National Care Standards: School Care Accommodation Services

Annex B: Useful reference material

Legal

The Age of Legal Capacity (Scotland) Act 1991
This Act identifies the circumstances in which children can act in a way that is legally competent. The Act sets out when children and young people can consent to medical treatment.

The Children (Scotland) Act 1995
This 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 Disability Discrimination Act 1995
This wide-ranging Act, which came into force in 1996, makes it illegal to discriminate against disabled people in employment, access to goods, services, transport and education.

The Human Rights Act 2000
This Act includes the European Convention on Human Rights in UK law. 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 Misuse of Drugs Act 1971
The Act is the main law for drugs 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 was implemented in April 2002. This provides for the Scottish Criminal Record Office to issue criminal record information certificates to individuals and organisations.

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 illegal in employment, service delivery, training and other areas.

The Race Relations (Amendment) Act 2000
The Act makes racial discrimination illegal in public activities that were not previously covered. It puts a general duty on public organisations to promote race equality.

The Regulation of Care (Scotland) Act 2001
The Act established a new system of care service regulation including the registration and inspection of care services which takes account of national care standards. The Act also created 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

Policy

Aiming for Excellence: Modernising Social Work Services in Scotland 1999
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.

Our National Health 2000
National Health 2000 is a plan which aims to improve Scotland's health and close the health gap between rich and poor, restoring the NHS as a national service and improving care and standards.

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

General
The Children (Scotland) Act 1995 Regulations and Guidance Volume 2. The Stationery Office 1997
Clear expectations, Consistent limits - Good Practice in the Care and Control of Children and Young People in Residential Child Care. Centre for Residential Child Care 1997
HM Inspectorate of Education, Improving the Care and Welfare of Residential Pupils. The Scottish Office Education and Industry Department 1998
HM Inspectorate of Education, How Good is Our School? The Stationery Office 2002
Guidelines For Guardians. Scottish Council for Independent Schools 1998
Guidelines On Child Protection 2nd edition. Scottish Council For Independent Schools 1997
Health and Safety in Care Homes 2001 - Health and Safety Executive
Morgan R. National Boarding Standards 2000
Protecting Children - A shared responsibility. Guidance on inter-agency co-operation. The Stationery Office 1998
Valuing Diversity - Having regard to the racial, religious, cultural and linguistic needs of Scotland's Children. Social Work Services Inspectorate 1998

Restraint
Harris, J., Allen D., Cornick, M., Jefferson, A. & Mills, R. Physical Interventions: A policy framework. Kidderminster: British Institute of Learning Disabilities1996
Physical Restraint - Practice, Legal, Medical and Technical Considerations. Centre For Residential Child Care, Glasgow 1996

Administration of medicines
Guidelines for the administration of medicines. Central Council for Nursing, Midwifery and Health Visiting ( UKCC) 2000
Position statement on the covert administration of medicines. Central Council for Nursing, Midwifery and Health Visiting ( UKCC) 2001
The Administration and Control of Medicines in Care Homes. Royal Pharmaceutical Society of Great Britain 2001

Volunteers
Engaging Volunteers - A Good Practice Guide Volunteer Development Scotland 1995 reprinted 1998
Framework for Volunteering - Policy and Procedures in Voluntary Organisations Volunteer Development Scotland 1998
Protecting Children Volunteer Development Scotland 1995
The Scottish Compact The Scottish Office 1998