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Explain how legislation affects how schools work

Data Protection Act 1998

Rather than worrying about what information can and cannot be given out, it is safest

to assume that no information of any kind about pupils and their families should be

given out to anyone who is not authorised to have it. If you are unsure about whether

or not someone is authorised, it is safest to assume that they are not.

With this in mind, you can assume that all information about pupils and families

should be considered confidential, and must not be shared with others without

parental consent. This applies even if the pupil thinks it would be okay to tell other

people.

If you have a role that requires you to discuss a pupil with other professionals, you

must be able to differentiate between information those professionals need, and

information that they do not require. For example, talking with an educational

psychologist about the educational progress of a child with autism, you do not need

to inform that psychologist about the time you came across the child's mother sat on

a park bench, crying because she felt powerless to help her child. You could however,

perhaps say that you believed the mother felt she was un-empowered to help her

child at times.

The subtle differences between what you can and cannot reveal about a pupil are

difficult to negotiate, but the more you work within the remit of The Data Protection

Act, the easier it will become. See the video below for more information on the Data

Protection Act:

Did you know?

The very first piece of legislation for education that was created in the UK was the

1870 Education Act. It demonstrated a commitment by the government to national

provision for education, and established a system that used elected school boards to

set up and manage schools in areas they were needed. Education was not yet

compulsory, but by 1876 the recommendation for compulsory education had been

made by the Royal Commission on the Factory Acts, to ensure that child labour could

be prevented.

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The UN Convention on Rights of the Child 1989 (UNCRC)

The articles in the UNCRC that relate to education and schools mean that certain policies and actions must be taken by schools in particular situations to ensure they are compliant. For example, Article 2 states that children have a right to protection from any form of discrimination. This means, for example, that if a teacher or member of staff witnesses bullying, they are duty-bound to deal with it immediately.

Article 28 states that all children have an equal right to education. This means that they cannot be turned down by a school on the grounds that their needs are too complex, or because the school doesn't currently have any member of staff who speaks the same first language as a particular child. The Education Act 2002

Community cohesion is about strengthening the glue that holds communities together. The Education Act 2002 brought in quite a few changes and additional amendments in 2006 meant that schools must now work with community-based organisations to develop a shared sense of belonging through the links forged. This demonstrates that they value the contributions made by different groups within the community, promoting a shared sense of belonging and a better appreciation of the benefits of diversity.

Keeping children safe in education July 2015.

Safeguarding and promoting the welfare of children is defined as:

Protecting children from maltreatment; preventing impairment of children’s health or development; ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and taking action to enable all children to have the best outcomes. Everyone who comes into contact with children and their families has a role to play in safeguarding children. School and college staff are particularly important as they are in a position to identify concerns early and provide help for children, to prevent concerns from escalating. Schools and colleges and their staff form part of the wider safeguarding system for children. This system is described in statutory guidance Working Together to Safeguard Children 2015. Schools and colleges should work with social care, the police, health services and other services to promote the welfare of children and protect them from harm. Each school and college should have a designated safeguarding lead who will provide support to staff members to carry out their safeguarding duties and who will liaise closely with other services such as children’s social care. Knowing what to look for is vital to the early identification of abuse and neglect. If staff members are unsure they should always speak to the designated safeguarding lead. In exceptional circumstances, such as in emergency or a genuine concern that appropriate action has not been taken, staff members can speak directly to children’s social care.

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The Freedom of Information Act 2000

Although, under the Freedom of Information Act 2000, schools (along with lots of other public sector companies) have a duty to deliver advice and assistance to anyone who requests information from them, they do have to walk the line between confidentiality and freedom of information. Where information is confidential, they must protect it from enquiries. Schools have guidance through the DCSF that advises them what to do when information is requested. In most organisations, a specific person or team is responsible for ensuring that the right information is provided on request.

The Human Rights Act 1998

Key to the subject of schools is the provision of the Act that states 'it is unlawful for a public authority to act in a way which is not compatible with a Convention right'. This means that if a public authority (school, hospital, health service, social service, etc.) acts in a way that is not in line with the Convention, they are breaking the law.

Articles that are directly related to school and education provision include Article 2 of Part II: the First Protocol. This is the right to education, although it doesn't state that a child can go to a specific school of their choosing. Article 8 states that there is a right to respect for private and family life, and Article 10 says that there is a right to have freedom of expression. The Act does allow for pupils to be restrained if it is necessary in order to protect the rights of others and to prevent crime or injury. Every school and local authority should have a policy on restraint, and you should read those that are relevant to you so that you are aware of the guidelines around the use of restraint.

The Special Educational Needs (SEN) Code of Practice 2001

The SEN Code of Practice states that parents and children with SEN have a right to access mainstream education. Since it was first implemented, more children with SEN have been included in mainstream schools, and more individual support assistants are now employed in order to support those children. Teachers and support staff have also been able to access more training around managing pupils with a greater range of needs.

The Disability Discrimination Act 1995/2005 and Equality Act 2010

The Disability Discrimination Act 1995 and later legislation that ensures equal access for all means that all new schools built after 1995 must make schools accessible for pupils with disabilities. This means that they must have ramps, lifts, and disabled toilets. Schools built before the Act do not have to comply unless they have new blocks or extensions built onto existing buildings. The Act also means that all aspects of school life should be accessible to pupils with disabilities, and this includes school trips as well as any other outside provision. All of the legislation above is available in one form or another on the web, and you should improve your research skills by looking for it, reading relevant parts of it, and inwardly digesting it.