Legislations

Health and Safety at Work Act, 1974

Health and Safety at Work Act, 1974

Affects the management of health and safety in all organisations and work settings.

How is the Health and Safety at Work Act, 1974, relevant to practice?

Under this act, all those who work in schools and colleges will have responsibility for health and safety which includes:

*reporting hazards

*following policies and procedures of the setting for heath and safety

*using safety equipment and PPE when needed.

Children Act, 1989/2004

Outlines the responsibilities of parents and all those who work with children and young people.It includes two specific sections that focus on safeguarding,

Children Act, 1989/2004 - Section 17

States that services must be put in place by local authorities to 'safeguard and promote the welfare of children within their area who are in need'.

Children Act, 1989/2004 - Section 47

States that the local authority has a duty to investigate instances where it has reasonable cause to suspect that a child is suffering, or likely to suffer, significant harm'.

How is the Children Act, 1989/2004, relevant to practice?

The act was amended in 2004 to reinforce the message that all organisations that work with children and young people have a duty to help safeguard and promote the welfare of children.

Care Standards Act, 2000

The act was brought in to regulate social care, early years and social services, and to ensure all providers are competent in their duty of care.

How is the Care Standards Act, 2000, relevant to practice.

It is particularly relevant to children’s homes and childcare settings, and to those providing childminding or daycare services. It also means that Ofsted Early Years has a duty to register and inspect childcare services for day nurseries, playgroups, after school/holiday clubs and childminders.

Female Genital Mutilation (FGM) Act, 2003

This act makes it an offence to carry out or assist a girl in performing FM, whether or not this takes place in or outside the UK.FGM is a form of abuse and can cause long-term mental health and physical problems for the victim. Under this act, it is also an offence to fail to protect a girl from risk.

FGM Act, 2003

All those working with children and young people have a responsibility to be vigilant and should know the signs to look out for, which include:

*excitement about going to a 'special‘ holiday home

*extended school absence, which is repeated

*withdrawn behaviour or anxiety

*having difficulty walking, sitting or moving around.

How is the Female Genital Mutilation Act, 2003, relevant to practice?

FGM is more likely to originate from certain communities in Africa, Asia and the Middle East. This means that girls who live in the UK but whose families are from these communities are at greater risk. A professional working with children on young people should follow their settings procedures for reporting suspected FGM cases.

Safeguarding Vulnerable Groups Act, 2006

This act was passed to prevent unsuitable people from working with children and young people, and vulnerable adults. It aimed to do this through setting up a checking and barring scheme.

How is the Safeguarding Vulnerable Groups Act, 2006 relevant to practice?

The DBS check is now a legal requirement for working with children and young people.

Childcare Act, 2006

Places a duty on settings and local authorities to help improve wellbeing and reduce inequalities. It is exclusively for early years and childcare, and requires local authorities and private, voluntary and independent childcare providers to work together to ensure that there is enough childcare to meet the local need.

How is the Childcare Act, 2006, relevant to practice.

All settings caring for children up to the age of 5 are now required to register and deliver the EYFS. They are expected to provide adequate information to parents and to ensure that this is accessible to all.

Equality act, 2010

Designed to protect the rights of individuals , and ensure they are protected from unfair treatment from others.

How is the Equality Act, 2010, relevant to practice?

Under this act, no one should be treated unfavourably because of one of the protected characteristics. This includes all children and young people, parent and staff. Protected characteristics include:

*age

*disability

*gender reassignment

Children and Families Act, 2014

This act aimed to improve services for vulnerable children. It is another key piece of legislation for child welfare and family law.

General Data Protection Regulations (GDPR), 2018

Informs the policies and procedures organisations must have around recording, storing and sharing information. This includes personal information on all staff and pupils.

Keeping Children Safe in Education, 2019 - Statutory Guidance

This statutory guidance was introduced to promote the safeguarding and welfare of children and young people. It applies to all schools, colleges and maintained nursery schools.

How is the ‘keeping children safe in education, 2019’ relevant to practice?

Schools are to consider opportunities to teach safeguarding as part of the curriculum, through relationships or sex and relationships education. Ofsted will inspect and report on the effectiveness of safeguarding arrangements. Updated DBS checks during recruitment of staff and on existing staff. Upskirting is made a criminal offence.

Non Statutory Guidance for Safer Working Practice, 2019

Sets out practical advice to schools, colleges and early years settings around the standards of behaviour that are expected of all those who work with children and young people. This should include:

*photographing pupils

*use of social media

*staff and pupil relationships