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Summarise the Laws and Codes of Practice Affecting Work in Schools Essay

•Children Act 2006 – Is an Act that defines the new duties imposed on the Local Authorities in respect to improving the Every Child Matters outcomes for pre-school children. The Act also defines new rules in relation to childcare for working parents as well as parental information services. It is aimed at improving the well-being of young children. It emphasises the importance of safeguarding children and young people within an educational setting. If a child discloses neglect or abuse; an establishment should have instructions to help the child. This could be referral to an outside organisation or internally.

•Human Rights Act 1998 – is an Act that gives legal effect in the UK to certain fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR). These rights not only affect matters of life and death like freedom from torture and killing, but also affect your rights in everyday life: what you can say and do, your beliefs, your right to a fair trial and many other similar basic entitlements.

•Data Protection Act 1998 – defines UK law on the processing of data on identifiable living people. It is the main piece of legislation that governs the protection of personal data in the UK. Although the Act itself does not mention privacy, it was enacted to bring UK law into line with the EU data protection directive of 1995 which required Member States to protect people’s fundamental rights and freedoms and in particular their right to privacy with respect to the processing of personal data. In practice it provides a way for individuals to control information about themselves.

•UN convention on the rights of a child 1989 – deals with the child-specific needs and rights. It requires that states act in the best interests of the child. This approach is different from the common law approach found in many countries that had previously treated children as possessions, ownership of which was sometimes argued over in family disputes. The Convention acknowledges that every child has certain basic rights, including the right to life, his or her own name and identity, to be raised by his or her parents within a family or cultural grouping, and to have a relationship with both parents, even if they are separated.

The Convention obliges states to allow parents to exercise their parental responsibilities. The Convention also acknowledges that children have the right to express their opinions and to have those opinions heard and acted upon when appropriate, to be protected from abuse or exploitation, and to have their privacy protected, and it requires that their lives not be subject to excessive interference.

•Education Act 2002/2006 – Schools which have innovative ideas to improve education, but are prevented by an existing law from implementing them, will be able to apply for exemption from that law. Schools which demonstrate a high standard of teaching will be given exemption national controls such as the national curriculum, agreements on teachers’ pay and conditions and the way the scheduling of the school day and terms. The act imposes various minimum standards for independent schools in areas such as health and safety and space requirements

•SEN Code of Practice 2001- The SEN code of practice 2001 provides a clear framework for identifying, assessing and meeting pupils’ special educational needs.

The fundamental principles of the SEN code are: -a child with special educational needs should have their needs met -the special educational needs of children will normally be met in mainstream schools or settings -the views of the child should be sought and taken into account -parents have a vital role to play in supporting their child’s education -children with special educational needs should be offered full access to a broad, balanced and relevant education, including an appropriate curriculum for the foundation stage

•Disability Discrimination Act 1995 – aims to end the discrimination that many disabled people face.

This Act gives disabled people rights in the areas of: – employment – education – access to goods, facilities and services – buying or renting land or property

The Act also allows the government to set minimum standards so that disabled people can use public transport easily.

•Equality Act 2010 – supports professionals who may be discriminated against age, disability, race, religion, belief, gender and sexual orientation. The Act identifies direct and indirect discrimination.

•Health and Safety at Work Act 1974 – Teachers must understand the importance of Health and Safety Act (1974). The act suggests that all workers are entitled to work in a safe environment where risks are properly assessed and managed. It establishes the frame-work for ensuring the safety of all employees at work this act also cover the health and safety of all other person who may be affected by Work activities e.g. pupils, students, visitors, parent and contractors. In section two of this legislation a duty is place on the employer to ensure the health and safety and welfare of all employees in practicable situations.

Explain how legislation affects how schools work. -The legislations make sure that the schools are a safe working environment for all staff visitors and pupils/students in the school. -If the legislations are not in place then this could cause concern for staff as they would not be protected and could be accused of malpractice. -The legislations are rules and regulations which everyone has to follow safe guarding themselves and children from harm. -Legislations are put in place to promote equality and eliminate discrimination. -Legislation affect school by passing laws mandates rules to be followed by school. They may also be allocated subsidies in case of public schools, provide a guide for school-employee salaries, or a limit to tuition fee increases.

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