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An introduction to legislation, guidance and policy - Coggle Diagram
An introduction to legislation, guidance and policy
The legislative process
Legislation is made by the UK Parliament.
Implemented by individuals and organisations through...
Duties
actions that they are required to undertake
indicated by the words ‘must’ or ‘shall’
Powers
actions they may decide to undertake
indicated by the word ‘may’
There is a broad legislative framework consisting of...
1. Acts of Parliament, or statutes
Laws made by Parliament
Known as ‘primary legislation’
Once Parliament has passed an Act, statutory instruments are used to fill out the details of that Act, such as procedures or timescales.
2. Statutory instruments
Regulations, orders and rules
‘Secondary legislation’
Same legal force as Acts of Parliament
content of statutory instruments is normally prepared by Government Departments
3. Statutory guidance
Support for statutory instruments
Sets out what schools must do to comply with the law
Some guidance that must be followed without exception
Some guidance has room for flexible interpretation
Important example:
Special Educational Needs Code of Practice 2015
4. Non-statutory guidance
Guidance issued by public bodies (e.g. DfE)
Not legally binding
Examples
Length of the school week
School uniform policy
National curriculum framework for religious education
Key laws relevant to education settings
The Health and Safety at Work Act 1974
Affects the management of health and safety in every workplace
In education settings, this includes pupils.
If an activity or process is too risky, scrap or change it.
The Management of Health and Safety at Work Regulations 1999
Employers carry out risk assessments to reduce or completely remove risks in the workplace
Other regulations
Control of asbestos
First aid
Hazardous substances
Display screens
Fire safety
Equality Act 2010
Single, consolidated source of discrimination law
Education settings cannot unlawfully discriminate against staff or pupils with ‘protected characteristics’
Age
Gender reassignment
Marital or civil partnership status
Being pregnant or on maternity leave
Disability
Race, including colour, nationality, ethnic or national origin
Religion or belief
Sex or sexual orientation
Applies to all school employees (incl. TAs)
Children Act 2004
Requires anyone who works with children to know how to look after them
Requires that arrangements are made to...
Allow children to be physically and mentally healthy
Help them to be happy and to enjoy life
Ensure that children are safe, and help them succeed
Support an economically stable future for children and make a positive contribution to their lives
Data Protection Act, 2018
Designed to protect personal data stored on computers or in paper filing systems
Guidance information and advice
Key documents
Promoting and supporting mental health and well-being in schools
Keeping Children Safe in Education
Behaviour in schools
The Prevent Duty guidance
Local authorities and education settings
Policies
All staff must adhere to these
Procedures
Processes