national cares tandards early education and childcare up to the age of 16

Annex B Useful reference material

Legal

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 Act is accompanied by four volumes of regulations and guidance, Scotland's Children (1997).

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 illegal 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 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 Disclosure Scotland at the Scottish Criminal Record Office to issue disclosure certificates to individuals and organisations. For those regularly caring for, training, or being in sole charge of children, the certificates will include details of all convictions and any other information which the police consider relevant to the post. When the Index of Adults Unsuitable to work with children is established, any information from this list will be included too.

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 establishes 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 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 Rehabilitation of Offenders Act 1974

The Act enables some criminal convictions to become 'spent' or ignored, after a rehabilitation period. The rehabilitation period is a set length of time from the date of conviction.

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.

Standards in Scotland's Schools etc, Act 2000

Local authorities are required to have regard to the guidance issued under Section 34 when exercising their duties in relation to pre-school education. The guidance recognises the importance of delivering quality services for children and expects pre-school education not only to make a distinctive contribution but to link into the wider efforts to secure integrated services for children and families.

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

The health plan 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.

Other useful references

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.

Curriculum for Excellence

The Scottish Government released, in 2009, set out broadly, the content of the curriculum for all young people from the age of 3. This guidance comprises a series of experiences and outcomes. It is accompanied by guidance on the Framework for learning and teaching (Building the Curriculum 3) which offers guidance on the management and organisation of the curriculum.

The Child at the Centre

Scottish Executive Education Department, 2000. A self evaluation guide for centres providing pre-school education and day care to children aged 3-5.

A Manual of Good Practice in Special Educational Needs

Scottish Office Education and Industry Department, 1998. A manual of guidance to all those concerned with the education of children and young people with special educational needs. It includes advice for pre-school teachers.

Guidance on Pre-School Education

Statutory guidance offered to local authorities under section 34 of the Standards in Scotland's Schools etc, Act 2000.

Guidance on access to a teacher for Pre-School Children

This document aims to provide information for providers of pre-school education on the key issues to consider when implementing the Government's commitment to deliver access to a teacher for all pre-school children.

The Early Years Framework

Published in December 2008 by the Scottish Government and COSLA, this document sets the policy context for giving every child the best start in life and emphasises the importance of taking an early intervention approach.