Schools as Organisations 4

Laws and codes of practice affecting work in schools

There are laws and agreements prescribing the welfare of all pupils in the school setting and at home with their families. Children have the basic human rights to clean water and healthy food, to a safe environment where they can grow and develop and to wide and inclusive education so that they bring out their best.

The Human Rights Act 1998 does not only ensure the basic human rights that are matters of life and death like freedom from torture and killing, but also your rights in everyday life: what you can say and do, your beliefs, your right to a fair trial and many other similar basic entitlements.

The UN Convention on the Rights of a Child 1989 requires that states act in the best interests of the child and respect the basic rights of every child including the right to life, the right to have their name and identity, and right to be raised by their own parents within safe a family environment (or have relationship with both parents if they are separated). Children also have the right to express their opinions and to have those opinions heard and acted upon when appropriate. Furthermore, every form of capital punishment is forbidden for children.

The Children Act 2006 is aimed at improving the well-being of young children by imposing the duty on the Local Authorities to improve the “Every Child Matters” outcomes for the pre-school age group. The act also puts emphasis on the importance of safeguarding children and young people within an educational setting when prescribing policies to deal with the disclosure of child abuse and neglect.

Data Protection Act 1998 ensures the confidential handling of personal data about pupils and their families. Only information relevant to the child’s education is to be stored in the school and it has to be in a locked cabinet or password protected computer files. The Freedom of Information Act 2000 provides individuals with the right to access, check and correct any information that is stored about them at an institution.

The aim of the Disability Discrimination Act of 2005 is to deliver equality of opportunity to disabled people. In education it means the recognition of diversity and learner differences amongst pupils and the reduction to barriers for learning for disabled people.

How legislation affects the way schools work

The Education Act 2002 has provisions about the necessity of raising standards and emphasise innovation in schools. Guidelines for staffing requirements and child-adult ratio for different age groups are also laid down. It includes the necessary required qualifications for class teachers and teaching assistants. (Early Years…)

The Children Act 2004 encourages a healthier and more balanced lifestyle by promoting sports and healthy eating habits and widening children’s education in this area at Health Education and Drugs Awareness lessons. Furthermore, the introduction of breakfast clubs and a wider range of after school activities provide help to working parents and creates more connections between school and home life. (Every Child Matters, 2004)

School premises have to accessible to differently abled people according to the Special Education Needs and Disability Act 1995. In everyday practice, inclusion of disabled people means their access to the learning environment as well as to the curriculum. School staff has to be aware of these pupils’ condition and accept that as a consequence some things need to be done differently. Individual education plans can make it possible to involve SEN or disabled children in the normal school setting while paying attention to their individual needs and helping them make their way into mainstream education. Also, in an inclusive educational setting, disabled children’s hidden difficulties, e.g., pain, and their possible problems with auditory, visual or tactile skills, perception, memory or concentration, have to be appreciated and taken into consideration.

Role of the Health and Safety Executive in terms of the education system

The Health and Safety Executive’s task is to monitor all health and safety responsibilities. It includes carrying out regular risk assessment in the school premises and proposing changes where necessary. It is essential that all areas of the school are safe for children, who might be more negligent of risks and less aware of the importance of their own safety, depending on their age and level of development. Classroom furniture, specialised equipment for PE, Chemistry etc. and playground furniture all have to be in a satisfactory condition in order to avoid any accidents while learning or playing activities.

Part of Health and Safety Executive’s job is record any accident occurring in the school, whether to pupils, staff or visitors. If the accident happens to a pupil, the parents or carers have to be informed immediately. Whoever the victim is, and investigation has to follow to decide whether it has been anybody’s fault or a risk assessment has to be carried out to find any faulty equipment.

Health and Safety Executives have to make sure that health and safety policies are followed by the staff at all times, keeping up their awareness of these issues and providing training and guidance where required. It might be required of them to train the rest of the staff about the policies or organise a tutor to carry out the training session and make sure everybody is clear about their responsibilities. The Health and Safety Executive’s task is to monitor the day-to-day application of these policies and call attention to any negligence that can potentially cause hazards to anybody in the premises.

Role of school specific regulatory bodies

The Office for Standards in Education (Ofsted) is an independent and impartial organisation that inspects and regulates the educational and child care institutions and reports directly to the government. They carry out hundreds of inspections every week and all results are published on their website. They provide help to educational settings that have not reached the required standards yet in improving their services. (Ofsted Website)

The General Teaching Council’s task was to regulate the teaching profession, promoting high standards in education. They published the “Code of Conduct and Practice for Teachers” and convened panels of the GTC had the power to issue reprimand on basis of misconduct. Since March 2012 its function has been taken over by the Teaching Agency. (General Teaching Council for England)

The Independent Schools Council is a non-profit organisation that represents more than 1200 schools in the independent education sector, assisted by a expert advisors of specific areas. The ISC aims to protect the sector promoting their interests in the political arena, provides legal and regulatory guidance for the sector and online access to sector and school information to inform parental decisions.

Reference list

Early Years Foundation Stage Staffing Requirements in England: Advice and Guidance for NUT Members. Accessed 15/02/2014
<www.teachers.org.uk>

Every Child Matters: Change for children in Schools. 2004. Accessed 15/02/14
<http://dera.ioe.ac.uk/7670/1/DFES-1089-200MIG748.pdf>

General Teaching Council for England. Wikipedia. Accessed 15/02/14.
<http://en.wikipedia.org/wiki/General_Teaching_Council_for_England>

Independent Schools Council Website. Accessed 15/02/2014. < http://www.isc.co.uk/>

Ofsted Website. Accessed 15/02/14. <http://www.ofsted.gov.uk/about-us>