Legislation Affecting Schools
Unit 6 – A4 Legislation affecting schools
Legislation
Summary
Impact on schools
Human Rights Act 1998
Linked to the 1950 European Convention on Human Rights. Under this Act individuals in the UK have particular rights and freedoms however these have to balance against the rights and freedoms of others. Some articles which have a direct link to education/schools are:
Article 2: The first protocol – the right to education (however this does not mean the right to a particular school).
Article 8: The right to respect for private and family life.
Article 10: The right to freedom of expression.
Restraints of pupils are permitted under the Act however each school has their own policy and procedure for this.
All children have a right to an education.
Pupils have a freedom of expression.
Data Protection Act 1998
Means that schools need to keep and use information only for the purpose it was intended. It also needs to be kept securely on site, either locked away in a filing cabinet or on a password protected computer. If required to update and pupil information this should be done on site and not be taken off site to complete. All information about pupils should be considered confidential and must not be shared with others without parental consent. When discussing pupils with other members of staff you should make sure that only necessary information is shared
The school is protected over personal information it holds
The school should issue a letter informing parents of how pupil data is protected.
Schools must follow the act over how they handle data (password computers, locked cabinets).
Staff need to be aware of this and reminded.
Freedom of Information Act 2000
Introduced in 2005 to promote transparency and accountability in the public sector. It is retrospective and information can be sought from any time in the past. Any person can request information for a school however this must be done in writing. Schools have a duty to provide assistance and advice to
Legislation
Summary
Impact on schools
Human Rights Act 1998
Linked to the 1950 European Convention on Human Rights. Under this Act individuals in the UK have particular rights and freedoms however these have to balance against the rights and freedoms of others. Some articles which have a direct link to education/schools are:
Article 2: The first protocol – the right to education (however this does not mean the right to a particular school).
Article 8: The right to respect for private and family life.
Article 10: The right to freedom of expression.
Restraints of pupils are permitted under the Act however each school has their own policy and procedure for this.
All children have a right to an education.
Pupils have a freedom of expression.
Data Protection Act 1998
Means that schools need to keep and use information only for the purpose it was intended. It also needs to be kept securely on site, either locked away in a filing cabinet or on a password protected computer. If required to update and pupil information this should be done on site and not be taken off site to complete. All information about pupils should be considered confidential and must not be shared with others without parental consent. When discussing pupils with other members of staff you should make sure that only necessary information is shared
The school is protected over personal information it holds
The school should issue a letter informing parents of how pupil data is protected.
Schools must follow the act over how they handle data (password computers, locked cabinets).
Staff need to be aware of this and reminded.
Freedom of Information Act 2000
Introduced in 2005 to promote transparency and accountability in the public sector. It is retrospective and information can be sought from any time in the past. Any person can request information for a school however this must be done in writing. Schools have a duty to provide assistance and advice to