What is the current Legislation for home based care, and what are the roles of the regulatory bodies?
There are a number of laws relating to children and young people both here in Wales and in England. Here is an overview of the current legislation which effects home based care as well as some additional information about the regulatory bodies that enforce these legislations.
The Children Act - (2004) - Arguably the most important act relating to children and young people and home based child care which arose from the Green Paper ‘Every Child Matters’ published in 2003 (England) who’s main aims are for every child to have the support they need to: (SHEEP)
Stay Safe
Healthy
Enjoy and achieve
Economic well-being
Positive contribution
The Welsh Government also published it’s own action plan called “Children and Young People: Rights to Action” (2003).
The Children Act (1989) - First acknowledgment in UK law of children's rights, summarised by the phrase to “the rights of the child are paramount”. It also aimed to protect children who may be suffering or are likely to suffer significant harm.
The Childcare Act (2006) - Outlines the registration and inspection process and introduced the Early Years Foundation Stage (EYFS) in England.
The Education Act (1981, 1998, 1993, 1997) - Recognised the rights of parents regarding children’s education including special education, their right to assessment, the introduction of the national curriculum and the safeguarding of the rights of children with special educational needs to be integrated into the life and work of the community.
The Equality Act (2010) - Replaced previous anti-discrimination laws with a single act and covers nine protected characteristics. Those which apply to home-based childcare include disability, race, religion or belief and gender.
The Special Educational Needs and Disability Act (2001) & Code of Practice for the Identification and