Task 4 Legislation Affecting Schools

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TDA 3. 2 Schools as Organizations

Task 4. 1, 4. 2, 4. 3 Legislation affecting schools

Task 4. 1 Summarise the laws and codes of practice affecting work in schools Children’s Act 2004

The Children’s Act 2004 came into being alongside Every Child Matters. It impacts the way schools address care, welfare and discipline. There are five basic outcomes that are key to a child’s well-being.

These are being healthy, staying safe, enjoying and achieving, making positive contributions and achieving economic well-being. This act increases accountability and requires agencies involved with children to take on more responsibility for each child’s welfare. The UN Convention of Rights of the Child 1989 To protect basic human rights of children in meeting their basic needs and expanding their potential.

In the course book, the articles of this convention that directly apply to schools are listed as: Article 2-children have a right to protection from any form of discrimination Article 3-the best interests of the child are the primary consideration Article 12-children are entitled to express their views, which should be given consideration in keeping with the child’s age and maturity Article 13-children have a right to receive and share information as long as that information is not damaging to others Article 14-children have a right to freedom of religion, although they should also be free to examine their beliefs Article 28-all children have an equal right to education Article 29-children’s education should develop each child’s personality, talents and abilities to the fullest.

They should also learn to live peacefully and respect the environment and other people Human Rights Act 1998 The Human Rights Act 1998 is directly linked to the European Convention on Human Rights. A key provision of the Act is “It is unlawful for a public authority to act in a way which is incompatible with a Convention right. ” The Human Rights Act makes the European Convention on Human Rights into a law in the UK, allowing violations of the Convention to be dealt with in the UK. Education Act 2002 This act brought in changes to school regulations, staffing and governance and was amended in 2006 to include the promotion of community cohesion. According to http://uk. sk.com/whatis/what_is_the_education_act_2002 , “The Education Act 2002 refers to an Act of the Parliament of the United Kingdom which amended legislation relating to academies, publicly-funded schools operating outside of local government control and with a significant degree of autonomy areas such as wages and digressing from the national curriculum. ” Data Protection Act 1998 An act of Parliamnet that was enacted to bring UK law into line with the European 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.

The Key Principles as summarised by Wikipedia are: Data may only be used for the specific purposes for which it was collected. Data must not be disclosed to other parties without the consent of the individual whom it is about, unless there is legislation or other overriding legitimate reason to share the information (for example, the prevention or detection of crime). It is an offence for Other Parties to obtain this personal data without authorisation. Individuals have a right of access to the information held about them, subject to certain exceptions (for example, information held for the prevention or detection of crime). Personal information may be kept for no longer than is necessary and must be kept up to date.

Task 4 Legislation Affecting Schools

Personal information may not be sent outside the European Economic Area unless the individual whom it is about has consented or adequate protection is in place, for example by the use of a prescribed form of contract to govern the transmission of the data. Subject to some exceptions for organisations that only do very simple processing, and for domestic use, all entities that process personal information must register with the Information Commissioner’s Office. The departments of a company that are holding personal information are required to have adequate security measures in place. Those include technical measures (such as firewalls) and organisational measures (such as staff training).

Subjects have the right to have factually incorrect information corrected (note: this does not extend to matters of opinion) Freedom of Information Act 2000 This Act was introduced in January 2005 to promote transparency and accountability in the public sector. ” Anyone may make a written request for information being held by a school. The schools have a duty to provide assistance. Some information may be protected due to confidentiality. Schools need to follow the guidance provided by the DCSF when handling requests for information. Special Educational Needs Code of Practice 2001 Under the SEN code of practice, children with special education needs have increased rights to mainstream education. It sets out the processes and procedures that schools should follow to meet the needs of SEN children.

The code of practice “gives guidance to early education settings, state schools, local authorities and anybody else who helps to identify, assess and provide help for children with special educational needs. ”[1] Health and Safety at Work Act 1974 All people have the right to be protected from work related risks. The Health and Safety Act “set the standards that must be met to ensure the health and safety of all employees and others who may be affected by any work activity. ”[2] Equality Act 2010 Taken from Wikipedia: “The primary purpose of the Act is to consolidate the complicated and numerous array of Acts and Regulations, which formed the basis of anti-discrimination law in Great Britain.

This legislation has the same goals as the four major EU Equal Treatment Directives, whose provisions it mirrors and implements. It requires equal treatment in access to employment as well as private and public services, regardless of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. In the case of gender, there are special protections for pregnant women. ”

Task 4. 2 Explain how legislation affects how schools work. Legislation affect schools in that each school will have to adapt to comply with legal requirements as they change and are updated.

Laws and legislations that affect schools are changed regularly and it is the school’s responsibility to stay updated on the changes and implement them. Schools can and should seek advice and guidance when needed.

Task 4. 3 Explain the roles of regulatory bodies relevant to the education sector which exists to monitor and enforce the legislative framework. A-General Bodies, Health and Safety Executive The Health and Safety Executive (HSE) is the regulatory body responsible for enforcing Health and Safety legislation at work. It also provides guidance and advice concerning Health and Safety legislations for all organizations. Schools are required to follow the Health and Safety at Work Act-1974 and must fully comply with the law in a variety of ways.

Working with the HSE, employers should carry out risk assessments, complete and hold paperwork such as accident reports and have a health and safety policy that all staff are aware of. “The HSE mission is to prevent ill health, injuries and to ensure that professionals within education or elsewhere are managing any significant risks arising from school activities and off the school premises. ”[3] B-School Specific Regulatory Bodies Ofsted, or the Office for Standards in Education, Children’s Services and Skills, is and independent and impartial regulatory body that regularly inspects services that provide care for children as well as those providing education and skills for learners of all ages.

The aim of Ofsted is “to promote improvement and value for money in the services we inspect and regulate, so that children and young people, parents and carers, adult learners and employers benefit. ”[4] The Independent Schools Council is a regulatory body for the independent schools in the UK. It provides information on independent schools as well as inspects and regulates them. These inspections are also monitored by Ofsted.

  • [1]http://www3. hants. gov. uk/childrens-services/specialneeds/sen-home/sen-earl yeducation/sen-codeofpractice. htm
  • [2]http://www. atl. org. uk/health-and-safety/legal-framework/health-safety-legislation. asp
  • [3]http://www. silkysteps. com/forum/showthread. php? t=15569
  • [4]http://www. ofsted. gov. uk/about-us

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