Pttls_Legislation

This assignment describes the legislative requirements and codes of practice which are applicable in the Lifelong Learning profession and the importance, both for teacher and student, of meeting these requirements. Rules derived from Legislation have received Royal Assent and are enforceable through the court system. There are two types of Code of Practice: (i) a Statutory code of practice which has been approved by Parliament and is admissible in any legal action; and (ii) a Code of Practice which has been put in place by an organisation to outline how a person in a particular profession or situation is expected to behave. The Lifelong Learning profession has a duty to ensure all learners have a safe environment in which to learn and develop (Children Act 2004). The various Acts and Codes of Practice applicable to the Lifelong Learning profession seek to ensure this. Being aware of and meeting the legislative requirements is essential for the protection of both teachers and students. For example, this would include protection from discrimination (e.g. Race Relations Act 1976, Race Relation (amendment) 2000, Disability Discrimination Act 1995 and 2005), meeting the requirements of the Health and Safety at Work Act 1974 ensures a safe working environment and meeting the requirements of the Data Protection Act (1998) ensures that an institution processing information relating to individuals, including the obtaining, holding, use or disclosure of such information (Gravells 2008:19) does so within the correct legal framework. There are generic requirements which are relevant to all teachers within the Lifelong Learning sector. These include the following: Health and Safety at Work Act 1974, Race Relations (Amendment) Act 2000, Disability Discrimination Act 1995 amended 2005, Children Act 2004 (Every Child Matters) and Data Protection Act 1998 as amended 2003. Within my organisation, I work with young adults who, in some cases would be classed as ‘vulnerable adults’. A ‘vulnerable adult’ is defined by the “No Secrets” Government guidance as “a person aged 18 yrs or over, who is in receipt of or may be in need of community care services by reason of mental or other disability, age or illness and who is or may be unable to take care of him or herself or unable to protect him or herself against significant harm or exploitation” (Department of Health, No Secrets: Guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse 2000:8). The Children Act 2004 (also referred to as the Every Child Matters or ECM strategy) outlines some key aims for teachers in establishing a safe environment for learners. These are: (i) be healthy; (ii) stay safe (iii) enjoy and achieve; (iv) make a positive contribution; and (v) achieve economic wellbeing. Incorporating these aims into our teaching has a beneficial impact on our learners. Institutions within the lifelong learning sector must comply with the ECM and their performance against the 5 set criteria is judged by OFSTED (Francis and Gould 2009:9). For example, one of our learners has now progressed from living a life of crime (anti-social behaviour, school expulsion, drug-taking at an early age) to now living independently, undertakes voluntary work with our organisation and continues to achieve 100% session attendance and understands how his past behaviour has had an impact on himself and others. The Equality Act 2010 provides a new legislative framework to protect the rights of individuals and equality for all. The new Act updates and simplifies previous legislation to deliver a modern, accessible framework of discrimination law to protect individuals from unfair treatment and promotes a fair and more equal society. It is important to ensure that all learners are given equal opportunity to participate by ensuring that their individual needs are met. Teachers should consider the different learning needs within a group and be able to facilitate these needs equally. They must be treated with respect, understanding and fairness in order that they can understand the importance of treating each other in the same way, also embracing the accepted and expected behaviour necessary to achieve acceptance into the society in which they live today. One other piece of legislation which is applicable to my organisation is the Health and Safety at work Act 1974. This Act, 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. Part of my role involves the delivery of Health and Safety Level 1 which is a basic course covering workplace accidents, signs, risk assessments, emergency procedures and adherence to Health and Safety law in the workplace. Successful completion of this course is beneficial to the learner in their progression to employment or further education. In addition, this aids them in identifying risks and potential hazards which may be useful in their day to day living. Whilst legislation is an important factor in the Lifelong Learning role, Codes of Practice are equally as important. The Institute for Learning’s code of Professional Practice came into force on April 1st 2008 and it outlines the 7 areas of behaviour expected of its members. These are behaviours which benefit the learners, employers, the profession and the wider community. The Institute has investigatory powers where it has concerns about any member and can take appropriate actions to address any reported failings. There are various Codes of Practice exercised throughout my organisation. An example would be Codes which require the organisation and its staff to (i) treat everyone with respect; and (ii) encourage learners to feel comfortable enough to point out behaviour they do not like. Following these codes when working with vulnerable adults ensures we are able to provide the correct support, and that this is given within a safe learning environment, by competent and professional staff. In conclusion, the Legislation and Codes of Practice which are applicable to my organisation are a benefit not only to the Lifelong Learning profession but to education as a whole. If the necessary structures and procedures to implement the legislation and codes of practice are missing, this is likely to have a detrimental effect on the learning environment and outcomes for the learners. REFERENCES Department of Health, No Secrets: Guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse 2000:8 Francis and Gould 2009:9 Gravells 2008:19