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What is the UN Convention?

The UN Convention on the Rights of the Child (UNCRC) is the basis of all of our work. It is the most complete statement of children's rights ever produced and is the most widely-ratified international human rights treaty in history.

What makes the UN Convention so special?

The Convention has 54 articles that cover all aspects of a child's life and set out the civil, political, economic, social and cultural rights that all children everywhere are entitled to. It also explains how adults and governments must work together to make sure all children can enjoy all their rights.

Every child has rights "without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status" (Article 2).

The Convention must be seen as a whole: all the rights are linked and no right is more important than another. The right to relax and play (Article 31) and the right to freedom of expression (Article 13) have equal importance as the right to be safe from violence (Article 19) and the right to education (Article 28).

We are the only organisation working for children recognised by the Convention.

The Convention is also the most widely ratified human rights treaty in the world. All UN member states except for the United States have ratified the Convention. The Convention came into force in the UK in 1992.

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UN Convention on the Rights of the Child - UNICEF UK

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The United Nations Convention on the Rights of the Child (UNCRC) is the basis for all of UNICEF's work and upholds children's rights all over the world.

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Legislation and Impact on Childcare Settings

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All organisations which handle personal information about individuals must ensure that they follow the guidelines set down by the Data Protection Act.

In addition to this, some organisations will need to be Data Protection registered with a governing body called the ICO. However, there is no need to register if you handle personal data only for core business purposes like record keeping, accounts and staff administration. To find out if this applies to you, click here.

The law surrounding Data Protection Act can be confusing, so here we have outlined the answers to some common questions.

The Data Protection Act (DPA) was brought into law in 1998 with the intention of governing the way that organisations process and manage data on living identifiable individuals. This data is often referred to as "Personal data".

Personal data is things like:

- Children's names, dates of birth, address, allergies and medical information

- Parents' names, addresses and bank details

- Staff information such as bank details, national insurance number and qualifications

What does the Data Protection Act consist of?

The DPA has 8 overriding principles that businesses must comply with:

- Data must be fairly and lawfully processed

- Data must be used for limited and specifically stated purposes

- Data must be adequate, relevant and not excessive

- Data must be accurate

- Data must not be kept for longer than necessary

- Data must be handled according to individual's data protection rights

- Data must be kept safe and secure

- Data must not be transferred outside of the European Economic Area (EEA) unless the country that the data is being sent to has a suitable data protection law.

Who can request access to personal data?

All staff members and parents have the right to access personal information which is being processed, stored, or relates directly to them. They also have the right to request changes to be made to personal information about them if the data you hold is not accurate or up to date.

In most circumstances, a childcare setting will need permission from the relevant individual if they wished to share personal data with an outside organisation. However, if a setting has a child protection concern, they are able to consult the relevant authorities without asking for the consent of the parents of that child.

All childcare settings should have a Data Protection Policy which outlines what measures they take to comply with the Data Protection Act. It should also describe what actions staff should take to take if they think there has been a breach, and how individuals can access information relating to them.

In addition, you will need to nominate a Data Controller. This is someone within your organisation who must apply to the ICO for permission to store and use personal data. Their job is to make sure that any processing of personal data at your setting complies with the Data Protection Act.

What should happen if a staff member thinks their setting breaches the DPA?

If a member of staff thinks that there has been a violation of these rules, they must notify the Data Controller as soon as possible and give them details of the breach. It is then the responsibility of the Data Controller to investigate and then either rectify or report any violations of the Data Protection Act to the ICO.

What penalties can I incur if I do not follow the principles outlined in the DPA?

Aside from your brand and reputational damage should personal information become lost or stolen, the Information Commissioner's Office can prosecute businesses. You can be liable for fines of up to £500,000 if it is found that your setting has seriously breached the rules of the DPA.

To find out more about Data Protection and how to comply, please visit the ICO website.
Worried about whether you're keeping children's details safe? Our management software will help you keep all personal details secure. Find out more about what our software can do!

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Data Protection: What your childcare setting needs to know

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All organisations which handle personal information about individuals must ensure that they follow the guidelines set down by the Data Protection Act. In addition to this, some organisations will need to be Data Protection registered with a governing body called the ICO.

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By: Lucy Debenham BA (hons) - Updated: 6 Mar 2018 | *Discuss

When the government published their Valuing People white paper in 2001, they clearly outlined their desire to protect and discourage discrimination against disabled, learning disabled and special needs people. It also wanted them to have the same life opportunities as other people, as well as achieving social inclusion within their community.

In line with these views, the Special Educational Needs and Disability Act 2001 was created to help establish legal rights for disabled and special educational needs children in compulsory and post-16 education, training and other student services. It extended the Disability Discrimination Act 1995 and sought to eradicate unjustified discrimination against students and adult learners that are disabled, making such cases of discrimination unlawful. The Disability Discrimination Act 2005 fortified this move by ensuring that public authorities were given a duty to promote and reinforce equality for disabled people.

Brief Summary

The Disability Discrimination Act (DDA) 1995 legislated that it is against the law for goods, services and facility providers to discriminate against disabled people by treating them less favourably due to their disability. If someone is adamant that this sort of discrimination is justified, they would be required to show why such action should be regarded as reasonable. The DDA 1995 did not, however, extend as far as encompassing education providers. The Special Educational Needs and Disability Act 2001 was created in order to tackle discrimination in this sphere and extend the DDA 1995.

Under the Special Educational Needs and Disability Act 2001, schools, colleges, universities, adult education providers, statutory youth services and local education authorities were required to make the same sort of reasonable adjustments for disabled people as stipulated in the DDA 1995. The aim of including these groups, organisations and bodies in the Act was to ensure that disabled people were offered the same opportunities and choices as those in mainstream society. It was also designed to make sure that where possible, disabled people have the right to be able to work at their fullest capacity and have the chance to fulfil their potential.

What Are Reasonable Adjustments?

In order for some disabled people to have access to an array of educational services, they may need special provisions made. The Special Educational Needs and Disability Act requires that disabled people are not suffering significant disadvantages in balance with other non-disabled people.

The reasonable adjustments made vary from individual to individual - in some cases it may be extra equipment for a physically disabled person, or in the case of a learning disability, it may be a provision in the form of a member of specialist support staff, or changes to timetables, course requirements, or providing alternative teaching and learning materials.

The Act covers many areas of student services, from access and provision of learning resources, exams and assessments and arrangement of work placements. So to summarise, the Act basically describes reasonable adjustments as alterations to normal practices and procedures, alterations to physical features and the provision of extra support.

Exemptions

In some cases, allowing for these reasonable adjustments may not include the provision of extra support and the changing of physical features. A child that is thought to have special educational needs will already have been provided for in the guise of a School Action Plan or Statement of Special Educational Needs, which outlines the needs and provisions that the child requires. Depending on the child's needs, these assessments can influence admission to certain state schools.

It's also worth noting that schools are currently collating long-term plans in relation to improving access for the disabled.

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We suggest you speak with your local MP or someone with influence who can initiate an investigation into this.

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The Special Educational Needs and Disability Act

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By: Lucy Debenham BA (hons) - Updated: 6 Mar 2018 | *Discuss When the government published their Valuing People white paper in 2001, they clearly outlined their desire to protect and discourage discrimination against disabled, learning disabled and special needs people.

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Your Local Safeguarding Children Board has been set up by the local authority. It has strategic role to play in protecting children in your area. This page tells you more about these boards.

What is the role of the Local Safeguarding Children Board?

A Local Safeguarding Children Board (LSCB) is a multi-agency body set up in every local authority. Each LSCB has an independent Chair, that is, someone who doesn't work for social services. However the Chair will work closely with the Director of Children's Services.

The role of the LSCB is to:

coordinate what is done by everyone on the LSCB to safeguard and promote the welfare of children in the area

make sure that each organisation acts effectively when they are doing this.

The LSCB publishes policies and procedures for child protection in their area.

What organisations are represented on the LSCB?

As well as the local authority, other organisations are represented on the LSCB. They include:

the police

health services

probation services

the local youth offending team

in England, CAFCASS (Children and Family Courts Advisory and Support Service)

in Wales, CAFCASS CYMRU (Children and Family Courts Advisory and Support Service).

The LSCB can also include representatives from other people or organisations in the community if their activities relate to children, for example, the NSPCC or Barnados.

LSCB policies about child protection

Each LSCB must draw up their own procedures for dealing with child abuse,in line with legislation and government guidance. Because of this, procedures for dealing with child abuse may be different in different local authority areas. You can get a copy of your local procedures from the local authority child protection team. Also most LSCBs have their own websites where you can download information about local policies.

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Your Local Safeguarding Children Board has been set up by the local authority. It has strategic role to play in protecting children in your area. This page tells you more about these boards. A Local Safeguarding Children Board (LSCB) is a multi-agency body set up in every local authority.

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By: Jack Claridge - Updated: 12 Oct 2020 | *Discuss

The Children Act 2004 provides the legal basis for how social services and other agencies deal with issues relating to children.

These guidelines have been laid down so that all individuals who are involved in the looking after children, be it in the home, the work place, school or other locale are aware of how children should be looked after in the eyes of the law.

Principles of the Act

The Children Act 2004 was designed with guiding principles in mind for the care and support of children. These are:

To allow children to be healthy

Allowing children to remain safe in their environments

Helping children to enjoy life

Assist children in their quest to succeed

Help make a contribution - a positive contribution - to the lives of children

Help achieve economic stability for our children's futures

This act was brought into being in order for the government in conjunction with social and health service bodies to help work towards these common goals.

The Children Act 2004 provides the legal underpinning to 'Every Child Matters: Change for Children' (2004). In response to the Children Act 2004 there have been some structural changes. From April 2006, education and social care services for children in each local authority have been brought together under a director of children's services.

Key Areas of the Act

Several key areas of the Children Act 2004 which are - again - in the throes of reform are the levels of Inter-Agency co-operation when it comes to matters relating to the well being of children. This particular element of the Children Act ensures that any agency that is aware of the maltreatment of a child - or the misconduct of a child's legal guardian - should make their findings known to other agencies that might have a hand in the protection of a child who would normally go unmonitored.

The Children Act 2004 also deals with Children's Trusts; bodies that have been set up independently of Health and Social Services and other government agencies as a means of introducing co-operation not only between these agencies but between teachers parents, guardians and children alike who would normally be dismissive of intervention from outside sources.

In addition to this the Children Act 2004 also made provision for a Children's Fund; this fund is designed to aid in the eradication of poverty and financial hardship felt by underprivileged children or children who's family's financial circumstances leave them disadvantaged.

The idea of the Children's fund is to ensure that children between the ages of five and thirteen are in regular attendance at school. The fund also helps to reduce the risk of crime carried out by children between these ages and to try - where possible - to ensure that these children have the best possible start in life.

Again all of these remits fall tightly under the umbrella of the Children Act 2004 and all of them are required by law to be carried out to their fullest in order to ensure - and provide - the best and most accurate levels of care and protection.

This is, of course, not to say that Social Services and other government bodies have taken to interfering in the lives of many British citizens but the systems are in place to ensure that those who need to benefit from them do so in a way that is none intrusive and as relaxed as possible.

The Children and Young Person Act 2008

In addition to the Children Act 2004 the government has also introduced The Children and Young Person Act 2008. The main purpose of The Children and Young Person Act 2008 is to extend the existing framework of children in care in England and Wales and to make sure the care they receive is well supported, of high quality and tailored to their needs.

The act also aims to improve the stability of placements for children and young people in care whilst also improving their educational experience and achievements'.

If you would like more information on the Children Act 2004 and its subsequent reforms your local Social Services department and/or Local Education Authority (LEA) will be only too happy to help.

Find out More

For more information on child welfare and protection have a read through our articles on Child Welfare When Working With Kids and also Child Protection and Working With Children.

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This sounds alike an essay question to me. Therefore, you would have to do your own research into the answers. I hope you get good marks!

WorkingWithKids - 2-Dec-15 @ 2:00 PM

The Children's Act 2004, still stands. If there have been any changes made to legislation you can find them via the gov.uk link here. I hope this helps.

WorkingWithKids - 4-Nov-15 @ 11:48 AM

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By: Jack Claridge - Updated: 12 Oct 2020 | *Discuss The Children Act 2004 provides the legal basis for how social services and other agencies deal with issues relating to children.