoiding potential hazards, which could lead to harm through accidents or spreading infections.
• Having clear instructions and set boundaries.
• Observing children and assessing their development.
• Working with parents and other professionals to aid children’s development.
• Hold a relevant Safeguarding policy.
• Have a member of staff who are SENCO trained.
Dilemmas that may arise between the duty of care and individuals rights could be staff having a difference of opinion over a child for example a staff member believing they have signs of abuse and another staff member thinking they don’t. This could lead to conflict between the child’s family/carers if staff involved other agencies such as Social Services. Dilemmas could be knowing when to get further help regarding child protection and safeguarding issues for example if you did not refer the case to social services the child might still continue to suffer abuse. Another ethical dilemma would be knowing when to break confidentiality and share information. Another possible ethical dilemma is a child not being included in the setting because of medical grounds or complex needs
4.2
The principle of informed choice is giving the child a limitation in the choice and not giving them total freedom i.e. giving the child 5 choices of play to choose from. It ensures children know boundaries and structure
4.3
The basic principle which underpins both current law and medical practice with regard issues of mental capacity, is that people should be ‘enabled and encouraged to take for themselves those decisions which they are able to take’ (Law Commission Report No.231 (1995) - para.2.46) Every child has the right to make his/her own decisions and must be assumed to have capacity to do so unless proved otherwise. In approaching the issue of capacity, the following principles should be borne in mind:
• The need to promote an individual’s autonomy and freedom by being encouraged and enabled to make their own decisions or to participate as fully as possible in decision making by being given help and support to make and express choice.
• The need for an individual to be given information in a way that facilitates their comprehension and that promotes their understanding.
• The need to be clear about the specific matter about which a person needs to make a decision.
• That the mental capacity of an individual is not a global absolute. That it is a decision specific is to say that a person may have capacity to make some decisions and not others. Some people may have more or less capacity from one day to another.
• In protecting an individual’s autonomy and freedom, professionals look for least restrictive alternatives – interventions that cause the least disruption or change in the person’s circumstances. At the same time, the right to make what might seem to be eccentric or unwise decisions must be protected.
A child’s understanding maybe limited because of disability which endeavor will lower individual capacity cause confusement and affect development further. Within the setting we will accommodate a child’s needs with Individual Play Plans, one to one support worker, resources and equipment.
4.4
There are many ways to manage risks associated when balancing individual rights and duty of care:-
• Allowing children to explore with guidance.
• Making children aware of potential hazards and dangers,
• Allowing children to acquire life skills through learning how to cope with risky situations,
• Children with additional needs still having a right to join in with support through Individual Play Plans which ensures a strategy to manage needs.
• One to one support for children with additional needs.
This is achieved through allowing each point in practice.
REFERENCES
Department for Education. (2011). Childcare Act 2006. Available: http://www.education.gov.uk/childrenandyoungpeople/earlylearningandchildcare/delivery/a0071032/childcare-act 2006 http://www.education.gov.uk/childrenandyoungpeople/earlylearningandchildcare/delivery/a. Last accessed 02/05/13.
Equality and Human Rights Commission. (2011). The Disability Discrimination Act 1995 (DDA): A Brief Explanation. Available: http://www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-service-providers-pre-october-2010/good-medical-practice-and-disability-equality/1-the-disability-discrimina. Last accessed 30/04/13.
Law Com No 231. Report on mental incapacity. 1995.
Legislation.gov.uk. (2000). Race Relations Act 1976. Available: http://www.legislation.gov.uk/ukpga/1976/74http://www.legislation.gov.uk/ukpga/1976/74. Last accessed 02/05/13.
Thomas, H. (2008). An overview of the Children Act 1989. Available: http://www.rcpsych.ac.uk/files/samplechapter/102_0.pdfhttp://www.rcpsych.ac.uk/files/samplechapter/102_0.pdf. Last accessed 02/05/13.
UK Centre for Legal ExcellenceUK Centre for Legal Excellence. (2010). SENDA: Special Educational Needs and Disability Act 2001SENDA: Special Educational Needs and Disability Act 2001. Available: http://www.ukcle.ac.uk/resources/directions/previous/issue4/senda/http://www.ukcle.ac.uk/resources/directions/previous/issue4/senda/. Last accessed 02/05/13.
UNICEF. (2001). UN Concention on the Rights of the Child. Available: http://www.unicef.org.uk/UNICEFs-Work/Our-mission/UN-Convention/http://www.unicef.org.uk/UNICEFs-Work/Our-mission/UN-Convention/. Last accessed 30/04/13.
UWIC. (2005). Sex Discrimination Act 1975 and 1986Sex Discrimination Act 1975 and 1986.Available: http://www.careandthelaw.org.uk/eng/b_section15http://www.careandthelaw.org.uk/eng/b_section15. Last accessed 30/04/13.
Welsh Government. (2013). Children and Families (Wales) Measure 2010Children and Families (Wales) Measure 2010. Available: http://wales.gov.uk/topics/childrenyoungpeople/poverty/childrenandfamilies/?lang=enhttp://wales.gov.uk/topics/childrenyoungpeople/poverty/childrenandfamilies/?lang=en. Last accessed 02/05/13.
References: Department for Education. (2011). Childcare Act 2006. Available: http://www.education.gov.uk/childrenandyoungpeople/earlylearningandchildcare/delivery/a0071032/childcare-act 2006 http://www.education.gov.uk/childrenandyoungpeople/earlylearningandchildcare/delivery/a. Last accessed 02/05/13. Equality and Human Rights Commission. (2011). The Disability Discrimination Act 1995 (DDA): A Brief Explanation. Available: http://www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-service-providers-pre-october-2010/good-medical-practice-and-disability-equality/1-the-disability-discrimina. Last accessed 30/04/13. Law Com No 231. Report on mental incapacity. 1995. Legislation.gov.uk. (2000). Race Relations Act 1976. Available: http://www.legislation.gov.uk/ukpga/1976/74http://www.legislation.gov.uk/ukpga/1976/74. Last accessed 02/05/13. Thomas, H. (2008). An overview of the Children Act 1989. Available: http://www.rcpsych.ac.uk/files/samplechapter/102_0.pdfhttp://www.rcpsych.ac.uk/files/samplechapter/102_0.pdf. Last accessed 02/05/13. UK Centre for Legal ExcellenceUK Centre for Legal Excellence. (2010). SENDA: Special Educational Needs and Disability Act 2001SENDA: Special Educational Needs and Disability Act 2001. Available: http://www.ukcle.ac.uk/resources/directions/previous/issue4/senda/http://www.ukcle.ac.uk/resources/directions/previous/issue4/senda/. Last accessed 02/05/13. UNICEF. (2001). UN Concention on the Rights of the Child. Available: http://www.unicef.org.uk/UNICEFs-Work/Our-mission/UN-Convention/http://www.unicef.org.uk/UNICEFs-Work/Our-mission/UN-Convention/. Last accessed 30/04/13. UWIC. (2005). Sex Discrimination Act 1975 and 1986Sex Discrimination Act 1975 and 1986.Available: http://www.careandthelaw.org.uk/eng/b_section15http://www.careandthelaw.org.uk/eng/b_section15. Last accessed 30/04/13. Welsh Government. (2013). Children and Families (Wales) Measure 2010Children and Families (Wales) Measure 2010. Available: http://wales.gov.uk/topics/childrenyoungpeople/poverty/childrenandfamilies/?lang=enhttp://wales.gov.uk/topics/childrenyoungpeople/poverty/childrenandfamilies/?lang=en. Last accessed 02/05/13.
Within the child care setting there is a range of policies which formally sets out guidelines and procedures for ensuring equality. The equal opportunity policy takes account of the rights of all individuals and groups within the setting as well as considering the ways policies work to ensure equality, inclusion, policies also pay regards to the values and practice which are part of all aspect of playgroup’s life. Within the playgroup setting we ensure that all children, their families, friends, carer’s and members of staff and agencies we work in partnership with, are treated equally. Everyone should be treated with dignity and respect. There are legislations like Race Relations Act 1976, Sex Discrimination Act 1975, United Nations Convention on the Rights of the Child 1991, The Disability Discrimination Act 1995 (DDA) and The Children Act 1989/2004, codes of practice and policies and procedures within the setting which regulate equality diversity and inclusion within my area of responsibility. In my managerial role, I have to promote equality and uphold individuals equality of opportunity, individual rights and choice, their privacy, individuality, independence, dignity, respect, promote empowerment, equality of care, confidentiality and their wishes and need in practice these are carried out with individual planning, inclusion, adapting activities and specialist equipment to the individual child’s needs. Ensuring respect and diversity and accept other individual’s differences is paramount within the setting. Inclusion is about ensuring that children and young people, whatever their background or situation, are able to participate fully in all aspects of the life of the playgroup. Inclusive practices will ensure that everyone feels valued and has a sense of belonging. Inclusion is not about viewing everyone as the same or providing the same work, but about providing the same opportunities and access to a high quality of education. In an inclusive environment there is recognition, acceptance and celebration of differences and similarities.
In practice this is carried out by recognizing and celebrating diversity and cultural differences through awareness days, through themes and through resources.
1.2
Within our setting potential barriers to equality and inclusion are recognised and staff have a good understanding of individuals and groups of children so that they are aware of any difficulties the children may have in accessing the setting. Barriers are then removed or minimised – the environment is adapted, and personalised support, resources or equipment are provided. Such potential barriers are as follows:
• All activities or opportunities provided need to be appropriate to the age and level of understanding among the children in your group.
• It is important that children from minority groups are supported and not singled out in discussions about diversity and equality issues.
• Positively encourage play in areas that children might not usually be engaged.
• Ensure all adults working in and using the service understand the policy on diversity and equality.
• Ensure that children with a hearing or visual impairment can join in all activities such as storytelling and singing, art, music and movement.
• Include activities in which speech is not required for full participation, such as art, drama, music and movement.
• Predictable routines are needed for children with autistic spectrum disorders.
• Ensure that all children, including those with special educational needs, are given tasks with responsibility and that all achievements are celebrated.
• Analyse practice and procedures in the setting and remove or rectify anything that is identified as being discriminatory towards any group or individual.
• Providing equipment, materials and programme activities free of any bias that challenge stereotypes together with a commitment to challenge bias and discrimination within activities or interaction where it occurs.
• The involvement of families, inviting and encouraging support and contributions from families relating to disability, language, heritage or cultural traditions, and culture.
• Management knowledge of diversity, equality and anti-discrimination issues.
• Assess and raise the level of awareness amongst the team about diversity and equality issues and practice.
• Families and staff working together can support the development and implementation of a diversity and equality approach.
• Parents of disabled children or disabled parent(s) of non-disabled children may not have come into contact with the diversity approach informing of the organisations policy and procedure. They will need to be informed and assured of the importance of depicting all children in the setting.
• If the environment shows diverse family backgrounds, languages and cultures, families will feel welcome and the first steps will have been taken in building trust.
Having an awareness of potential barriers and ensuring we address these potential barriers can be overcome in practice.
1.3
Equality legislation changed in 2010 with the introduction of the new Equality Act (2010). This act replaced all previous anti-discrimination laws with a single piece of legislation in order to simplify the law, remove any inconsistencies and make it easier for people to understand and comply with it. It also strengthened certain aspects of the law around tackling discrimination and inequality.
The general duty has three aims and requires public sector organisations to have due regard to the need to:
• eliminate unlawful discrimination, harassment and victimisation;
• advance equality of opportunity between people from different groups; and
• foster good relations between people from different groups.
Race Relations Act (1976) and Race Relations (Amendment Act 2000)
• This Act and its Amendment makes discrimination on the grounds of race, colour, nationality (including citizenship), ethnic or national origin unlawful. It covers people from all racial groups, including white people.
• Following the Amendment (2000), it includes more public authority functions and places a general duty on public authorities to promote race equality. The new Act strengthens the 1976 Act in two main ways: It extends protection against racial discrimination by public authorities; It places a new, enforceable general duty on public authorities.
Sex Discrimination Act (1975)
This Act applies to women and men of any age, including children, and makes discrimination on the grounds of sex or marriage unlawful. However, it is not unlawful to discriminate against someone because they are not married. Victimisation, because someone has tried to exercise his or her rights under this Act, is also unlawful.
The Disability Discrimination Act 1995 (DDA)
An Act to make it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises; to make provision about the employment of disabled persons; and to establish a National Disability Council. A person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. In this Act “disabled person” means a person who has a disability.
United Nations Convention on the Rights of the Child 1991
The Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. In 1989, world leaders decided that children needed a special convention just for them because people under 18 years old often need special care and protection that adults do not. The leaders also wanted to make sure that the world recognized that children have human rights too.
The Convention sets out these rights in 54 articles and two Optional Protocols. It spells out the basic human rights that children everywhere have: the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. The four core principles of the Convention are non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child. Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every child. The Convention protects children 's rights by setting standards in health care; education; and legal, civil and social services.
The Children Act 1989/2004,
The Act was implemented for the most part on 14 October 1991, introduced comprehensive changes to legislation in England and Wales affecting the welfare of children.
The Act:
• reinforces the autonomy of families through definition of parental responsibility;
• provides for support from local authorities, in particular for families whose children are in need; and
• legislates to protect children who may be suffering or are likely to suffer significant harm.
The main aims of the Act are:
• to bring together private and public law in one framework;
• to achieve a better balance between protecting children and enabling parents to challenge state intervention;
• to encourage greater partnership between statutory authorities and parents;
• to promote the use of voluntary arrangements;
• to restructure the framework of the courts to facilitate management of family proceedings.
The main principles and provisions embodied in this legislation are that:
• the welfare of children must be the paramount consideration when the courts are making decisions about them;
• the concept of parental responsibility has replaced that of parental rights;
• children have the ability to be parties, separate from their parents, in legal proceedings;
• local authorities are charged with duties to identify children in need and to safeguard and promote their welfare;
• certain duties and powers are conferred upon local authorities to provide services for children and families;
• a checklist of factors must be considered by the courts before reaching decisions;
• orders under this Act should not be made unless it can be shown that this is better for the child than not making an order;
• delay in deciding questions concerning children is likely to prejudice their welfare.
Special Educational Needs and Disability Act 2001 (SENDA)
An Act to amend Part 4 of the Education Act 1996; to make further provision against discrimination, on grounds of disability, in schools and other educational establishments; and for connected purposes.
The Childcare Act, 2006
The Child care Act 2006 which regulates childcare in England, passed into law on 11 July 2006. This legislation replaced Part 10A of the Children Act 1989.
Measures in the act formalise the important strategic role local authorities play, through a set of duties. These duties require authorities to
• work with their NHS and Job centre Plus partners to improve the outcomes of all children up to five years of age and reduce inequalities between them
• secure sufficient childcare for working parents
• provide a parental information service
• provide information, advice and training for childcare providers.
The act also lays out registration and inspection arrangements, providing for an integrated education and care framework for the Early Years and general childcare registers. The sufficiency, information and outcomes duties came into effect on 1 April 2008 and the remaining provisions came into effect from September 2008.
Children and Families (Wales) Measure 2010on
The Measure came into force on 10 February 2010 and makes statutory provision to tackle poverty in Wales. It also makes statutory provision with regards to play and participation, child minding and daycare regulations and also Integrated Family Support Teams. The Measure requires Welsh Authorities, including Welsh Ministers and local authorities, to prepare and publish a strategy for contributing to the eradication of child poverty in Wales. The Measure reflects our understanding that in order to make faster progress on tackling child poverty, there is a need to galvanise and draw on the expertise and experience of a wide range of public bodies in Wales.
The impact legislation and policy has on the promotion of equality, diversity and inclusion within the setting is ensuring policy and procedures are written and adhered to and carried out within the setting, that staff have an awareness of legislation and policy surrounding equality, diversity and inclusion in practice.
3.1/3.2/3.3
We ensure within the setting to interpret relevant legislation and employment regulations to inform how equality and individuals’ rights and responsibilities should be promoted, and diversity valued and incorporate any changes in policy into practice with regards to equality, diversity and inclusion. We evaluate the effectiveness of our systems, policies, procedures and guidelines in promoting equality and valuing diversity which is done through reviewing policies and procedures on an annual basis. We take the appropriate actions to ensure that our systems, policies, procedures and guidelines do promote equality and value diversity, ensuring more complex needs are addressed and catered for in Individual Play Plans, plans are put in place and reviewed regularly. We actively promote equality and value diversity through displays and planning, this is achieved through planning themes and carrying out activities. We actively demonstrate by our behaviour the promotion of equality and valuing of diversity. We regularly review our organisations systems and processes through manager’s consultation meetings and improve them to address issues related to unfair and discriminatory practice. We actively support individuals whose rights have been compromised in having their complaints appropriately addressed. We actively challenge the discriminatory behaviour of individuals and institutional discrimination. We ensure within the setting to promote equality and inclusion in play and childcare where all children are included, it is vital to reach out to parents/carers and build links with community groups. Equally important are the partnerships formed with local, regional and national agencies and organisations. It develops a multi-agency approach which ensures better working relationships. Improvements to address gaps and shortfalls in systems and processes are: accommodating more complex needs which can be achieved through further training for staff and having resources available, developing the multi-agency approach further, having more cultural awareness and implementing it the setting through awareness days, tasting days, arts and craft activities, books etc. Updating relevant policy and procedure and ensuring parents/carers have an awareness of policies and procedures.
4.1
Governments worldwide promised all children the same rights by adopting the UN Convention on the Rights of the Child. These rights are based on what a child needs to survive, grow, participate and fulfil their potential. They apply equally to every child, regardless of who they are, or where they are from.
Working with children has a significant duty of care. Children who are younger and more vulnerable need greater care. The attention and vigilance of the practitioner helps to keep them safe as they develop, gives the children understanding to be able to foresee and cope with potential dangers and have an understanding that their actions may hurt and upset others, also communication to be able to talk about the harm others may be doing to them.
The duty of care contributes to the safeguarding and protection of individuals this can be carried out in a variety of ways:-
• Risk assessment both inside and outside.
• Avoiding potential hazards, which could lead to harm through accidents or spreading infections.
• Having clear instructions and set boundaries.
• Observing children and assessing their development.
• Working with parents and other professionals to aid children’s development.
• Hold a relevant Safeguarding policy.
• Have a member of staff who are SENCO trained.
Dilemmas that may arise between the duty of care and individuals rights could be staff having a difference of opinion over a child for example a staff member believing they have signs of abuse and another staff member thinking they don’t. This could lead to conflict between the child’s family/carers if staff involved other agencies such as Social Services. Dilemmas could be knowing when to get further help regarding child protection and safeguarding issues for example if you did not refer the case to social services the child might still continue to suffer abuse. Another ethical dilemma would be knowing when to break confidentiality and share information. Another possible ethical dilemma is a child not being included in the setting because of medical grounds or complex needs
4.2
The principle of informed choice is giving the child a limitation in the choice and not giving them total freedom i.e. giving the child 5 choices of play to choose from. It ensures children know boundaries and structure
4.3
The basic principle which underpins both current law and medical practice with regard issues of mental capacity, is that people should be ‘enabled and encouraged to take for themselves those decisions which they are able to take’ (Law Commission Report No.231 (1995) - para.2.46) Every child has the right to make his/her own decisions and must be assumed to have capacity to do so unless proved otherwise. In approaching the issue of capacity, the following principles should be borne in mind:
• The need to promote an individual’s autonomy and freedom by being encouraged and enabled to make their own decisions or to participate as fully as possible in decision making by being given help and support to make and express choice.
• The need for an individual to be given information in a way that facilitates their comprehension and that promotes their understanding.
• The need to be clear about the specific matter about which a person needs to make a decision.
• That the mental capacity of an individual is not a global absolute. That it is a decision specific is to say that a person may have capacity to make some decisions and not others. Some people may have more or less capacity from one day to another.
• In protecting an individual’s autonomy and freedom, professionals look for least restrictive alternatives – interventions that cause the least disruption or change in the person’s circumstances. At the same time, the right to make what might seem to be eccentric or unwise decisions must be protected.
A child’s understanding maybe limited because of disability which endeavor will lower individual capacity cause confusement and affect development further. Within the setting we will accommodate a child’s needs with Individual Play Plans, one to one support worker, resources and equipment.
4.4
There are many ways to manage risks associated when balancing individual rights and duty of care:-
• Allowing children to explore with guidance.
• Making children aware of potential hazards and dangers,
• Allowing children to acquire life skills through learning how to cope with risky situations,
• Children with additional needs still having a right to join in with support through Individual Play Plans which ensures a strategy to manage needs.
• One to one support for children with additional needs.
This is achieved through allowing each point in practice.
REFERENCES
Department for Education. (2011). Childcare Act 2006. Available: http://www.education.gov.uk/childrenandyoungpeople/earlylearningandchildcare/delivery/a0071032/childcare-act 2006 http://www.education.gov.uk/childrenandyoungpeople/earlylearningandchildcare/delivery/a. Last accessed 02/05/13.
Equality and Human Rights Commission. (2011). The Disability Discrimination Act 1995 (DDA): A Brief Explanation. Available: http://www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-service-providers-pre-october-2010/good-medical-practice-and-disability-equality/1-the-disability-discrimina. Last accessed 30/04/13.
Law Com No 231. Report on mental incapacity. 1995.
Legislation.gov.uk. (2000). Race Relations Act 1976. Available: http://www.legislation.gov.uk/ukpga/1976/74http://www.legislation.gov.uk/ukpga/1976/74. Last accessed 02/05/13.
Thomas, H. (2008). An overview of the Children Act 1989. Available: http://www.rcpsych.ac.uk/files/samplechapter/102_0.pdfhttp://www.rcpsych.ac.uk/files/samplechapter/102_0.pdf. Last accessed 02/05/13.
UK Centre for Legal ExcellenceUK Centre for Legal Excellence. (2010). SENDA: Special Educational Needs and Disability Act 2001SENDA: Special Educational Needs and Disability Act 2001. Available: http://www.ukcle.ac.uk/resources/directions/previous/issue4/senda/http://www.ukcle.ac.uk/resources/directions/previous/issue4/senda/. Last accessed 02/05/13.
UNICEF. (2001). UN Concention on the Rights of the Child. Available: http://www.unicef.org.uk/UNICEFs-Work/Our-mission/UN-Convention/http://www.unicef.org.uk/UNICEFs-Work/Our-mission/UN-Convention/. Last accessed 30/04/13.
UWIC. (2005). Sex Discrimination Act 1975 and 1986Sex Discrimination Act 1975 and 1986.Available: http://www.careandthelaw.org.uk/eng/b_section15http://www.careandthelaw.org.uk/eng/b_section15. Last accessed 30/04/13.
Welsh Government. (2013). Children and Families (Wales) Measure 2010Children and Families (Wales) Measure 2010. Available: http://wales.gov.uk/topics/childrenyoungpeople/poverty/childrenandfamilies/?lang=enhttp://wales.gov.uk/topics/childrenyoungpeople/poverty/childrenandfamilies/?lang=en. Last accessed 02/05/13.
1.1
Within the child care setting there is a range of policies which formally sets out guidelines and procedures for ensuring equality. The equal opportunity policy takes account of the rights of all individuals and groups within the setting as well as considering the ways policies work to ensure equality, inclusion, policies also pay regards to the values and practice which are part of all aspect of playgroup’s life. Within the playgroup setting we ensure that all children, their families, friends, carer’s and members of staff and agencies we work in partnership with, are treated equally. Everyone should be treated with dignity and respect. There are legislations like Race Relations Act 1976, Sex Discrimination Act 1975, United Nations Convention on the Rights of the Child 1991, The Disability Discrimination Act 1995 (DDA) and The Children Act 1989/2004, codes of practice and policies and procedures within the setting which regulate equality diversity and inclusion within my area of responsibility. In my managerial role, I have to promote equality and uphold individuals equality of opportunity, individual rights and choice, their privacy, individuality, independence, dignity, respect, promote empowerment, equality of care, confidentiality and their wishes and need in practice these are carried out with individual planning, inclusion, adapting activities and specialist equipment to the individual child’s needs. Ensuring respect and diversity and accept other individual’s differences is paramount within the setting. Inclusion is about ensuring that children and young people, whatever their background or situation, are able to participate fully in all aspects of the life of the playgroup. Inclusive practices will ensure that everyone feels valued and has a sense of belonging. Inclusion is not about viewing everyone as the same or providing the same work, but about providing the same opportunities and access to a high quality of education. In an inclusive environment there is recognition, acceptance and celebration of differences and similarities.
In practice this is carried out by recognizing and celebrating diversity and cultural differences through awareness days, through themes and through resources.
1.2
Within our setting potential barriers to equality and inclusion are recognised and staff have a good understanding of individuals and groups of children so that they are aware of any difficulties the children may have in accessing the setting. Barriers are then removed or minimised – the environment is adapted, and personalised support, resources or equipment are provided. Such potential barriers are as follows:
• All activities or opportunities provided need to be appropriate to the age and level of understanding among the children in your group.
• It is important that children from minority groups are supported and not singled out in discussions about diversity and equality issues.
• Positively encourage play in areas that children might not usually be engaged.
• Ensure all adults working in and using the service understand the policy on diversity and equality.
• Ensure that children with a hearing or visual impairment can join in all activities such as storytelling and singing, art, music and movement.
• Include activities in which speech is not required for full participation, such as art, drama, music and movement.
• Predictable routines are needed for children with autistic spectrum disorders.
• Ensure that all children, including those with special educational needs, are given tasks with responsibility and that all achievements are celebrated.
• Analyse practice and procedures in the setting and remove or rectify anything that is identified as being discriminatory towards any group or individual.
• Providing equipment, materials and programme activities free of any bias that challenge stereotypes together with a commitment to challenge bias and discrimination within activities or interaction where it occurs.
• The involvement of families, inviting and encouraging support and contributions from families relating to disability, language, heritage or cultural traditions, and culture.
• Management knowledge of diversity, equality and anti-discrimination issues.
• Assess and raise the level of awareness amongst the team about diversity and equality issues and practice.
• Families and staff working together can support the development and implementation of a diversity and equality approach.
• Parents of disabled children or disabled parent(s) of non-disabled children may not have come into contact with the diversity approach informing of the organisations policy and procedure. They will need to be informed and assured of the importance of depicting all children in the setting.
• If the environment shows diverse family backgrounds, languages and cultures, families will feel welcome and the first steps will have been taken in building trust.
Having an awareness of potential barriers and ensuring we address these potential barriers can be overcome in practice.
1.3
Equality legislation changed in 2010 with the introduction of the new Equality Act (2010). This act replaced all previous anti-discrimination laws with a single piece of legislation in order to simplify the law, remove any inconsistencies and make it easier for people to understand and comply with it. It also strengthened certain aspects of the law around tackling discrimination and inequality.
The general duty has three aims and requires public sector organisations to have due regard to the need to:
• eliminate unlawful discrimination, harassment and victimisation;
• advance equality of opportunity between people from different groups; and
• foster good relations between people from different groups.
Race Relations Act (1976) and Race Relations (Amendment Act 2000)
• This Act and its Amendment makes discrimination on the grounds of race, colour, nationality (including citizenship), ethnic or national origin unlawful. It covers people from all racial groups, including white people.
• Following the Amendment (2000), it includes more public authority functions and places a general duty on public authorities to promote race equality. The new Act strengthens the 1976 Act in two main ways: It extends protection against racial discrimination by public authorities; It places a new, enforceable general duty on public authorities.
Sex Discrimination Act (1975)
This Act applies to women and men of any age, including children, and makes discrimination on the grounds of sex or marriage unlawful. However, it is not unlawful to discriminate against someone because they are not married. Victimisation, because someone has tried to exercise his or her rights under this Act, is also unlawful.
The Disability Discrimination Act 1995 (DDA)
An Act to make it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises; to make provision about the employment of disabled persons; and to establish a National Disability Council. A person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. In this Act “disabled person” means a person who has a disability.
United Nations Convention on the Rights of the Child 1991
The Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. In 1989, world leaders decided that children needed a special convention just for them because people under 18 years old often need special care and protection that adults do not. The leaders also wanted to make sure that the world recognized that children have human rights too.
The Convention sets out these rights in 54 articles and two Optional Protocols. It spells out the basic human rights that children everywhere have: the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. The four core principles of the Convention are non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child. Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every child. The Convention protects children 's rights by setting standards in health care; education; and legal, civil and social services.
The Children Act 1989/2004,
The Act was implemented for the most part on 14 October 1991, introduced comprehensive changes to legislation in England and Wales affecting the welfare of children.
The Act:
• reinforces the autonomy of families through definition of parental responsibility;
• provides for support from local authorities, in particular for families whose children are in need; and
• legislates to protect children who may be suffering or are likely to suffer significant harm.
The main aims of the Act are:
• to bring together private and public law in one framework;
• to achieve a better balance between protecting children and enabling parents to challenge state intervention;
• to encourage greater partnership between statutory authorities and parents;
• to promote the use of voluntary arrangements;
• to restructure the framework of the courts to facilitate management of family proceedings.
The main principles and provisions embodied in this legislation are that:
• the welfare of children must be the paramount consideration when the courts are making decisions about them;
• the concept of parental responsibility has replaced that of parental rights;
• children have the ability to be parties, separate from their parents, in legal proceedings;
• local authorities are charged with duties to identify children in need and to safeguard and promote their welfare;
• certain duties and powers are conferred upon local authorities to provide services for children and families;
• a checklist of factors must be considered by the courts before reaching decisions;
• orders under this Act should not be made unless it can be shown that this is better for the child than not making an order;
• delay in deciding questions concerning children is likely to prejudice their welfare.
Special Educational Needs and Disability Act 2001 (SENDA)
An Act to amend Part 4 of the Education Act 1996; to make further provision against discrimination, on grounds of disability, in schools and other educational establishments; and for connected purposes.
The Childcare Act, 2006
The Child care Act 2006 which regulates childcare in England, passed into law on 11 July 2006. This legislation replaced Part 10A of the Children Act 1989.
Measures in the act formalise the important strategic role local authorities play, through a set of duties. These duties require authorities to
• work with their NHS and Job centre Plus partners to improve the outcomes of all children up to five years of age and reduce inequalities between them
• secure sufficient childcare for working parents
• provide a parental information service
• provide information, advice and training for childcare providers.
The act also lays out registration and inspection arrangements, providing for an integrated education and care framework for the Early Years and general childcare registers. The sufficiency, information and outcomes duties came into effect on 1 April 2008 and the remaining provisions came into effect from September 2008.
Children and Families (Wales) Measure 2010on
The Measure came into force on 10 February 2010 and makes statutory provision to tackle poverty in Wales. It also makes statutory provision with regards to play and participation, child minding and daycare regulations and also Integrated Family Support Teams. The Measure requires Welsh Authorities, including Welsh Ministers and local authorities, to prepare and publish a strategy for contributing to the eradication of child poverty in Wales. The Measure reflects our understanding that in order to make faster progress on tackling child poverty, there is a need to galvanise and draw on the expertise and experience of a wide range of public bodies in Wales.
The impact legislation and policy has on the promotion of equality, diversity and inclusion within the setting is ensuring policy and procedures are written and adhered to and carried out within the setting, that staff have an awareness of legislation and policy surrounding equality, diversity and inclusion in practice.
3.1/3.2/3.3
We ensure within the setting to interpret relevant legislation and employment regulations to inform how equality and individuals’ rights and responsibilities should be promoted, and diversity valued and incorporate any changes in policy into practice with regards to equality, diversity and inclusion. We evaluate the effectiveness of our systems, policies, procedures and guidelines in promoting equality and valuing diversity which is done through reviewing policies and procedures on an annual basis. We take the appropriate actions to ensure that our systems, policies, procedures and guidelines do promote equality and value diversity, ensuring more complex needs are addressed and catered for in Individual Play Plans, plans are put in place and reviewed regularly. We actively promote equality and value diversity through displays and planning, this is achieved through planning themes and carrying out activities. We actively demonstrate by our behaviour the promotion of equality and valuing of diversity. We regularly review our organisations systems and processes through manager’s consultation meetings and improve them to address issues related to unfair and discriminatory practice. We actively support individuals whose rights have been compromised in having their complaints appropriately addressed. We actively challenge the discriminatory behaviour of individuals and institutional discrimination. We ensure within the setting to promote equality and inclusion in play and childcare where all children are included, it is vital to reach out to parents/carers and build links with community groups. Equally important are the partnerships formed with local, regional and national agencies and organisations. It develops a multi-agency approach which ensures better working relationships. Improvements to address gaps and shortfalls in systems and processes are: accommodating more complex needs which can be achieved through further training for staff and having resources available, developing the multi-agency approach further, having more cultural awareness and implementing it the setting through awareness days, tasting days, arts and craft activities, books etc. Updating relevant policy and procedure and ensuring parents/carers have an awareness of policies and procedures.
4.1
Governments worldwide promised all children the same rights by adopting the UN Convention on the Rights of the Child. These rights are based on what a child needs to survive, grow, participate and fulfil their potential. They apply equally to every child, regardless of who they are, or where they are from.
Working with children has a significant duty of care. Children who are younger and more vulnerable need greater care. The attention and vigilance of the practitioner helps to keep them safe as they develop, gives the children understanding to be able to foresee and cope with potential dangers and have an understanding that their actions may hurt and upset others, also communication to be able to talk about the harm others may be doing to them.
The duty of care contributes to the safeguarding and protection of individuals this can be carried out in a variety of ways:-
• Risk assessment both inside and outside.
• Avoiding potential hazards, which could lead to harm through accidents or spreading infections.
• Having clear instructions and set boundaries.
• Observing children and assessing their development.
• Working with parents and other professionals to aid children’s development.
• Hold a relevant Safeguarding policy.
• Have a member of staff who are SENCO trained.
Dilemmas that may arise between the duty of care and individuals rights could be staff having a difference of opinion over a child for example a staff member believing they have signs of abuse and another staff member thinking they don’t. This could lead to conflict between the child’s family/carers if staff involved other agencies such as Social Services. Dilemmas could be knowing when to get further help regarding child protection and safeguarding issues for example if you did not refer the case to social services the child might still continue to suffer abuse. Another ethical dilemma would be knowing when to break confidentiality and share information. Another possible ethical dilemma is a child not being included in the setting because of medical grounds or complex needs
4.2
The principle of informed choice is giving the child a limitation in the choice and not giving them total freedom i.e. giving the child 5 choices of play to choose from. It ensures children know boundaries and structure
4.3
The basic principle which underpins both current law and medical practice with regard issues of mental capacity, is that people should be ‘enabled and encouraged to take for themselves those decisions which they are able to take’ (Law Commission Report No.231 (1995) - para.2.46) Every child has the right to make his/her own decisions and must be assumed to have capacity to do so unless proved otherwise. In approaching the issue of capacity, the following principles should be borne in mind:
• The need to promote an individual’s autonomy and freedom by being encouraged and enabled to make their own decisions or to participate as fully as possible in decision making by being given help and support to make and express choice.
• The need for an individual to be given information in a way that facilitates their comprehension and that promotes their understanding.
• The need to be clear about the specific matter about which a person needs to make a decision.
• That the mental capacity of an individual is not a global absolute. That it is a decision specific is to say that a person may have capacity to make some decisions and not others. Some people may have more or less capacity from one day to another.
• In protecting an individual’s autonomy and freedom, professionals look for least restrictive alternatives – interventions that cause the least disruption or change in the person’s circumstances. At the same time, the right to make what might seem to be eccentric or unwise decisions must be protected.
A child’s understanding maybe limited because of disability which endeavor will lower individual capacity cause confusement and affect development further. Within the setting we will accommodate a child’s needs with Individual Play Plans, one to one support worker, resources and equipment.
4.4
There are many ways to manage risks associated when balancing individual rights and duty of care:-
• Allowing children to explore with guidance.
• Making children aware of potential hazards and dangers,
• Allowing children to acquire life skills through learning how to cope with risky situations,
• Children with additional needs still having a right to join in with support through Individual Play Plans which ensures a strategy to manage needs.
• One to one support for children with additional needs.
This is achieved through allowing each point in practice.
REFERENCES
Department for Education. (2011). Childcare Act 2006. Available: http://www.education.gov.uk/childrenandyoungpeople/earlylearningandchildcare/delivery/a0071032/childcare-act 2006 http://www.education.gov.uk/childrenandyoungpeople/earlylearningandchildcare/delivery/a. Last accessed 02/05/13.
Equality and Human Rights Commission. (2011). The Disability Discrimination Act 1995 (DDA): A Brief Explanation. Available: http://www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-service-providers-pre-october-2010/good-medical-practice-and-disability-equality/1-the-disability-discrimina. Last accessed 30/04/13.
Law Com No 231. Report on mental incapacity. 1995.
Legislation.gov.uk. (2000). Race Relations Act 1976. Available: http://www.legislation.gov.uk/ukpga/1976/74http://www.legislation.gov.uk/ukpga/1976/74. Last accessed 02/05/13.
Thomas, H. (2008). An overview of the Children Act 1989. Available: http://www.rcpsych.ac.uk/files/samplechapter/102_0.pdfhttp://www.rcpsych.ac.uk/files/samplechapter/102_0.pdf. Last accessed 02/05/13.
UK Centre for Legal ExcellenceUK Centre for Legal Excellence. (2010). SENDA: Special Educational Needs and Disability Act 2001SENDA: Special Educational Needs and Disability Act 2001. Available: http://www.ukcle.ac.uk/resources/directions/previous/issue4/senda/http://www.ukcle.ac.uk/resources/directions/previous/issue4/senda/. Last accessed 02/05/13.
UNICEF. (2001). UN Concention on the Rights of the Child. Available: http://www.unicef.org.uk/UNICEFs-Work/Our-mission/UN-Convention/http://www.unicef.org.uk/UNICEFs-Work/Our-mission/UN-Convention/. Last accessed 30/04/13.
UWIC. (2005). Sex Discrimination Act 1975 and 1986Sex Discrimination Act 1975 and 1986.Available: http://www.careandthelaw.org.uk/eng/b_section15http://www.careandthelaw.org.uk/eng/b_section15. Last accessed 30/04/13.
Welsh Government. (2013). Children and Families (Wales) Measure 2010Children and Families (Wales) Measure 2010. Available: http://wales.gov.uk/topics/childrenyoungpeople/poverty/childrenandfamilies/?lang=enhttp://wales.gov.uk/topics/childrenyoungpeople/poverty/childrenandfamilies/?lang=en. Last accessed 02/05/13.
References: Department for Education. (2011). Childcare Act 2006. Available: http://www.education.gov.uk/childrenandyoungpeople/earlylearningandchildcare/delivery/a0071032/childcare-act 2006 http://www.education.gov.uk/childrenandyoungpeople/earlylearningandchildcare/delivery/a. Last accessed 02/05/13. Equality and Human Rights Commission. (2011). The Disability Discrimination Act 1995 (DDA): A Brief Explanation. Available: http://www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-service-providers-pre-october-2010/good-medical-practice-and-disability-equality/1-the-disability-discrimina. Last accessed 30/04/13. Law Com No 231. Report on mental incapacity. 1995. Legislation.gov.uk. (2000). Race Relations Act 1976. Available: http://www.legislation.gov.uk/ukpga/1976/74http://www.legislation.gov.uk/ukpga/1976/74. Last accessed 02/05/13. Thomas, H. (2008). An overview of the Children Act 1989. Available: http://www.rcpsych.ac.uk/files/samplechapter/102_0.pdfhttp://www.rcpsych.ac.uk/files/samplechapter/102_0.pdf. Last accessed 02/05/13. UK Centre for Legal ExcellenceUK Centre for Legal Excellence. (2010). SENDA: Special Educational Needs and Disability Act 2001SENDA: Special Educational Needs and Disability Act 2001. Available: http://www.ukcle.ac.uk/resources/directions/previous/issue4/senda/http://www.ukcle.ac.uk/resources/directions/previous/issue4/senda/. Last accessed 02/05/13. UNICEF. (2001). UN Concention on the Rights of the Child. Available: http://www.unicef.org.uk/UNICEFs-Work/Our-mission/UN-Convention/http://www.unicef.org.uk/UNICEFs-Work/Our-mission/UN-Convention/. Last accessed 30/04/13. UWIC. (2005). Sex Discrimination Act 1975 and 1986Sex Discrimination Act 1975 and 1986.Available: http://www.careandthelaw.org.uk/eng/b_section15http://www.careandthelaw.org.uk/eng/b_section15. Last accessed 30/04/13. Welsh Government. (2013). Children and Families (Wales) Measure 2010Children and Families (Wales) Measure 2010. Available: http://wales.gov.uk/topics/childrenyoungpeople/poverty/childrenandfamilies/?lang=enhttp://wales.gov.uk/topics/childrenyoungpeople/poverty/childrenandfamilies/?lang=en. Last accessed 02/05/13.
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