National Care Standards For Childcare Agencies

Annex B Useful reference material

Legal

The Asylum and Immigration Act 1996

An Act to amend and supplement the Immigration Act 1971 and the Asylum and Immigration Appeals Act 1993; to make further provision with respect to persons subject to immigration control and the employment of such persons; and for connected purposes.

The Children (Scotland) Act 1995

The Act puts children first. Each child has the right to:

• be treated as an individual;
• form and express views on matters affecting him or her; and
• be protected from all forms of abuse, neglect or exploitation.

Parents and local authorities have rights and responsibilities in achieving the balance of care.

The Data Protection Act 1998

The Act covers how information about living, identifiable people is used. All organisations that hold or process personal data must comply.

The Disability Discrimination Act 1995

This wide-ranging Act, which came into force in 1996, makes it unlawful to discriminate against disabled people in employment, access to goods, services, transport and education.

Fire Precautions (Workplace) Regulations 1997 (as amended)

The Regulations place a responsibility on employers for carrying out risk assessments in relation to premises. The risk assessment is a means of providing fire precautions for the safety of people using the premises.

The Health and Safety at Work etc Act 1974

The Act is the basic piece of health and safety law that covers everyone who is affected by work activity. It places the burden of legal responsibility for health and safety at work with the employer.

The Human Rights Act 1998

The Act incorporates the European Convention on Human Rights into Scots and English law in relation to the acts of public bodies. Its purpose is to protect human rights and to maintain and promote the ideals and values of a democratic society. The Articles of Convention include:

• freedom of thought, conscience and religion;
• freedom of expression;
• freedom of assembly and association;
• the right to have respect for private and family life; and
• the right to marry.

The Immigration Act 1971 (as amended)

Together with the Asylum and Immigration Act 1996 and the Asylum and Immigration Appeals Act 1993, these Acts cover the process of entry into and stay in the United Kingdom by way of immigration or asylum.

The Immigration (Restrictions on Employment) Order 1996

Under Section 8 of the Asylum and Immigration Act 1996, an employer will commit an offence if he employs a person subject to immigration control who has attained the age of 16 if the employee has not been granted leave to enter or remain in the United Kingdom, or if his leave is not valid and subsisting or is subject to a condition precluding him from taking up the employment. The Order sets out certain exemptions to Section 8, describes the documents which an employer can use in his defence; and specifies the manner of copying or recording these documents.

The Misuse of Drugs Act 1971

The Act is the main law for drug control in the UK. It prohibits the possession, supply and manufacture of medicinal and other products except where these have been made legal by the Misuse of Drugs Regulations 1985. The legislation is concerned with controlled drugs and puts these into five separate schedules. Anyone who is responsible for storing or administering controlled drugs should be aware of the content of the Misuse of Drugs Regulations 1985 and the Misuse of Drugs (Safe Custody) Regulations 1973.

The Police Act 1997

Part V of the Police Act 1997 provides for the Scottish Criminal Record Office to issue criminal record information certificates to individuals and organisations.

The Protection of Children (Scotland) Act 2003

The Act provides for Scottish Ministers to establish a List of individuals unsuitable to work with children, in either paid employment or as unpaid volunteers. The fact that someone is on the list will be released in Scotland as part of a check carried out under Part V of the Police Act 1997 for posts that involve access to children.

The Public Interest Disclosure Act 1998

The Act protects workers who 'blow the whistle' about wrongdoing.

It mainly takes the form of amendments to the Employment Rights Act 1996, and makes provision about the kinds of disclosures which may be protected; the circumstances in which such disclosures are protected; and the persons who may be protected.

The Race Relations Act 1976

The Act makes racial discrimination unlawful in employment, service delivery, training and other areas.

The Race Relations (Amendment) Act 2000

The Act makes racial discrimination unlawful in public activities that were not previously covered. It puts a general duty on public organisations to promote race equality.

The Act also requires all public authorities (and those bodies who discharge a function on behalf of a public authority) to identify policies and functions which have relevance to the general duty and review the operation and outcomes of such policies for their differential impact on ethnic minority communities.

The Regulation of Care (Scotland) Act 2001

The Act establishes a new system of care regulation covering the registration and inspection of care services against a set of national care standards. The Act also creates two new national, independent bodies, the Scottish Commission for the Regulation of Care, to regulate care services, and the Scottish Social Services Council, to regulate the social service workforce and to promote and regulate its education and training.

You can visit these websites for information:

• Regulation of Care (Scotland) Act 2001 www.scotland-legislation.hmso.gov.uk/legislation/scotland/acts2001/20010008.htm

• Regulation of Care (Scotland) Act 2001 Statutory Instruments www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-200201.htm

The Sex Discrimination Act 1975

The Sex Discrimination Act 1975 makes it unlawful to discriminate on grounds of sex or marital status in recruitment, promotion and training. The Act also covers education, the provision of housing, goods and services and advertising.

Policy

Aiming for Excellence: Modernising Social Work Services in Scotland

The White Paper sets out the proposals to strengthen the protection of children and vulnerable adults and to make sure high quality services are provided. The Scottish Commission for the Regulation of Care is an independent regulator set up for this purpose.

The Way Forward For Care

The Scottish Executive Policy Position Paper of July 2000 develops the proposals set out in Aiming for Excellence. It includes proposals for regulating independent healthcare.

Regulation of Early Education and Childcare - The Way Ahead

This paper was published in 2000, and set out the Scottish Executive's conclusions on the future regulation of childcare and early education. It can be viewed on-line at: www.scotland.gov.uk/library2/doc15/reec-00.asp

It followed the Executive's March 1999 consultation paper, Regulation of Early Education and Childcare, which can be viewed at: www.scotland.gov.uk/library/documents-w8/rec-00.htm

The UN Convention on the Rights of the Child

The Convention is not a law but a code that the Government signed up to in 1991. It recognises that young people under 18 in Scotland do have rights. These rights must be given fairly, and children and young people must be kept safe and well, and able to take part in society.

Other useful references

Phone 01382 207100
Website www.carecommission.com

Central Registered Body Scotland

The Central Registered Body in Scotland was established by the Scottish Executive to provide free disclosures (police checks) for volunteers in the voluntary sector working with children, young people and vulnerable adults.

The CRBS is based within Volunteer Development Scotland at Stirling.

The CRBS is the only source of free disclosures for volunteers in the voluntary sector in Scotland. Website http://www.crbs.org.uk/

Childcare Information Services website
www.childcarelink.gov.uk

Working Tax Credit and Child Tax Credit

You may be able to apply for the costs of childcare arrangements through the Government's Working Tax Credit and Child Tax Credit. These are the new types of support for families with children and for households on a low income. Further information from:

Helpline (open from 8 am-8 pm seven days a week): 0845 300 3900 (textphone 0845 300 3909)
www.taxcredits.inlandrevenue.gov.uk/Home.aspx

National care standards: Early education and childcare up to the age of 16

Copies of these standards are available from:

You should also be able to see a copy at main libraries or online at: www.scotland.gov.uk/health/standardsandsponsorship

The Scottish Social Services Council

Phone 01382 207101
Website www.sssc.uk.com