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Summarise the laws and codes of practice affecting work

in schools

Just like any other organisation, schools must function within the law. Some laws

affect them more than others, and in order for you to understand why they must do

certain things, or why specific policies and procedures have to be written and made

available to the public, it is a good idea for you to get an overview of the pieces of

legislation that affect schools the most.

The Data Protection Act 1998

Under the Data Protection Act 1998, Information can only be kept and used for the

purpose intended. This means, for example, that if parental emails are collected for

the purpose of sending them information about school trips, those email addresses

should not be used to help sell off school gym equipment, or similar.

Protected, personal information should be kept on-site at all times. If it is paper-

based, it should be kept locked in filing cabinets. If it is electronic, it should be

password-protected; at the very least, the computer should be password-protected,

but it is a safer scenario to ensure that files with personal information should also

have passwords.

Laws directly affects school working practice.

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The UN Convention on Rights of the Child 1989 (UNCRC)

The UNCRC was created in 1989, but was not ratified in the UK until 1991. Although

there are 54 articles in all, below are those that relate directly to schools. Schools that

do not follow these in both letter and spirit, are breaking the law.

Article 2 – children have the right to be protected from any form of discrimination.

Article 3 – the primary consideration is the best interests of the child.

Article 12 – children must be allowed to express their views, and these should be

given consideration that matches the child's age and maturity.

Article 13 – children have the right to receive and share information, provided that it

is not damaging to others.

Article 14 – freedom of religion is a right that children have, but they should also be

free to question and examine their beliefs.

Article 28 – all children have the equal right to education. Article 29 – children's education should develop each child's personality, talents and

abilities to the fullest. They should also learn to live peacefully, and respect others'

rights to do so, and to respect the environment.

The Education Act 2002

Education Acts are regularly updated and amended, but the Act in 2002 required

changes to school regulations, the way they are staffed, and their governance (the

policies, protocols and other high level ways of doing things).

It was further updated in 2006 to ensure that schools understand they have a duty

towards promoting community cohesion.

Childcare Act 2006

The Childcare Act was a pioneering piece of legislation. It is the first ever act to be

exclusively concerned with early years and childcare. The act has transformed

childcare and early years services in England, taking forward some of the key

commitments from the Ten Year Childcare Strategy, published in December 2004.

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Freedom of Information Act 2000

The Freedom of Information Act 2000 was brought into force in January 2005. The

idea behind it was to enable and promote accountability and transparency in public

sector organisations. No matter when the information was originally held, it can be

requested from an organisation at any time. This means it is a fully retrospective act.

Human Rights Act 1998

The 1950 European Convention on Human Rights was an international agreement

brought in after the Second World War, but it was not made a legal requirement. The

Human Rights Act in the UK allows individuals to have particular rights and freedoms,

as long as they are balanced against the rights and freedoms of others.

The rights that relate directly to schools include the right to education, the right to

respect for private and family life, and the right to have freedom of expression.

The Special Educational Needs (SEN) Code of Practice 2001

The SEN Code of Practice gives children with SEN an increased right to access

mainstream education if that is what they want. While some children may benefit

from specialist schools, many children with SEN have flourished under this Act, and

have joined mainstream education with relatively few difficulties. This has been

helped by subsequent legislation (see Disability Discrimination Act 2005 etc.).

Disability Discrimination Act 1995/2005/Equality Act 2010

The spirit of the Disability Discrimination Act and the Equality Act 2010 is that

education and schools should be equally accessible for all, including pupils with

disabilities. This refers to both physical access, and access in terms of being

accepted into the school body.