legislation and policy

Legislation and Policy Assignment

Task 1
Children Act 1989
This Act is to ensure that children are bought up and cared for by their own families. Parents who have children in need should be supported by all relevant services such as the Local Authority to make that their children are being looked after as best as possible. Any support that is provided should be provided in partnership with parents and meet each child’s needs. Children should be protected at all times by relevant intervention when there are risks of them being in danger. When dealing with children courts should make sure that delays are avoided and may only make an Order if it is in the best interest of the child or they may make no Order at all. Children should be kept informed about their futures and should be involved in any decisions made about their future.
Parents will continue to have parental responsibility even when their children no longer live with them and should be involved in all decisions made about their children’s future.

Children’s Act 2004
This Act was additional information to the Children’s Act 1989. The aim of this Act is to make sure that children receive all the support they require to be healthy, stay safe, enjoy and achieve through learning, make a positive contribution to society, and achieve economic well-being.
This Act was bought in to help the government work towards these goals. There have been a few structural changes in response to the Children Act 2004 which meant that, from April 2006, education and social care services for children have been brought together under a director of children's services in each local authority.

Health and Safety at Work Act 1974
The Health and Safety at Work Act 1974 is the most important piece of legislation. The Health and Safety at Work Act 1974 (HSWA) applies to all workplaces whatever the type of business. It is the employer’s responsibility to ensure the safety of all employees, parents, pupils and any other visitor’s to their premises, which may arise out of their work activities.

E-Safety
E-safety is a safeguarding issue and not an ICT issue. All members of the school community have a duty to be aware of e-safety at all times, they should know the required procedures and act upon them.
Children and young adults may come across contents of a distressing or offensive nature on the internet or receive inappropriate emails. Children may receive inappropriate emails from adults or unknown senders, or be exposed to abuse, cyber-bullying via emails, instant messaging, in chat rooms or on social networking websites such as Facebook.
The purpose of internet use in schools is to help raise educational standards. Additionally is also increases ICT knowledge and understanding as technology is widely used in everyday life.

Equality Act 2010
The Equality Act 2010 replaces all previous equality legislations such as the Race Relations Acts, Disability Discrimination Act and Sex Discrimination Act. The Equality Act 2010 lists a number of points which schools must comply with and must not be used as a reason to treat children any different from others. These are, age, disability, race, sex, pregnancy, gender reassignment, religion or belief and sexual orientation

Special Educational Needs and Disabilities Act 2001 (SENDA)
The Special Educational Needs and Disability Act 2001 (SENDA) introduces the right for disabled students not to be discriminated against in education, training and any services provided for students. Schools should make any adjustments for disabled children to stop them from being disadvantaged.

United Nations Convention on the Rights of the Child 1989
The Convention applies to all children regardless of gender, race, ethnicity, religion, family status or ability. It is the government’s responsibility to ensure that all children are protected from any form of discrimination. No child should be treated unfairly on any basis. The Convention defines a child as a person under the age of 18. The Convention is the only international human rights treaty which includes political, economic, social and cultural rights. It states all details what children require to have a safe, happy and fulfilled childhood.

Task 2
The legal requirements and procedures are as follows:

Data Protection Act 1998
The Data Protection Act controls how personal information is used. Everyone who is responsible for using data must follow strict guidelines. They must make sure the information is: used fairly and lawfully used for limited, specifically stated purposes used in a way that is adequate and relevant kept for no longer than is absolutely necessary handled according to people’s data protection rights kept safe and secure
All information should be treated confidentially as stated in this Act.

Confidentiality
It is important to maintain confidentiality because it is law. Confidentiality is to protect a child; to keep their personal details safe and secure.
Confidentiality is very important when working with children as there is certain information that has to be collated in order to work effectively. This information will included, names, contact numbers, addresses, medical information and dietary requirements. Schools will ask parents or guardians for a range of information so that children are looked after effectively. All information should be stored safely so that access is restricted to only those who require it. The information should only be shared with people who are directly involved with the child. Lack of confidentiality can have serious impact on parents and their children. Therefore it is important that teaching assistants working in partnership with teachers and colleagues create a safe secure learning ETHOS.
Confidentiality can be breached when a child is at risk of abuse. Confidentiality can also be breached when a child’s health is at risk. At Bowker Vale Primary School when a member of staff has concerns regarding a child safety they must follow the correct procedures, they must know who the designated person for child protection is and must complete the necessary pink or yellow forms and hand to the designated person to deal with the matter. Below are 4 case studies which we worked on in class regarding confidentiality:

Case study 1
You have been writing up your observations on a child, when another child falls over and needs medical attention. There are volunteers and a student in the setting.
In this situation I would take my notes with me while attending to the child until a first aider arrives to deal with the child. I would take this approach because if I was to leave the notes unattended any student or volunteer would have access to them which would break confidentiality.

Case study 2
A parent asks you for the address of another child, as she wants to invite him to her son’s birthday party.
In this situation I would not give the details, as it would break the Data Protection Act. I would take the person details and ask the parent to get in touch with them or I could tell the person that I would ring them on their behalf and pass the invitation on.

Case study 3
The telephone rings and a caller asks you if a particular child is at your settings today. You are aware of the fact that the parents of this child have separated.
In this situation I would not give out this information as it could be anyone on the phone. I would reply with a polite comment and take some details and arrange for them to be contacted back. I would also inform the safeguarding co-ordinator or class teacher to let them know that someone has rang to ask this information.

Case study 4
At a play scheme a father tells you that he has discovered his child has a severe nut allergy. One of the other children frequently brings nuts in her lunchbox.
In this situation confidentiality can be broken because a child’s health is a risk. I would inform the appropriate person so a letter can to be sent out to all parents and carers informing them of this issue. I would also make sure that all staff have been made aware of this.

Task 3

COSHH
COSHH – Control of Substances Hazardous to Health. COSHH is law that enquires employers to control substances that are hazardous to health. Paint, bleach and dust are common substances which may be harmful within schools. Exposure to harmful substances can be prevented by making sure guidelines are followed and substances are kept away safely.

RIDDOR
RIDDOR – Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.
RIDDOR requires employers and others in control of premises to report certain accidents, diseases and dangerous occurrences which may arise out of or in work places. Matters that should be reported include death, diseases, injuries and outbreak of illnesses.

At my school there are designated places where cleaning products are kept and locked up securely. There is a strict cleaning timetable which is followed when children have gone home; any products which cleaners take out of the locked storeroom must make sure that they are locked back up securely. At my school a child is hurt, a first aider will attend to the child; the first aider will deal with the injury and will then complete a blue accident form, this form shows which part of the body the child hurt and where they were hurt. The first aider will make sure that a copy of the form is sent to parents informing them of the incident.
At my school stickers are given out to promote good behaviour on a daily basis, although a child can receive stickers in lots of different situations, for example for good sitting, good work, good playground skills and good team working skills. A golden head teacher’s sticker is also given out for good behaviour. At the end of each school day the class teacher may hand out positive praise certificates. These certificates are to notify parents and guardians of a positive contribution to the day. Another behaviour scheme which my school uses is the good to be green policy (traffic light system); the aim of this is that a child must remain on the green light all week in order to participate in the 15 minutes extra playtime rewarded on a Friday.
At the end of each week 2 children are chosen to be awarded a certificate. This certificate could be given for a number of reasons, for example for reaching their targets, exceptional behaviour, setting a good example to others and making a good effort. the Health and Safety Co-ordinator undertakes all the risk assessments. The risk assessment sheets are then kept by the Health and Safety Co-ordinator in a file.
Task 4
All schools have policies and procedures to support staff in their management of situations these may involve violence, threatening behavior or abuse. Everyone within school must comply and familiarise themselves with all policies. At my school there is a file in the staffroom with all schools policies in. All staff should make themselves familiar with them and sign to say that they have seen them.
Policies should be made available for everyone to see. A new parent may wish to see a schools homework policy and behaviour policy before decided whether to apply for their child to attend the school.
The table below shows policies and procedure a school may have relating to staff, pupil welfare and teaching and learning.

Staff
Pupil Welfare
Teaching and Learning pay policy performance management grievance policy safeguarding health and safety drugs awareness behaviour management personal social and health (PSH) policy anti-bullying attendance policy curriculum policy early years policy
SEN policy
Planning and assessment homework policy
Marking policy.

National and local Government
The national government is responsible for devising policies and ensuring that they are implemented. These policies are devised to make sure that everyone is protected and has equal rights. The local government then decides which policies and procedures should be written to make sure that schools are following the right law. It is the schools responsibility to ensure that all staff and volunteers are aware of the procedures and policies and that they are adhered to at all times.

National polices whichmy school has had accredited include:-

The healthy school award
This award is to recognise their achievement in supporting the health and wellbeing of their pupils. we has also been awarded the eco schools award. Most materials which can be recycled are recycled. Each class has a paper bin, and a food caddy for leftover fruit snacks.

Every Child Matters
The Every Child Matters agenda is embedded throughout the school and is also on the schools development plan.

Every Child Counts
This is a Math’s intervention programme, which is delivered on a one to one basis. This is to help bring children who find Math’s as a weakness up to level with the rest of the class.