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Current Legislation for Home Based Childcare
There is legislation in place to make sure children are not abused or exploited. The following gives a brief overview of the current legislation.
Equality Act 2010This act was designed to compress previous laws into one that was less complicated and to remove any issues between the old laws.
There are nine protected characteristics of which four apply to childcare. They are disability, gender, race and religion/beliefs
Children Act (1989)The Childrens Act was introduced to simplify laws and was the first law to recognise childrens rights in the UK. The act is designed to protect children who are at risk of abuse or are already suffering from abuse. You must take some key points into consideration when implementing the act which the main one being 'the needs of the child are paramount'.
Children Act (2004)This is the most important act as it outlines the five outcomes from the 'Every Child Matters' green paper. It has been updated from the Childrens Act 1989.
be healthy
stay safe
enjoy and achieve
the making of a contribution by them to society;
social and economic well-being.
This act also states that local authorities have a responsibility to ensure the educational achievement of children in there care
Childcare Act (2006) The act introduces the Early Years Foundation Stage (EYFS) in England. The Early Years Register and the General Childcare Register providing a regulatory framework for childcare.
The UN Convention on the Rights of the Childminder
This piece of legislation states 54 rights that chidren have including the
right to protection from abuse
right to live
right to a name
These are just a sample of those rights and childcare providers should adhere to all rights of the child.
Human Rights Act (1998)
The act aims to protect every person in society and keep society fair and equal and states the everyones basic human rights.
Data Protection Act (1998)It protects sensitive and personal data regarding a child being published without a persons consent. It also covers how data is stored, obtained, recorded and disposed of. Parental consent must be obtained to pass on information regarding children.
Protection of Children Act (1999)The Act states that the Secretary of State shall keep a list of individuals who are considered unsuitable to work with children.
Special Educational Needs and Disability Act (2001)This act protects disabled children from discrimination, and it requires that reasonable adjustments must be made to services, provisions and/or premises so that there is no disadvantages between children.
Health Protection Agency Act (2004)The Health Protection Agency is a dedicated public body and has numerous functions in relation to health, including the prevention of the spread of infectious disease.
Control of Substances Hazardous to Health (COSHH) Regulations (2002)COSHH deal with anything that can be classed as hazardous to health, this can include things such as chemicals, paint or even the stuff everyone has under the kitchen sink.
Code of Practice for First Aid (1997)The Act covers the requirements for people trained first aiders and shows people what the legal responsibilities are.
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) (1995)This act specifies the kind of accidents and incidents that happenand those that are required to be reported to RIDDOR.Public Health (Control of Disease) Act (1984)
This act states the need for notification and possible exclusion periods for certain infectious diseases. Exclusions for children include exclusion from schools, places of entertainment or assembly.
Education Act (1997)This Act combines all the acts since 1944. It indentifys childrens needs and right to an education.
Food Safety Regulations (1995)
It is not a legal requirement to have a food safety certificate but it sets out basic food hygiene and storage of critcal foods e.g. chicken or milk
Role of Regulatory Bodies
The regulatory bodies in the UK are
Ofsted (England)
Care and Social Services Inspectorate Wales (CSSIW) Standards (Wales)
Scottish Commission for the Regulation of Care (Scotland)
Local Health and Social Services Trust (Ireland)
The regulatory bodies have systems to make sure that all children get the best possible welfare and developmental requirements outside of there home environment.
All home based childcare providers must register with the local regulatory body. They enforce the Eartly Years Foundation Stage (EYFS) as well as inspecting the childcare setting to ensure it is suitable. They can help by issuing documents to keep the business updated. They will also follow up any complaints made against the childcare provider. Regulatory bodies can take action against the childcare provider or setting if it does not meet the standard of care for the children.

