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.ask.com/what-is/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. 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...