Unit 3, Legislation and working with children.

by kerrykaur1996_ (student)

AS and A Level Healthcare

Kirtan Kaur 416.000 12/733950

Unit 3 Assignment

E1: Identify FIVE (5) pieces of current legislation

5 pieces of Legislation

The Children Act (1989)
The Data Protection Act (1989) DPA
Health and Safety at Work Act (1974) HASAWA
The UN Convention on the Rights of The Child (1991) CRC
The Disabled Persons Act (1986)

E2: Describe how each piece of legislation will influence working practices in the setting.

The Children Act (1989) influences the setting because this act believes that children should be “encouraged to make their own decisions, to be consulted and to be kept informed about everything that will happen to them” and this means that if the child is getting moved to a higher class or is going to get a new teacher/key worker that he/she must be told this information and explained to. It also aims to “work in partnership with parents and to protect the child from harm”, this means that the setting should take all necessary precautions to ensure that the child is protected from all harm. So this could mean putting a password on the door so that persons who are not authorised will not be allowed entry, this would protect the child immensely.

The Data Protection Act (1989) stated that “personal data shall be obtained only for one or more specific or lawful purposes this means that personal data about the child e.g. DOB, medical needs, and family/personal issues should not be shared with people who are not permitted a this could cause serious damage to the child physical and emotional as someone with a grudge against the child/family could use this information for spiteful reasons. This means that if a child is in danger that would be a reason to use their information, or if they are having an allergic reaction. I carry this out in my practice by not talking about children or their personal information outside of the practice or to other people.

The Health and Safety Work Act states that the setting must “set up emergency procedures”, this means that if a small fire was to occur in the setting then there would be a reasonable plan to follow. This plan could be forming a straight line away from where the fire is and quickly exiting through the fire exit and then once again forming a line outside the building. The plan could also include having a register to check if all the children are there and then once safe, calling parents and fire brigade. It also states that the setting should “ensure that appropriate safety signs are provide and maintained”. This means that if a certain part of the floor is wet then a big sign stating that the floor is wet should be immediately placed by the wet floor. This will ensure that no children, staff members or parents will cause damage to themselves by slipping because they would’ve seen the sign. I carry this out in my placement by always alerting a staff member immediately when a child has spilt their drink so that I or another staff member could clean it straight away.

The UN Convention on The Rights of The Child states that “Every child has the right to relax, play and take part in a wide range of cultural and artistic activities”. This means that in a setting children have the right to play with different toys and to paint and mostly to learn about different cultures whilst playing and relaxing. I carry this out In my setting by telling children about the different kinds of animals in the world.

The Disabled Persons Act states that “provision of aids and adaptations” this could mean that the setting has to ensure that if they have a disabled child or staff member that the setting caters for them. So if the child is on a wheelchair then the setting should ensure that all the doorways are wide for the wheelchair to get through, a place to store the wheelchair and also a high table for the wheelchair to fit underneath.

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

Policies and procedures are originally put in place to help safeguard children. For example in my setting we have a policy on behaviour, part of this policy is that no physical punishment should be used on children. In the human rights act it is stated that adults and children are entitled to the basic rights. By following this policy, this ensures that children learn better when they are safe, secure and healthy and also when they have encouraging and positive relationships with their carers or practitioners. To ensure that all food and drink that is consumed by children are healthy and safe, there is a health and safety policy put in place. In my setting we have a procedure to follow if a child gets hurt accidentally e.g. fell over in the playground. This procedure is that the person who saw the accident/incident has to write it up in the accident book and has to tell the manager or senior practitioner who would then ring the child’s parents or carers and tell them about it. If it serious or dangerous then we would request that the parents come in and take the child home, doctors or hospital. This procedure has to be followed at all times because if a child falls down and no one writes it up then that child could suffer a dangerous injury and no one would know about it until it is too late. To ensure that special needs children are not separate from other children because of their personal needs or disability, there has been a special educational needs policy put in place. Also in the special needs and disability act (2001) it is clearly stated that all practices should provide and make sensible adjustments to their building to accommodate a special needs child or a child with a disability. “Making sure your organization has policies and procedures in place for safeguarding and child protection:

protects children and young people from harm and abuse
enables staff and volunteers to know what to do if they are worried
Shows that your group is responsible and has pride in its work”.

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

This is a preview of the whole essay

protects children and young people from harm and abuse
enables staff and volunteers to know what to do if they are worried
Shows that your group is responsible and has pride in its work”.

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

To ensure that the setting is fair towards the parents and their children, you need to ensure that every child’s individual needs are met and handled efficiently as every child and their family are different in many ways. Being inclusive toward the children and their families could mean recognizing that some children may take longer to settle down and as a practitioner you should meet with the child’s carer and discuss the best way to help the child through the settling down period. The sex discrimination policy allows both genders - male and female – to wear the clothing of their choice, this presents fair, just and inclusive practice because the practitioners are not forcing their opinion upon the child. The equal opportunities policy is ensuring that every child is giving the same equal opportunity regardless of their gender, religion or beliefs; this is also promoting fair, just and inclusive strategies.

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

Giving and providing choices is a great way to empower children because you are giving them the responsibility of making their own choices. Asking them what they want to play with instead of just placing your own choice of toys out is showing them that you care about their opinion, thoughts and interests. This also makes them feel as if the practitioners are taking into account what they are feeling. It also helps them because if they make a mistake then in the future they will learn from that mistake and correct it. This strategy also give children a great amount of power and confidence because they are making their own choices Another strategy that we could use would be time. For example if children were allowed to just eat their snack whenever they wanted to rather than being told when they have to eat it and how long they have to eat their snack in it would give them more confidence and more responsibility. Time is very good because if children are limited to a certain amount of time for an activity then they may begin to feel pressured and lose confidence and self esteem whereas if they had no limit on time then they could be free to make mistakes and correct them and they will not feel pressured or cornered.

D2: Assess the effectiveness of the strategies which empower children to develop independence and self reliance.

Giving and providing choices is a very effective way of placing power upon children because you are allowing them to make their own decisions and their own mistakes therefore in time they will learn how to make better choices and they will eventually make less mistakes. It is also very effective because it is helping children determine right from wrong. Also they will have a sense of power which will then help make them more confident in general so they may begin to do things that they could not before. E.g. make friends. A problem that may occur with this type of strategy will be that children will be scared to make their own decisions in fear of being told of for making the wrong one so they will end up not making any choices at all. Making sure that children do not have a limit on their time is also very effective because it helps them to not feel pressured or lose confidence. A problem that may occur with this type of strategy is that this may cause disruptions for children’s home routine. For example if this strategy were to take place and then the children go home, they may feel as if they do not have to eat dinner at dinner time because when they eat at nursery they have not got a time to eat or how long they have to eat for. Another strategy that is effective would be challenges. Challenges are a great way to help children build up their confidence because if you set a child a challenge and they overcome the challenge, they will feel a huge sense of accomplishment and in the future they won’t be scared or nervous to try new challenges or achieve their goals in life.

E6: Give examples of how settings may prepare children for transfer or transitions

A transition means “change from one position, state or stage to another”. If a child was starting school then a way for the setting to help prepare the child would be to take the child and their carer/s to the schools for them to have a tour and also for them to meet their new teacher and classmates. This will help because when the child actually officially starts the school then they will not feel scared or nervous because they have already met the teacher before and they attempted to make friends also. A way that my setting prepares a child for starting nursery is that the child’s original teacher or someone they are familiar with could take the child to the nursery and let them spend a day in the nursery, this will help because the child will have someone familiar by their side but they would also be Also the setting could help the child to prepare for this by talking to the child one on one and asking them their thoughts and opinions meeting the new teachers and adapting to the new surroundings. A transition could mean that there has been a death in the family, whether a pet of human. A way to prepare a child for this would be to read them children’s stories that contain death, and also to sit down with the child and the child’s carer and slowly but efficiently explain to the child what has happened to that person or pet and where they have gone, depending on the child’s religion. Depending on the religion the child could also draw some pictures or where they think the person has gone. The setting could also put films on about deaths that are suitable for the child to watch.

D1: Explain the key issues relating to the practice which supports children to prepare for transitions

In their life children go through many changes including new homes, new families and loss of family members. Some children can cope with these changes maybe because when they were younger they had to go through many transitions e.g. new homes. To help children prepare for these changes, having the parents/carers closely involved will help hugely because then the child will know that they have close and positive people by their side and so they won’t feel as if they are being left alone. In the book “Attachment and Loss” Dr John Bowlby explains that children who have experienced a safe attachment: “ are more likely to possess a more representational model of attachment figure(s) as being available, responsive and helpful and a complimentary model of himself as a..Potentially loveable person. This child is likely to approach the world with confidence and, when faced with potentially alarming situations, is likely to tackle them effectively or seek help”. Another way to help children to prepare for transitions would be to present them with many opportunities to share their feelings on said transition. This is an effective way because then the child may have questions and they also may fear the transition therefore giving them a chance to openly share their feelings would be a great way for them to overcome their fear and nervousness. Another way to help children establish their confidence and self esteem for the transition would be to organize activities to help the child. For example if a child’s parents were expecting a new baby then the setting could help the child prepare by setting up a role play activity where the child and their friends could act out how it would feel to have a new baby in the family, also by doing this you would be able to see how the child really feels about the new addition to the family. Another activity you could do with the child would be asking the child if they would like to design a welcome card for the baby, this will help the child to get used to the idea of having a baby around.

E7: Explain the causes and effects of discrimination on children

Discrimination means that a person will be treated less favourably because of their race, financial status, gender, disability, religion or beliefs. If a child is being discriminated because of their race it can have an immense impact on their self esteem, self worth and confidence. It can also make them feel as if they are unworthy, unloved and also lonely. Some people may discriminate against other races because they believe that their own race is superior and other races are inferior to theirs therefore they will put people from other races down, so they would hurt them emotionally, mentally and physically. For children, being discriminated against can really bring them down emotionally. For example if a child has a certain religious attitude which means that they do not have to participate in Physical Education (PE), another child may be very jealous of that child and they may begin to dislike that child and also make that child feel lonely and lose confidence. Discrimination also harms the child as they grow older in life because if that child was discriminated against when they were younger, they may grow up to feel as if they are inferior to those around them, and they may not try new activities or make new friends in fear of them getting it wrong and being looked down on. If a child who has a disability e.g. dyslexia it would make them feel very isolated and different to the other children because children with special needs sometimes have a hard time trying to fit in with the other children. This can have several effects on the child for example, clinginess, withdrawal and these effects can sometime carry throughout life and also when they become an adult or teenager. “There are four main areas of potential effect of discrimination on children

Physical - signs of poor health may manifest. Subject could also imitate physical harm to self. E.g. Cutting, suicide attempts.

Emotional - Emotional scars seem to run deep and are not healed easily. Could become to believe that persecutors are right, leading to a loss of self worth. Could lead to physical signs of trauma.

Social - lack of friends, social exclusion, no one to talk to about interests or plans for now and the future. Being treated as though they don’t belong. Could lead to more emotional harm, physical harm, intellectual harm, etc.

Intellectual - Not wanting to learn, withdrawing from places of learning. Not wanting to be around others unsafe behaviours. (Silkysteps)

B1: Discuss how the causes and effects of discrimination may affect practice in the setting

Having discrimination present in your setting could have a huge impact on staff members, relationships between parents and also the children. If a child is discriminating against another child because of their religion, it may be because they have been taught to disrespect that certain religion and this can have an affect on the practice because when the parent of that child sees the other child they may request for that other child to leave however practices do not discriminate therefore it could cause issues and disruptions between parents and nursery practitioners. Also having discrimination present means that the practice’ s reputation would be harmed because parents will tell other parents how their child was being treated, then other parents may not want to send their child to the practice no more. As a practitioner you should not discriminate parents or their children as this will make some parents feel uncomfortable leaving their children with you. To ensure that you do not discriminate any parents, you should not make any judgements on a parent/s based on your personal view. Discrimination in a setting is not allowed under any circumstances because of the sex discrimination act (1975) and the disability discrimination act (1995). Another way to ensure that you do not discriminate against children and/or parents is to have a very good understanding of different cultures, religions and beliefs. Also this is a way to make parents of different ethnicities welcome into the practice because you can have posters/leaflets in different languages. If a child’s first language is something other than English then a way to make them and their parents feel welcome would be to have stories in their first language and to also do some activities that relate to their first language.

C1: Evaluate ONE (1) theoretical perspective which supports the development of strategies for empowering children

John Bowlby was a theorist who firmly believed that if a child is removed from their mother or loses contact with her in the first five years of the child’s life then the child could undergo dangerous effects. This is known as maternal deprivation. Bowlby stated that the consequences of this detachment from the mother would be the child’s language and intellectual development may fail to develop physically and mentally. Bowlby collected his evidence from a study he carried out which was on the subject of 44 adolescent delinquent juvenile thieves. He interviewed the 44 adolescents who were referred to a child protection program in London. He then selected an additional crowd of 44 children to perform as ‘controls’. These children were in a clinic as a result of emotional problems but have not committed any crimes. To help in his study, all the parents of the both groups were interviewed to find out whether or not they had experienced separation throughout the essential stage in their lives and if they had, how long the separation was for. At the end of his study he found out that more than 50% of the adolescent delinquents had been removed from their mothers for more than 6 months during the ‘crucial stage’ and in the control group, only two out of the 44 children were separated from their mother. He also discovered that some of the adolescent thieves (32%) had presented ‘affectionless psychopaths’; this phrase means that they were unable to care about or show affection toward others. All 44 children of the control group were free of ‘affectionless psychopath condition’. His theory supports ‘empowerment’ for the reason that if the practice knows that a child has not been in contact with their mother through the essential stage then they ought to permit the child to engage in individual activities in relation to separation. By allowing this to happen, the practice would be ‘empowering’ the child as well as supporting them and guiding them through the difficult time and their learning.

A1: Reflect on the influence of legislation on working practices within early year’s settings.

In my practice I enforce the Data Protection Act 1989 (DPA) by ensuring that I don’t tell other people outside of the practice any information about the children and/or their families including their name, DOB, their address or their medical needs. This contributes into keeping children safe and out of harm’s way and it makes sure that the wrong people do not get valuable information.

The Health and Safety at Work Act 1974 (HASAWA) means that practitioners should be aware of how they use equipment and whether or not they are using it correctly etc. This act also ensures that employers make certain that all of the equipment, toys and playhouses etc. are all harmless and safe. It also means that employers should ensure that all staff members are fully trained on how to use the equipment and are properly prepared.

The UN Convention on the Rights of The Child ensures that every child is entitled to safe food, drink and water, no matter where they come from, what they beliefs they have and what gender/sexuality they are. In my practice we enforce this by giving the children food and drink when they ask, at any time of the day children are allowed to have a glass of water. This is making sure that children are not denied their right to water.

BIBLIOGRAPHY

BETTERBUSINESSINCHILDCARE. Online. Available from

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UNICEF. Online. Available from

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SILKYSTEPS. Online. Available from

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SAFENETWORK. Online. Available from

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