Foundation Degree Values and Diversity Understanding Legislation Lecturer: Laura Griffiths

Lesson Objectives: By the end of this lesson you should be able to…. Discuss legislation in more detail Make specific links from the legislation to your own practice.

Introduction: “Childcare legislation is of paramount importance in our society today”. “Existing legislation will not stop discrimination, but does provide a framework for dealing with those individuals who may abuse the laws”. (Evans and Lloyd-Jones, 2008, p.2)

UNCRC 1989 The UNCRC 1989 is an agreement on human rights that clearly states that children are entitled to rights and that governments are obliged to fulfil those rights. (Evans and Lloyd-Jones, 2008)

The Convention was originally adopted by the General Assembly of the United Nations in November 1989. The UK Government agreed to be bound by it in 1991. The UN Convention has now been ratified by 191 different countries. (Evans and Lloyd-Jones, 2008) The Welsh Government adopted the Convention as the basis for policy making for children and young people in Wales in 2004. (WG, 2014, p.1) Ratify – Given formal consent too.

Main principles of the UNCRC every child, regardless of their race, colour, language, sex, religion or disability, should be protected from every kind of discrimination (Article 2). everyone dealing with children and young people should ensure that their primary consideration shall be to provide them with the protection and care which they need (Article 3). every child has the right to life survival and development (Article 6). every child or young person has to be given the opportunity to say what they think and be listened to (Article 12).

Task: Using your hand-out, in small groups read over the articles of the UNCRC and discuss their content. Identify which articles are implemented within your own setting and how they are implemented.

The Curtis Report 1946 “Following the death of Dennis O’Neill at the hands of his foster father in 1945, due to child abuse, a committee was set up, headed by Maria Curtis, to consider ‘The Care of Children’ (The Curtis Report 1946)”. The committee then investigated all forms of child care provision, by both the state and voluntary sectors. Following this, the1948 Act made local authorities responsible for childcare. (Evans and Lloyd-Jones, 2008 p.12)

The Children Act 1989 Childcare law was then brought together by the Children Act 1989. This Act aims to ensure that the welfare of the child is paramount. It aimed to work in partnership with parents and to protect the child from harm. The Act was intended to strengthen the child’s legal position and to give him/her equal rights, feelings and wishes. It also encourages children to make their own decisions, to be consulted and to be kept informed about everything that will happen to them.

The Children Act 1989 The Children Act 1989 can be clearly and closely linked to other Acts which include The Protection of Children Act 1999 Leaving Care Act 2000 Adoption and Children Act 2002 Crime and Disorder Act 1998 Care Standards Act 2000

The Children Act 2004 Following the death of Victoria Climbe in February 2000 The Children Act 1989 was revisited and strengthened. The Act aims to further improve children’s lives and gives the legal underpinning to a document called ‘Every Child Matters’. being healthy staying safe enjoying and achieving making a positive contribution achieving economic well-being.

The Children Act 2004 This Act represents a radical updating of UK Care Systems The services regulated under this Act extend to all child care services in Wales for instance: day care statutory and private, childminding, children’s homes, fostering and adoption services

Task: Working in small groups identify the key aspects of The Children Act 1989 and 2004. Relate them to your own practice. Where can you make links?

Sex Discrimination Act 1975 The Sex Discrimination Act 1975 makes it unlawful to discriminate against an individual on the grounds of gender and marriage, and promotes sexual equality within : employment education advertising provision of housing goods, services and facilities.

Sex Discrimination Act 1975 Sex Discrimination can happen both directly and indirectly: Directly Treating an individual differently because of their gender. Particular groups are treated, or will be treated, in a less favourable way than those from others. Indirectly This kind of discrimination is sometimes harder to spot. On the surface everyone in a group is being treated the same but a particular requirement, policy or rule may disadvantage one group covered by discrimination law in comparison to another.

Identify – Indirect or Direct Rob, a family day care coordinator, is reviewing the admission policies and the waiting list for the service. Recently he has had some difficulty with a Greek family who were not satisfied with his service. He thinks that Greek families are very difficult to deal with and decides to put any applications from a Greek family for child care at the bottom of the waiting list. Sami is in a wheelchair and requires after school care. The entrance to the out of school care centre has three steps and the doorway is narrow. To access the centre’s service everyone must be able to get up the steps and go through the doorway. That requirement is the same for everyone, Sami is not able to get into the centre and therefore not able to attend the service even though he and his family would like to participate.

The Disability Act 1995 Until 1995 there was no legal protection covering those who have disabilities. The Act provides disabled people with equal and fair opportunities. The Disability Act 1995 aimed to end discrimination against disabled people by providing them with the same

Task. Using what you have learnt today and the research you completed last week, narrow down your legislation search and decide upon the legislation you would like to discuss within your PowerPoint Presentation.

References: Evans, E and Lloyd-Jones, C. (2008) Childcare and the law: A Guide to Legislation. Cardiff: UWIC Press Welsh Government. (2014) United Nations Convention on the Rights of the Child (UNCRC). [Online] accessed 30th September 2014. Available at: http://wales.gov.uk/topics/childrenyoungpeople/rights/uncrc/?lang=en