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Five pices of Legislation aimed at protecting workers and children in care settings.

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E1. Identify five pieces of current legislation. Health & Safety at Work Act ? 1974 Care Standards Act ? 2000 Data Protection Act ? 1998 Children Act ? 1989 Food Handling Regulations ? 1995 E2. Describe how each piece of legislation will influence working practises in the setting. Health & Safety at Work Act ? 1974: This act helps to keep the setting safe. It means that the owner has a duty to make sure that they have sufficient policies and procedures in place. It is the staffs duty to make sure that they stick to the policies and procedures that are in place as well as make sure that during the day all the children remain safe. This includes checking that the toys are age appropriate and carry the English kite mark, food areas are kept clean and areas are checked with a daily risk assessment is carried out in all areas. Care Standards Act ? 2000: This sets out 14 minimum standards for childcare settings to comply by. It is inspected by Ofsted every year. They produce a booklet which differs between settings but they generally cover the same standards. Data Protection ? 1998: This act applies to any setting which holds and records data. Within a childcare setting this applies to children?s records. They should be kept in a locked cabinet and only made accessible to parents upon request. This means that extra care should also be taken to make sure that you put the right child?s records in the right file. Children Act -1989: This act sets the guidance for how much space children should have the child to adult ratio and some basic principles such as ?the welfare of the child is paramount?. In the setting this act is the backbone to how children are dealt with and treated every day. Food Handling Regulations ? 1995: This act covers how food is handled in the setting. ...read more.


This shouldn?t ever be a problem if you keep a good relationship with the parents. Any conversation you have with the parent or family is confidential and should not be discussed with anyone else unless it is within the child?s best interest or required by law. Any information which is recorded should be kept in a secure locked cabinet in the right file for the right child. If a parent is going through something that they rather no-one else knew about and you put child A?s information in Child B?s file and Child B?s parent asks to his their file they will then have access to child A?s information. Not only is this disrespectful to the wishes of the family but also a serious breach of the Data Protection Act 1998. Every child is different and so each child needs to be treated differently and make sure their individual needs are met. You should make sure any activity you do with the child is appropriate for the child?s age, ability and culture. For example it would almost be pointless to give a 2 year old child with English as a second language an English text only book about the issue. Firstly it is beyond their ability and secondly it is not in a language they are going to recognise as easily. It is also good to remember that not everyone feels the same and depending on how a child is taking a situation would depend on how you treat it. You should give the child the chance to express their feelings about it before you jump in and try to help them. For example if they are upset about a new family arrival it wouldn?t be appropriate to start asking them how excited they are about it, because they?re not. You should always make sure that you are honest with the child with what is happening. ...read more.


In my setting there are literally hundreds of policies and procedures which are in place as a result of legislation. For example COSHH ? Control of Substances Hazardous to Health Regulations state that every setting must have a file which contains a list of all the hazardous substances contained and used within the setting and how and where they are stored. My setting keeps this folder in the filing cupboard. The regulations also detail how these substances should be kept. In my setting it is policy to keep all our cleaning products in a locked cabinet, we also have to make sure that everything is labelled properly and the labels remain legible incase of an emergency and someone needs to know what is in the substance. Another example of this would be RIDDOR ? REPORTING OF INJURIES DISEASES OR DANGEROUS OCCURENCES ACT states under section 4 ? regulation 7 that following an accident the following information should be recorded: 1. Date and time of the accident or dangerous occurrence. 2. In the event of an accident suffered by a person at work, the following particulars of that person? (a)full name; (b)occupation; (c)nature of injury. 3. In the event of an accident suffered by a person not at work, the following particulars of that person (unless they are not known and it is not reasonably practicable to ascertain them)? (a)full name;~ (b)status (for example ?passenger?, ?customer?, ?visitor? or ?bystander?); (c)nature of injury. 4. Place where the accident or dangerous occurrence happened. 5. A brief description of the circumstances in which the accident or dangerous occurrence happened. 6. The date on which the event was first reported to the relevant enforcing authority. 7. The method by which the event was reported. This means that in our setting we have an accident book in which we record all accidents or dangerous occurrences. We have two books, one for the staff and one for the children. We also have to make a note of how we are going to prevent the incident from happening again in the future and what action we are taking. Page of ...read more.

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