The legal requirements relevant to inclusive practice

A practice is said to be inclusive when a setting make everyone feel welcomed and gives all children in their care equal opportunity to achieve the highest of standards. This can be done or achieved when the various needs and diverse lifestyle of children and their families are factored into the settings planning, be it weekly, monthly or yearly. (Tassoni P., 2005:245)

Because this is such an important aspect of caring for children and young people, there are some legal requirements put in place to support it.

They include;

The Human Right Act (1998): This act protects individual or children from being discriminated against. It also means that every child has a right to education and as such no child should be denied that privilege. It allows children as well as their family freedom of thoughts, practices of their religion and allows all family to be respected. It celebrates diversity in general. The setting makes it a priority to phone up parents of every child who is absent to check why they were absent and if they were ok.

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By doing this they are trying to give every child the right to education and not preventing them from enjoying that privilege.

Special Educational Needs Code of Practice (2001): This code of practice outlines the support needed for a child with a special educational need and how to provide that support. A child has a special educational need when he/she have a greater difficulty in learning than the majority of children his/her age or has a disability which prevents him/her from making use of some educational facilities of a kind.

(DFES Publication,2001:6). In addition, a special educational need child could also be a gifted and talented child. Every child is allocated a key person who takes their abilities and capabilities into account and plans activities to support them and also help develop them wholly.

Special Educational Needs and Disability Act (2001): To cover everyone involved, the act has been broken into two parts. The first allows parents of Children with special educational needs more rights to access mainstream education for their children. The second part deal with the children and it gives them the privilege to be supported in any way possible and be treated equally by everyone. (Tassoni P., 2005:244). Provision has been made in the setting by providing a SENCO specialist who is in charge of children with special educational needs. She teaches children with speech problem sign language and helps plan appropriate activities for children who need additional support.

The United Nations Convention on the Rights of the Child (UNCRC 1990): is an international human rights treaty that grants all children and young people (aged 17 and under) a comprehensive set of rights. The Convention gives children and young people the right to be protected and given special assistance, access to education and healthcare, develop their personalities, abilities and talents to the fullest potential, grow up in an environment of happiness, love and understanding, be informed about and participate in achieving their rights in an accessible and active manner. [www.education.gov.uk].

The setting has a very friendly environment appropriate to promote growth in children. The environment promotes love, happiness and understanding. Children’s views are never ignored but rather considered when planning activities for them.

The Equality Act 2010 replaced all previous equality legislation such as the Race Relations Act, Disability Discrimination Act and Sex Discrimination Act. For schools, the new law is the same as it has been in the past which means that they cannot unlawfully discriminate against pupils based on their sex, race, disability, religion or belief and sexual orientation as well as pregnant students. All children and families are treated with dignity and respect. Everybody is treated fairly and the same. Where additional support is needed for families or children who need additional support, it is provided.

Children Act 2004 (Every Child Matters (ECM))

The Act places more responsibilities on all children’s services authorities to make arrangements in the way their key workers work to improve the well-being of children. The Act has been improved to include 5 most
important parts which are every child shall be Safe, Healthy, they should enjoy or be able to achieve whatever in life, should enjoy economic wellbeing and be Positive in contributing towards their society.

The Childcare Act 2006

This regulates childcare in England, passed into law on 11 July 2006. This legislation replaced Part 10A of the Children Act 1989.
The act places an important role for local authorities to play, by performing certain duties. These duties require them to

• Work with their NHS and Jobcentre 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 requires that an inspection be taken, to make sure that all education and care framework are following Early Years and general childcare registers. [www.education.gov.uk/childrenandyoungpeople]

Staff plans activities based on what the EYFS says. The activities planned are checked by the manager to make sure that it will meet every child’s developmental needs.