Currant Legislation for Home Based Childcare

9 September 2016

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LawI would like to provide you with the following up to date legislation impacting on home-based childcare to ensure that your children are provided with the best possible care whilst with me. Sex Discrimination Act (1975) This Act states that all children are not discriminated against on the grounds of their sex and such discrimination is eliminated. It promotes equal opportunities between children no matter of their sex. Race Relation Act (1975) Amended 2000

This Act states that all children are not discriminated against their race and ensure early years providers work towards the elimination of unlawful discrimination and promote equal opportunities between children of different racial groups. Education Act (1981) This Act became law in 1983 and tried to provide adequate safeguards, rights and duties for all those concerned with the education of children with special educational needs and to ensure these children’s rights to be integrated into the life and work of the community. It also recognised parents’ rights regarding their children’s education.

Public Health (Control of Disease) Act (1984) and Health Protection Agency Act (2004) All these legislations are focused on protecting people’s health, covering notification and exclusion periods for certain infectious diseases. Exclusions for children include exclusion from schools, places of entertainment or assembly. Education Reform Act (1988) The National Curriculum was introduced into England, Wales and Northern Ireland as a nationwide curriculum for primary and secondary state schools following the Education Reform Act 1988.

Children Act (1989) This is the basis of the current child protection system in England and Wales and was introduced to consolidate and clarify previous legislation. It established the principle that a child’s welfare is paramount in any decisions made about their upbringing. It states that every effort should be made to preserve a child’s home and family links and also introduced the notion of parental responsibility. It details how local authorities and courts should act in order to protect the welfare of children.

Education Act (1993) This Act is an education measure with the aim of making important changes to the education system in England and Wales. It has various chapters which give details on the responsibility for education, addressing children with special educational needs, setting out the requirements of school attendance and providing details in regard to admissions and exclusions. It also gives parents the right to ask for their child, which is under 2 years of age, to be formally assessed.

Code of Practice for the identification and assessment of Children with Special Educational Needs (1994 revised 2001) This Code of Practice provides practical advice to educational settings, including Early Years settings, on carrying out their statutory duties to identify, assess and make provision for children’s special educational needs. Reporting of injuries, diseases and dangerous occurrences regulation (RIDDOR) (1995).

Major injuries, which include fractures other than to fingers, thumbs or toes, amputation, dislocation, loss of sight (temporary or permanent) * Accidents resulting in over 3 day injure * Notifiable diseases * Dangerous occurrences * Gas incidents Food Safety & General Food Hygiene Regulation (1995) This Act is not currently applicable to registered childminders but acquiring a basic Food Hygiene Certificate is considered good practice. Food should be prepared and provided in a hygienic way. Safety controls are in place, maintained and reviewed.

Food safety hazards are identifies by doing risk assessments and implementing appropriate solutions. Family Law Act (1996) This Act sets out guidance on safeguarding and promoting the child’s welfare. Disability Discrimination Act (1995) This Act states that it is illegal to treat disabled person less favourably than a non-disabled person. Settings are required to make reasonable adjustments to prevent disabled people being discriminated. Education Act (1997) This Act incorporates all previous Acts since 1944.

It recognise the rights of parents regarding their children’s education and set a time frame on the legal process for identifying and assessing a child’s needs as set out in the Code of Practice. Code of Practice for First Aid (1997) The Code of Practice sets out standard practice and guidance for trained first aiders and gives tailored advice to show different people in industry what they need to do to meet their legal responsibilities for health and safety. Human Rights Act (1998) The Act incorporates the European Convention on Human Rights into UK law.

Children are covered by this legislation although not specifically mentioned. Protection of Children Act (1998) The Act states that the Secretary of State shall keep a list of individuals who are considered unsuitable to work with children. Data Protection Act (1998) It relates to information held about an individual. This includes medical records, social services files, facts and opinions about an individual. Anyone processing personal data must comply with the eight principles of good practice. T

This Act introduced the Early Years Foundation Stage (EYFS), a statutory framework that sets the standards for learning, development and care of children in the period between child’s birth and their fifth birthday. It is designed to ensure that children receive a good start in life and build a solid foundation to prepare them for school and life. The revised EYFS is effective from September 2013. Safeguarding in Child’s Welfare (15th April 2013) This guidance sets out how organizations and individuals should work together to safeguard and promote the welfare of children and how practitioners should conduct the assessment of children.

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