Here are a few:
Children Bill (2004). (Now known as the children act 2004).
In 2003 a child tragically died in the hands of her carer. In the Laming report and other enquiries that were made criticised the approach we had when protecting children in our society.
The Government's vision is to create a joined-up system of health, family support, childcare and education services so that all children get the best start possible. Through the range of measures brought in under the Every Child Matters: Change for Children programme, organisations providing services to children, such as schools, hospitals and the police, work together and share information, so that all children, and especially those from vulnerable groups, have the support they need to:
• be healthy
• stay safe
• enjoy and achieve
• Make a positive contribution.
• Achieve economic well being .
Common Assessment Framework (CAF).
There are five main features in the children’s Act 2004 they are:
• CAF (Children’s Assessment Framework) to assist multi agency work to identify welfare needs.
• Revised arrangements on sharing information.
• All agencies work together to protect vulnerable children (social services, the NHS, education services, the police and other services.
• Gives the lead Councillors for children’s services political responsibility for the local child.
• The integration of children’s services and the to introduce children’s director’s with responsibility for local Education authority and children’s services
Equality Act 2010.
Equality of Opportunities is linked with all four themes A unique child (1.2 inclusive practice, 1.3 keeping safe), positive relationships (2.1 respecting each other, 2.2 parents as partners, 2.3 supporting learning, 2.4 key person), Enabling environments (3.2 supporting every child, 3.4 the wider context) and learning and development (4.4 areas of learning and development).
Legal framework: The Equality Act 2010 .
Equality Act 2010: This is a way of how people interact with others in society and is statutory by law. The equality Act 2010 replaces all previous acts relating to equality and discrimination. The act is compulsory to any organisations providing a service to the public. Early Years must have a policy in place regarding equality of opportunities and to support children with learning difficulties or disabilities. Early years must also have regard to the SEN code of practice. The EYFS also states that settings have a responsibility to ensure positive attitudes to diversity and differences. Within my setting we have Equality and Diversity, SEN and disability policies in place to help support and protect all individuals that access our service. The policies bring together all the main points from all the Acts and requirements of the EYFS.
Data protection Act 1998.The SENCO may have access to sensitive and confidential information regarding a child in their care, so you need to comply with this law and follow the eight principles of good practice. Data must be:
• Fairly and lawfully processed.
• Processed for limited purposes.
• Information should be adequate for what it is going to be used for, relevant and not excessive.
• Information must be accurate.
• Information not to be kept longer than necessary.
• Processed in accordance with the data subjects rights.
• Not transferable to others without permission and adequate protection.
Education Act 1993.
(Children with special needs, now known as additional need, enter a statementing process).
The Education Act 1993 placed a duty on the government to issue a code of practice for children with additional needs and to revise it from time to time. The first Code of Practice came into effect in 1994, this code gave a definition of “Special education and needs” which still remain in effect today in The Education Act 1996.
The Educational Act 1993 took over 10 years to arrive. It brought in time restrictions for completing assessments of special Educational needs (additional needs) and an SEN tribunal
Race Relations Act 1976 and 2002.
Employers can’t discriminate when they are recruiting new staff).
The Race Relations Act 1976 is an Act of Parliament of the United Kingdom that has been put into place to stop the unlawful discrimination on the grounds of Race. The Race Relations Act only applies in Scotland, Wales and England (not Ireland they have The Race Relations (NI) order 1997 which applies).
Items that are covered include discrimination on the grounds of:
• Colour, Nationality, ethnic, national origin.
• Religious groups, national or ethnic origin.
United Nations Convention on the rights of a child (UNCRC – 1989 AND RATIFIED 1991)
These are the rights of a child under the age of 18 years. The children’s rights apply to boy or girls, their religion, if they are disabled or the family’s diversities. There are children living in exceptionally difficult situations and that such children need special consideration. Governments have a responsibility to take all available measures to make sure that all children’s rights are respected, protected and fulfilled. They also agree to review their laws relating to children. This involves assessing Social Services, legal health and Educational systems, as well as levels of funding for these services. Governments are then obliged to take all necessary steps to ensure that the minimum standards set by the Convention in these areas are being met. They must help families protect children’s rights and create an environment where they can grow and reach their potential.
There are over 40 specific rights below are some of them:
• The right to play.
• The right to survival and development.
• What is best for the child?
• The right to be safe.
• The right to live in a loving and caring family environment or alternative care and to heev contact with both parents wherever possible.
• The right to speak up and have your opinions listened to and their views respected.
• Every child needs to be registered after birth. The right to a name, nationality, freedom of expression and access to information concerning them.
• The right to education, leisure, culture.
• Children have the right to know and live their own culture.
• Respect the rights and respect others.
• The right to privacy.
• If you have a disability you have rights for special help for you to participate, the right to health and health care and social security.
• To be healthy.
• Children have the right to access special education.
• The right to be educated.
• Children have the right to live life free from discrimination.
Special Educational Needs and Disability Act 2001 (SENDA).
Provides all parents and children with rights so that their education (is of the same standard as anyone else. Under this new law disabled children/people in higher education are now covered in this Act.
Key features are:
• The right for children to be able to attend mainstream school
• Parents will receive information from the local education authority.
• Any education setting must not treat any disabled children/adults less favourably than any other child.
• Local educational authority must comply with special educational needs tribunal.
• You cannot discriminate against children/people if they are disabled from attending your setting they have the same rights as every individual. e.g. admission,
• You cannot discriminate against a disabled person by excluding them from your school (temporary or permanent).
• Schools/settings must make adjustments for children with specific needs to join in.
• Local education authority needs to provide support to the child and their family.
• Providers should plan and organise their system and workplace so that every child receives challenging and enjoyable learning and develop their individual needs (EYFS statutory framework).
• School Action: This is where you have identified a child as needing extra support. (Parents will be informed).
• School Action Plus: This is where outside help is needed to help the child (this can only be given with parent’s permission).
• Request for a Statutory Assessment: Parents or schools/settings can ask for this if the child is not progressing this will enable the child to get extra support (The LEA will ask professionals for reports on the child for their needs to be assessed). The LEA may not proceed with an application, parents can appeal against discussions.
The Disability Discrimination Act (DDA) 1995.
The Disability Discrimination Act 1995 (DDA) - Covers those who have or who have had a disability.
It protects individuals against discrimination on the grounds of disability when, applying for a job, at work, education, buying goods and services, buying property or renting.
• It is unlawful to treat a disabled child/person less favourably than a non disabled child/person without justification for a reason related to their disability.
• Settings are required by law to make ‘reasonable adjustments’ to prevent disabled children/person being discriminated against, these include:
Changing policies/procedures. To provide auxiliary aid or services.
Provide ways of access.
The Special Educational Needs code of Practice 2001.
This applies in your setting if you receive government funding.
The SEN code of practice states that children have SEN if they have a learning difficulty that calls for special Educational provision to be made for them. Children have a learning difficulty if they have any of the following:
• If the child has a significant difficulty in learning than the majority of the same age.
• If the child has a disability that prevents or hinders them from making use of Educational facilities of a kind generally provided for children of the same age in schools within the local authority.
• If the child is under school age and fail within the definitions above or would do so if special provisions was not made for them
The SEN code of practice sets out principles that support an inclusive education. Some of these principles are:
• A child with special educational needs should have their needs met.
• Special educational needs will normally be met in a mainstream school or setting.
• The views of the child should be sought and taken into account.
• Parents/carers have a vital role to play in supporting their child’s education.
• Children with special educational needs should be offered full access to a broad, balanced and relevant education, including a appropriate curriculum for the Early Years Foundation Stage and the National Curriculum.
• The local Educational Authority provides parents with children of SEN with advice and information and a means of resolving disputes
• Providers to inform parents they are making special provision for their child.
• Schools or nursery education providers can ask for a statutory assessment of a child.
In Early years, primary and secondary there are separate chapters for:
• Working in partnership with parents.
• Pupil participation.
• Working in partnership with other agencies.
Children do not all progress at the same rate, each child is an individual, with individual strengths and needs.
Hope it helps