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
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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
The health and safety at work act promotes good safety of individuals in a health and social
This act required the code of practice be introduced for guidance on identification and provision of special educational needs. The role of the SENCO was introduced in schools and parents were able to challenge local authorities about providing for pupils with SEN.
There are many legislations and guidelines affecting safeguarding of children and young people. The Children Act 1989, assigns duties to local authorities, courts, parents and other agencies to ensure children are safeguarded, their welfare promoted and for children to be consulted in decisions affecting them. The Children's Act 2004 made amendments to the act of 1989 after the failings regarding Victoria Climbe. It places duty on local authorities to work together and share information introducing local Safeguarding Boards to work collaboratively to safeguard children and young people. This includes the five outcomes of Every Child Matters 2003. The Childcare Act 0f 2006 introduced plans for children aged 0-5 to
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.
The Special Educational Needs Code of Practice 2001 outlines the statutory guidance for policy and the procedures and responsibilities towards children and special educational needs. It includes the levels of support which should be provided to children depending upon their individual needs.
All those involved with children are likely to hold personal information about them, including sensitive personal data. This legal act covers how personal information is to be protected and not disclosed randomly. Professionals can
Section 2 of the HSW Act deals with employersʹ duties, and states: ʺIt shall be the duty of all employers to ensure, so far as is reasonably practicable, the health safety and welfare of all their employees whilst they are at work.ʺ
Most schools and academies now have written policies and parts of their mission statements specifically made for the inclusion and equality of SEN children. They must be in written form and should also be posted on the website for access to all who require it. There should also be policies which show the rights and responsibilities of those within the environment.
These laws and policies a put in place to protect children and young people’s health and also their wellbeing, for example the Health and Safety Act of 1974 are in place to make sure that the environment where children and young
The special educational needs (SEN) team are supported by a very active group who make sure that they provide a range of activities to meet the needs of our ever growing community of special schools, as well as colleagues in mainstream primary and secondary schools. Their aim is to work together to ensure good practice to promote effective approaches to enhance the students learning with Special educational needs.
The idea behind the Act is to promote (co-ordination between multiple official entities to improve the overall well-being of children. The 2004 Act also specifically provided for including and affecting disabled children. The Act places a duty on local authorities and their partners (including the police, health service providers and the youth justice system) to co-operate in promoting the wellbeing of children and young people and to make arrangements to safeguard and promote the welfare of children.
E Occupational Health and Safety Administration (October 2013) You have the right to a safe workplace. Retrieved from
Under the Health & Safety at work Act I have many responsibilities as an employee. These responsibilities must be obeyed in order to maintain a safe working area and minimize any potential hazards or risks to yourself or others. Some of my responsibilities as an employee are as followed:
In the early 1990’s there was an introduction to the intricate code of practice, in which they propose children in mainstream schools must ideally have their needs assessed in multiple stages and be provided with extra help from the following; ordinary resources of the school, outside and be provided with statements if their needs appeared to permit it. In order to ensure all procedures of assessment were be followed through correctly, it was the responsibility of the school to appoint someone as the special educational needs coordinator. Schools implemented an appeal system in which parents could comply their complaints and disputes with Local Education Authorities. In was the belief of the code, children with SEND were granted the option
FERPA, also known as the Buckley Amendment, is the Family Educational Rights and Privacy Act. Originally passed by Congress in 1974, this Act prohibits the improper disclosure of any personally identifiable information pertaining to education records. These records may include financial account details, class schedules, grades, or any personal information. FERPA grants the parents of a student under the age of 18, or the eligible student over the age of 18, or those who are attending a post-secondary school, the right to access, amend, or disclose education records. For a school to disclose any information pertaining to a student’s education record, the eligible student must provide written consent. However, there are some exceptions to this