There are different laws, legislations that influence our working practices when working and caring for children

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Unit 3

E1 and E2

There are different laws, legislations that influence our working practices when working and caring for children, one being Children Act 1989. The main principles and provisions embodied in this legislation are that:

  • the welfare of children must be the paramount consideration when the  courts are making decisions about them;
  • the concept of parental responsibility has replaced that of parental rights;
  • children have the ability to be parties, separate from their parents, in legal proceedings;
  • local authorities are charged with duties to identify children in need and to safeguard and promote their welfare;
  • certain duties and powers are conferred upon local authorities to provide services for children and families;
  • a checklist of factors must be considered by the courts before reaching

decisions;

  • orders under this Act should not be made unless it can be shown that this is better for the child than not making an order;
  • delay in deciding questions concerning children is likely to prejudice their welfare.

The main aims of the Act are:

  • to bring together private and public law in one framework;
  • to achieve a better balance between protecting children and enabling parents to challenge state intervention;
  • to encourage greater partnership between statutory authorities and parents;
  • to promote the use of voluntary arrangements;
  • to restructure the framework of the courts to facilitate management of family proceedings.

“The Children Act 1989 is designed to help keep children safe and well. If necessary, it helps a child to live with their family by providing services appropriate to the child's needs”  

Also, another legislation we must see in practice is the Health and Safety act 1974, this must be used in practice to ensure the safety of people in the workplace and the service users. , and we must ensure that there are no risks of injury within the setting to anyone. Buildings must be in good condition, clean and with safe storage and everyone must follow and promote this legislation. This sets the standards that must be met to ensure the health and safety of all employees and others who may be affected by any work activity. Other regulations also exist to cover work activities that carry specific risks, for example lifting and carrying, computer work and electricity.  

“The Health and Safety at Work etc Act 1974 , also referred to as HASAW or HSW, is the primary piece of legislation covering occupational health and safety in the United Kingdom. The Health and Safety Executive is responsible for enforcing the Act and a number of other Acts and Statutory Instruments relevant to the working environment.”   

RIDDOR 1995- RIDDOR '95 means the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995, which came into force on 1 April 1996. Reporting accidents and ill health at work is a legal requirement. The information enables the enforcing authorities to identify where and how risks arise and to investigate serious accidents. The enforcing authorities can then help and advise you on preventive action to reduce injury, ill health and accidental loss - much of which is uninsurable. Reporting accidents and ill health at work is a legal requirement.  The law requires the following work-related incidents to be reported:

  • deaths
  • major injuries
  • over-3-day injuries - where an employee or self-employed person has an accident and the person is away from work or unable to work normally for more than 3 days
  • injuries to members of the public where they are taken to hospital
  • work-related diseases
  • dangerous occurrences - where something happens that does not result in a reportable injury but which could have done.

The Control of Substances Hazardous to Health Regulations 2002 (COSHH) aims to protect people from the harmful health effects of substances used at work. It requires employers to carry out a risk assessments and as a result, take steps to either prevent exposure or control the risks to their employees (and others who may be affected) from such substances. “COSHH is the law that requires employers to control substances that are hazardous to health. You can prevent or reduce workers exposure to hazardous substances by:

  • finding out what the health hazards are;
  • deciding how to prevent harm to health (risk assessment]);
  • providing control measures to reduce harm to health;
  • making sure they are used ;
  • keeping all control measures in good working order;
  • providing information, instruction and training for employees and others;
  • providing monitoring and health surveillance in appropriate cases;
  • planning for emergencies. “    
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ECM 2004- Every Child Matters, the government’s vision for children’s services was published in September 2003.  It proposed reshaping children’s services to help achieve the following five key outcomes for children and young people:

• Be healthy    –   physically, mentally and emotionally healthy, sexually healthy, healthy lifestyles, and choose not to take illegal drugs.

Parents, carers and families promote healthy choices

• Stay safe    -  safe from maltreatment, neglect, violence and sexual exploitation, safe from accidental injury and death, safe from bullying and discrimination, safe from crime and anti-social behaviour in and out of ...

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