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. It prevents the spreading of germs and illnesses. It means that when handling food you always wash your hands, clean surfaces and utensils before and after use, store food correctly and dispose of food hygienically.

E3. Describe how the policies and procedures will help safeguard children

Policies and procedures are put in place to make sure that the staff in the setting are following legislation. For example if a child is poorly with diarrhoea then it is policy to send the child home to prevent any illness or infection from being passed on to other children, they will also follow this up by putting a notice up in the setting or sending out a letter to other parents to let them know that there may be a bug going around. It will give basic information about what to look out for and how to act. This safe guard’s not only the children in the setting but their parents, siblings and families from being becoming infected with any illnesses.
Another example of this would be that there is a procedure in place when it comes to dealing with a child’s records. The Data Protection Act 1998 states that
Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. this means that whilst children’s records should contain as much information as possible and that they are a key tool when dealing with children there will be policies and procedures in place to ensure that they are kept in a locked cabinet at all times, in the correct file and never left around for someone else to see. This safeguards children and their families from having their private and sometimes sensitive information being leaked to others and subsequently being subjected to prejudice, bullying or slander.
A third example of this could be in the setting where there a policies and procedures in place to support the Health & Safety at Work Act 1974. For example this act states that “
Buildings and surroundings should be clean and safe” and “Equipment must be safely used and stored” the setting will have policies which involve risk assessments. This will be daily risk assessments as well as risk assessments of individual activities carried out. This safeguards children, staff, families and anyone else visiting the setting from becoming injured at the setting.

E4. Describe how the policies and procedures promote fair, just and inclusive strategies

Policies and procedures in the setting help to promote fair, just and inclusive strategies by ruling out any discrimination and making sure that every child is treated with the same respect as any other. For example; There will be policies in place to make sure that the Disability Discrimination Act is in force, which will include making sure that there is access to the facility for wheel chair users, it will also ensure that all children are given the same opportunity to learn. This should mean that the setting makes significant effort to adjust any activity to a child’s needs.

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E5. Describe two strategies which the setting may use to empower children to develop independence and self-reliance.

The setting may use the following two strategies to empower children to develop independence and self-reliance. Firstly Skill Development, this is when you help a child to develop their skills and gain new ones giving them the ability to do something themselves. This can range from tying shoe-laces to holding a pen properly.
A second strategy the setting can use is rewarding achievement. This can be done in many ways such as sticker charts, certificates, house points or by “star of the ...

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