HOW CURRENT AND RELEVANT LEGISLATION AND POLICY AFFECTS WORK WITH CHILDREN AND YOUNG PEOPLE.
current and relevant legislation and policy affects work with children and young people.
| ||
Children Act 1989, 2004 is one of the first pieces of legislations to recognise that the needs of the children are important. This Act first came part of the legislation framework in 1989 and was designed to ensure that all the local authorities are providing equal standards of care and support to children/young children and their families. The act also includes the support of children who are disabled and when they reach the age of 18 they will come under the NHS and community care act 1990[1].
All of the policies and procedures by which I work are defined by The Children's Act 1989 which legislates for England and Wales and from which we ensure that our Safeguarding measures, Employment & induction rights, Health and Safety policies and Child protection procedures follow the relevant legislations. As a children’s residential home we have to follow The National Minimum Standards and it is these standards by which we are inspected through Ofsted. The Children’s Act went through a review in 2004 and following this, The Children’s Act 2004 came into place. A children's commissioner for England A director for children's services within each local authority A duty on local authorities and their partners, including the police, health service providers, youth justice teams to cooperate in promoting the well-being of children and young people and have arrangements that safeguard and promote their welfare[2].
Current and relevant legislation and policy affects work with children and young people by being involved in decision-making and also organisations and services that involve children and young people will benefit from their involvement. Children and young people may gain new skills and confidence and make a real difference in something that matters to them. Agencies may gain a better understanding of what makes an effective service for children and young people or will build stronger relationships with the young people they work with[3].
The impact of social care standards and codes of practice on work with children and young people.
Social care standards are very important in the sector. They Provide guidance for induction, training and development opportunities to social care workers to do their jobs effectively and prepare for new and changing roles and responsibilities. They contribute to the provision of social care and social work education and training, including effective workplace assessment and practice learning, supporting staff in posts subject to registration to meet the GSCC’s eligibility criteria for registration and its requirements for continuing professional development and responding appropriately to social care workers who seek assistance because they do not feel able or adequately prepared to carry out any aspects of their work[4]. Standards and codes of practice have had an impact on training and development within the work role. For example within our work place we are required to complete core training as part of the employment conditions, this core training includes :
• Health and safety,• Fire safety,• Administration of medicines • Report writing • Food handling• Physical intervention• Risk assessments• Drugs and other substances • Diversity and equality• Self harm awareness• First aid In addition to this core training we are required to complete FFG, Training this will give new employees the understanding of their work role and the codes of practice set out by government legislation and company policy. When this training is completed the employee can then go on to gain a level 3 diploma qualification in working with children and young people. The purpose of all this training is to ensure people who work in social care are fully trained and educated in the needs and rights required by the young people their care. Over the years in the care industry there have been serious failings like the case of Baby P and Victoria climbe, such cases have lead to enquiries and subsequently improvements in the standards of care of children and young people. Codes of practice have been formed and these codes act as guidelines for all carers to follow to ensure their needs are met and all young people are cared for correctly.[5] | ||
The importance of the United Nations Convention on the Rights of the Child (UNCRC).
It constitutes a common reference against which progress in meeting human rights standards for children can be assessed and results compared. Having agreed to meet the standards in the Convention, governments are obliged to bring their legislation, policy and practice into accordance with the standards in the Convention[6].
The UNCRC defines the child as a person under 18 years of age. It acknowledges the primary role of parents and the family in the care and protection of children, as well as the obligation of the State to help them carry out these duties. The UN Convention consists of 41 articles, each of which details a different type of right. These rights are not ranked in order of importance; instead they interact with one another to form one integrated set of rights. A common approach is to group these articles together under the following themes:
The UN Convention includes four articles that are given special emphasis. These are also known as ‘general principles’. These rights are the bedrock for securing the additional rights in the UN Convention.
| ||
The responsibilities of a corporate parent, a professional carer.
| ||
Corporate Parent:
Corporate Parenting is the term used to describe the responsibility that all Local Authorities, and their partner agencies, have to children and young people who are in their care. This responsibility will fulfil some, or all, [ of the traditional parenting role and can happen on many levels from decisions about their day to day care through to decisions about where a child will live and which
School they will attend[8].
A corporate parent is a term used to describe the collective responsibility of the council towards looked after children and care leavers whether they are subjected to supervision rights, live at home with their family, in foster care or in residential schools or care homes.
They have a responsibility to look after any child in their care as any parent should look after their own child. They have to promote the welfare, health, education, social and emotional needs of looked after children and young people. To do this they need to work with relevant agencies with the focus being on improving the child’s life by supporting and making decisions on behalf of the child with the best interests of the child coming first. They can also work in partnership with carers to help build their parenting skills[9].
Professional Carer A professional carer is the term used to describe an individual who has trained to care for people or persons, such as a social worker, care worker, nurse, foster carer, adoptive parents. The responsibilities of a professional carer depends on what type of professional carer they are for example, a social worker, home carer or personal assistant or registered nurse. They are responsible for direct care or to ensure that the vulnerable person is being cared for to an acceptable standard. Professional carers have a variety of trained skills such as first aid, nursing, counselling or driving. They can help with cooking, cleaning, personal care, and driving, medical care such as help with injections or change of dressing, shopping and banking and giving support to general day-to-day tasks.[10]
Professional Carers can be employed within the statutory, voluntary and private sector, again professional carers (i.e.) foster parents/ fee paid carers or emergency foster carers have a responsibility to provide a duty of care to safeguard and protect the welfare and well being of each child placed with them. Professional carers are also governed by policies and procedures and legislation which are a requirement by law[11].
The impact of professional relationships on children and young people
Young people are more likely to join in if they feel secure, this helps with their development as they are building relationships and feeling secure within them. At our home the young people have to have good relationships with their carers to do activities such as going out in the community.
If the young people don’t have good relationships they can have incidents while out which could lead to all sorts of problems like shoplifting, absconding or hurt to themselves. Trust relationships with carers will help them in the future as they progress through transition into adults. When young people have strong relationships, they are less likely to show unwanted behaviour as we can recognise and meet their needs. Language can develop with positive relationships because they feel confident and secure talking and taking part in activities. Positive relationships can also teach them about respect, as children will learn this as relationships develops. When we build these relationships we will be able to understand each young person more. This helps us to respond to their needs and help know their interests which we can develop the placement plan around[12].
In order to build a respectful professional relationship with children and young people you are working with you will need to be able to adapt your behaviour, you also need to be able to communicate accordingly to every child. It is important that you can demonstrate effective communication skills and show that you are approachable to each individual child or young person you are working with.
You need to take into consideration that each child or young person is different and can be at different development stages. Every child should feel secure and valued no matter of their culture, abilities, sex or race and your interactions with the child or young person should demonstrate this at all times. It is very important that you develop a good trusted working relationship with each child or young person from the start. By demonstrating positive communication and being involved with
the pupils are showing them that you are and can be there for them if ever needed. Your body language is also a very important way of demonstrating to any child or young person that you are interested in them and that you value them[13].
| ||
Examples of poor practice and unprofessional conduct that may impact on outcomes For children and young people.
| ||
The examples of poor practice includes professional incompetence, misrepresentation or fraud (for example giving inaccurate or misleading information in child protection matter, failure to disclose own previous criminal convictions), neglect of professional duty, acting outside boundaries of own role and/or responsibilities, immoral or
indecent behaviour, violation of ethical standards for profession (for example
inappropriate personal relationship with a child or young person who uses the professional services[14].
This also involves the sort of language used with and around children, the experiences and lifestyle choices that are shared with children and with colleagues in front of the children, [discrimination or cultural understanding where maybe one gender is treated more or less favourably than the other, parenting styles with own children that are less appropriate for professional practice - use of smacking, telling off, inappropriate levels of risk, secretive behaviour involving a child/children. Failure to keep records of incidents relating to injury or suspected abuse - failure to act on such information can all impact outcomes greatly[15].
| ||
The actions to take where poor practice and unprofessional conduct are having a negative impact on outcomes for children and young people.
Where poor practice and unprofessional conduct are having a negative impact on outcomes for children and young people this concerns with reporting procedures in place in the setting. The reporting procedures should clearly explain how and who you discuss/report concerns to. Every setting should have a whistle blowing policy, which is linked to the Public Interest Disclosure Act 1998 and the nursery Z case of 2009 where an ideal environment enabled abuse to happen and continue, the (SCR) serious case review resulted in ofsted's whistle blowing hotline[16]. Every carer should be aware of this policies and it is their duty to take appropriate actions when unprofessional conduct is having negative impact on the outcomes of children and young people. It’s their duty to report poor practice and unprofessional conduct, use of correct procedures for reporting poor practice and unprofessional conduct, accurate documentation and record-keeping[17].
The professional responsibility to maintain current and competent practice
All clients are entitled to good standards of practice and care from their practitioners. Good standards of practice and care require professional competence; good relationships with clients and colleagues; and commitment to and observance of professional ethics[18].
So it is a professional responsibility for practitioners to make sure to maintain current and competent practice. This should be effectively done by keeping up to date with changing legislation, policy and practice. Also by identifying training needs and updating own training. Seeking and learning from feedback on own practice from colleagues and children and young people. The professional should also learn to reflect on feedback and professional guidance they get for example from inspection. They should be quick in making changes to practice where necessary. It is also a professional responsibility to use appropriate methods to seek feedback from children and young people and reflecting on whether own practice is contributing to meeting the individual needs of children and young people[19].
| ||
The importance of understanding the limits of personal competence and when to seek advice.
Competence encompasses a combination of knowledge, skills and behaviours, gained through learning and experience. It is vital that you, as a practitioner, are competent and capable to fulfil the demands of your work. You should never work outside the limit of your professional competence.
If you are a senior practitioner, you will be delegating tasks to more junior colleagues. You need to ensure that they are competent to carry out the tasks requested, as you retain responsibility for the occupational therapy provided to the service user. You need to be sure that they have access to adequate supervision, support and training. If you are a manager or service leader, you have a responsibility to recognise and support the continuing professional development (CPD) requirements of your staff, as part of good governance[20].
Competencies are grouped together under categories. Each competency includes a title, a general definition, and several measurable or observable performance statements. This list is useful as a reference, but is not all-inclusive. The performance statements listed are to be used to generate thought about how the competency is displayed when performed well on the job. The competency
descriptions are intended to be tailored to individual positions. Position-specific competencies are best determined through a job analysis process. Supervisors should talk with their HR office to receive specific direction around competency identification[21] .
So it is Important for one to understand the limits of personal competence and when to seek advice. For example the importance of not acting beyond the limits of own role and understanding consequences (for self and others) of acting beyond own role. It is also important to recognise when not competent to meet requirements of a child or young person and also when to request support or to refer to another colleague, professional or agency[22].
| ||
Own rights and expectations as a professional and how to assert them
Employees have expectations for their careers and the company for which they work. As a professional I should be engaged and committed. Make sure high-performing teams are created by matching company expectations and opportunities with employee skills, talents, and expectations. To match employee needs with company expectations, I must first uncover the different motivations, strengths, and preferences of each employee. I have to assert them by strengths and expectations impacts my bottom-line results. Make sure employers should provide employees with the tools they need to understand and leverage their unique personalities, talents, and motivations[23].
This also should be accompanied by engaging with professional supervision in order to improve practice. This should include participating positively in professional supervision and practice, observations in the work setting. Also to contribute appropriately to personal development plans and reviews. This will also include participating in relevant training and development activities[24].
| ||
How current equalities legislation affects work with children young people and families.
| ||
Children Act 1989, 2004 is one of the first pieces of legislations to recognise that the needs of the children are important. This Act first came part of the legislation framework in 1989 and was designed to ensure that all the local authorities are providing equal standards of care and support to children/young children and their families. The act also includes the support of children who are disabled and when they reach the age of 18 they will come under the NHS and community care act 1990[25]. The rights of all children and young people are stated in the United Nation’s Convention on the Rights of the Child (1989). The UK government ratified the treaty in 1991 and must ensure that the rights of children in the UK are protected through law. These rights are extensive and include the right to education and the right for children to have their views respected. Table 1 lists relevant legislation, which forms a basis for government statutory codes of practice and frameworks and school policies and procedures relating to equal opportunity and inclusive practice[26] These equality rights also have been emphasised in the Equality act 2010. This current legislation impacts on work by making sure professionals are aware it is against the law the discriminate against anyone on the grounds of sexuality, gender, race, religion, age, disability[27]. The right not to be discriminated against in respect of these rights and freedoms , The right of peaceful enjoyment of your property , The right to an education , The right to participate in free elections , The right not to be subjected to the death penalty[28].
| ||
Examples of good practice in promoting equality and how and why they are effective.
There are many definitions and interpretations of equality and diversity. Equality is based on the legal obligation to comply with anti-discrimination legislation. Equality protects people from being discriminated against on the grounds of group membership i.e. sex, race disability, sexual orientation, religion, belief, or age. Diversity for the workforce is about valuing and reaping the benefits of a varied workforce that makes the best of people’s talents whatever their backgrounds. Diversity encompasses visible and non-visible individual differences. It can be seen in the makeup of your workforce in terms of e.g. gender, ethnic minorities, disabled people, sexual orientation, age, religion, belief etc. It “about where those people are in terms of management positions, job opportunities, terms and conditions in the workplace. It is about respecting the many and varied individual differences that together constitute the strength of your workforce and how this enables you to best deliver quality services that are of most relevance. Through this you draw on the widest possible pool of talent and positively motivate your workforce to achieve their potential and best meet the needs of your service users. These underpinning characteristics are why equality and diversity are important in the workplace and why organisations and other sectors place such emphasis on their relevance and contribution[29].
Equality and diversity should be a natural and embedded part of everyday work for those involved in health and social care work. With an increasingly diverse population it is vital that we should be continually looking at and developing our equality and diversity training. We have taken individual examples of good practice from all our staff and have put this together to produce a structured and coherent approach to developing our learners’ understanding of equality and diversity.[30]”
This could be how you share information about the setting's policies and procedures making sure everyone is aware of the setting's legal obligations towards equality, equal opportunity, anti-bias & anti-discriminatory practice, challenging discrimination and welcoming diversity.
Training or meetings focus effectively at helping everyone understand the importance of awareness, access and participation for all. You should have resources such as toys, activities & planning that celebrates a variety of interests based on children & families traditions, worldwide events & accomplishments or contributions from individuals. Gender and family structure should look at and supported impartially. The setting inside & outside should be checked over to make sure all areas are accessible to all children. The setting should support care routines equally, there should be facilities to change children in nappies and those using the toilet. And all children should be able to reach sinks & taps for hand washing.[31] |
Anti-discriminatory practice basically means working in a way that does not discriminate against anyone. It is dangerous for workforces to assume that all staff automatically operates in an anti-discriminatory way. Many staff may not be aware that they are being discriminatory, so it is therefore essential for employers to recognise the importance of training and mentoring staff to align themselves with your anti-discriminatory policy[32].
Article 2 of the child’s Rights Convention is an overarching principle of the Convention. It prohibits 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. "States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members." Although the right to non-discrimination is a well-established human rights principle in international law, less attention has been paid to the particular ways in which children experience discrimination. The CRC was created to recognise children's inherent entitlement to fundamental rights and freedoms. The CRC's principle of non-discrimination is crucial to achieving this given that discrimination is one of the main reasons why children's rights are violated. The CRC does not accept limited resources as a justification for discrimination against any group of children. Although the Convention only mentions certain grounds of discrimination explicitly, it recognises the possibility of other grounds of discrimination from which children are entitled to protection. Furthermore, the Committee on the Rights of the Child has specifically identified a number of other grounds of discrimination in its Concluding Observations, including discrimination on the basis of sexual orientation and against children affected by HIV and AIDS[33].
©2014 All rights Reserved
[18] http://www. bacp.com
[27] http://www.silkysteps.com/forum/showthread.php?t=18910
[28] http://www.markedbyteachers.com/