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Level 3 Diploma EYE NVQ Level 3 support for: NVQ Children's Care, Learning and Development, Diploma for the Children and Young People's Workforce, England's Early years Educator qualification Please DO NOT COPY and PASTE information from this forum and then submit the work as your own. Plagiarism risks you failing the course and the development of your professional knowledge.

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  #1  
Unread 07-14-2008, 08:20 AM
HayleyC HayleyC is offline
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Default Help with 305 K3P1121: Whistle blowing and legislation

Hi guys, i'm really stuck with this question, its the last one i have to answer to complete my NVQ and cant find anything in the book that could help me in answering it. Any suggestions would be grateful

The requirements of legislarion, regualtion and codes of practice for safegurading and protecting children relevant to the home country where the setting or service is located. The duty of all within the sector to safeguard children. Including:
Whistle blowing where there are concerns about colleagues or in difficult circumstances
Where your concerns may not be seen to be taken seriously or followed through when following normal procedures

Please help I'm in having a big mental block on this question

Anyone need any help with any of the other units please dont hessitate to ask. Like i said its just this one to complete

Thanks
Hayley
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Unread 07-14-2008, 06:56 PM
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The requirements of legislarion, regualtion and codes of practice for safegurading and protecting children relevant to the home country where the setting or service is located. basically saying what does th law say about protecting children from abuse etc for example if you found finger tip brouses on a child what is the procedure? its wanting you to talk about the childrens act humen rights, ofsted, policies and procedures.

its what is your job and the other staffs job in safe garding the children? this is your filling out accident forms etc and asking parents about bruises etc, its braking confidentiality if you suspect the childs at risk, following procedures, knowing the child well enough to recognise a change in behaviour etc, doing observations, drop off pick up procedure knowing whos collecting the child etc

its also wanting you to talk about whistle blowing wich is where you go to the local athorities when your concerned about staff or if you tell them your concerned about a child being harmed and they dont listen. for example if you saw your boss miss treating a child or not following procedures basically you would tell the police or social services on them. your setting should have a whistle blowing policy.

hope this helps
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Unread 07-14-2008, 07:42 PM
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Thank you so much this does help. think i just needed to see it wriiten down in simplier terms than the actual questioning.
Hayley
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Unread 07-14-2008, 07:56 PM
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you're welcome
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Unread 03-28-2009, 02:52 PM
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hi


would it b best 2 quote things from the childres act 1989 and
the childrens bill 2004? in this question??


xx
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Unread 03-29-2009, 03:23 PM
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for this ive wrote dwn

whistle blowing is a mechanism by which adults can voice their concerns, made in good faith and without fear. employers should have a clear and accessible whistle blowing policy that meets the terms of the public interest disclosure act 1998. adults should be aware of their individual responsibilities to bring matters of concern to the attention of a senior management member. this is important if the welfare of a child is at risk.


could someone tell me if this is enough n if not wat else i could i add.


xx
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Unread 04-10-2010, 04:43 PM
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Ofsted now has a whistleblowing hotline on •Call us on 0300 123 3155 (Monday to Friday from 8.00am to 6.00pm).
For more details go to https://www.gov.uk/government/public...to-whistleblow
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Unread 04-14-2010, 09:19 PM
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Hi

Can anyone help with 305???

I have 3 essays to write on Acts : Childrens Act 2004, early years & the disability discrimination Act 1995 & Every child matters. Is there somewhere I can look that explains these in a simplified term, the legislation I have looked at is difficult to take in!

Thanks very much in advance

Loop
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Unread 06-08-2010, 05:37 PM
morden morden is offline
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hello loopy lou,

I had essays about every children's right you name it. my answers are:

Every Child Matters
From September 2008 all Early Years settings were expected to follow the standards of the New Early Years Foundation Stage framework. The Early Years Foundation Stage has 4 themes which show how we can help to support the care, learning and development of the children in our care.

They are;
• A unique child
• Positive relationships
• Enabling environment
• Learning and development

The Early Years Foundation Stage framework has 6 areas of learning and development
• Personal, Social, Emotional Development
• Communication Language Literacy Development
• Physical Development
• Creative Development
• Problem Solving Reasoning Numeracy Development
• Knowledge of Understanding the World Development

Each area of learning is linked to the five outcomes of the Every Child Matters framework and Key early learning goals – a statement of what most children should achieve in each area of learning by the end of the Early Years Foundation Stage. The development stages outlined are broad are meant to show the different ways children need to achieve the Early Learning Goals. The framework is intended to be holistic and centred upon the needs of the individual child, to enable children to progress through the areas of learning and development.

Disability Discrimination Act 1995 (DDA)) - now part of the Equality act 2010

The act covers all four UK nations. It describes a disabled person as “Some one who has a physical or mental impairment which has a substantial and long term adverse effect on his or her ability to carry out normal day to day activities” This describe covers children with physical (including sensory) intellectual or mental impairments. The definition is broad disability, sensory impairment, severe dyslexia, diabetes or epilepsy, children who are incontinent or who have AIDS severe disfigurement or progressive conditions like muscular dystrophy. The research and information in support of the following aims:
_ to champion the holistic needs of all young children
_ to ensure the effective dissemination of high quality information and
good practice within the early years sector and to other interested parties
_ to promote and develop effective multi-agency and cross-agency partnerships, networks and other relationships
_ to develop all work in collaboration with partners inside NCB and/or in the wider early years sector
_ to develop specific areas of work which have been identified as important by the networks we support.

those early years settings that are constituted as schools are covered by Part 4 of the DDA. Part 4 applies to all schools: private or state-maintained, mainstream or special. The duties cover discrimination in admissions,
the provision of ‘education and associated services’ (a broad term covering the whole life of the school) and exclusions.

Part 3 of the DDA covers all providers that are not constituted as schools:
day nurseries, family centres, childcare centres, pre-schools and playgroups, individual childminders and networks of accredited childminders and other private, voluntary and statutory provision that is not established
as a school. The duties cover the refusal to provide a service, offering a lower standard of service or offering a service on worse terms to a disabled child.

The DDA sets out two main duties. These apply to all providers under both Parts 3 and 4. A failure to comply with these two duties may amount to unlawful discrimination. The two key duties are:
_ not to treat a disabled child ‘less favourably’;
_ to make ‘reasonable adjustments’ for disabled children.
The two duties are explained in more detail, in sections 5 and 6.
The DDA requires schools to make ‘reasonable adjustments’ to make sure that disabled children are not at a substantial disadvantage. However, the ‘reasonable adjustments’ duty does not require schools to:
_ provide auxiliary aids and services;
_ make physical changes to buildings.

For schools these two requirements are covered by other parts of the legislation.

Information and the DDA duties
The ‘reasonable adjustments’ duty is ‘anticipatory.’ This means that all settings will need to review their policies, practices and procedures to ensure that these would not discriminate against any disabled children. This should
be done whether or not the setting knows of any disabled children on their current roll, or seeking admission. For some children, or groups of children, specific changes may be needed as well as more general changes.
In deciding what adjustments may need to be made, it is important that settings seek information from parents before a child is admitted, so that the necessary adjustments can be put in place in good time. If, despite opportunities and encouragement, the parents have chosen not to share this information, the setting may be able to claim they did not know about the disability.

A setting would only be able to claim this if they had taken reasonable steps to find out about the existence of, or nature of, a child’s disability.

If a parent does share information about their child’s disability, but asks the manager or head teacher to keep that information confidential, this may limit what ‘reasonable adjustments’ can be made for this child. The duties recognise this.

What happens if a disabled child is discriminated against?
Where there has been unlawful discrimination there is a means of redress.

Part 4
A claim of unlawful discrimination under Part 4 of the DDA:
_ is made by the parent of a disabled child;
_ the claim is made to the SEN and Disability Tribunal, or in certain cases to a local admissions or exclusions appeal panel;
_ if the SEN and Disability Tribunal determines that there has been unlawful discrimination, it can order any remedy it sees fit, but no financial compensation is available.
Part 3
Where services are covered by Part 3 of the DDA (providers other than schools):
_ a claim of discrimination is heard in the County Court;
_ if the Court determines that there has been unlawful discrimination, the remedies available include financial compensation


Children Bill 2004 - summary of 2004 and link to 1989 act summary

The key features of the Bill aimed of improving the protection afforded the children by providing a much more coordinated approach. In 2003 there was widespread recognition that services for children were still not working together to identify and protect vulnerable children in our societies.
• Independent children’s commissioners for each country to protect the rights of all children and young people.
• A tracking system to keep a record of information on children including their name, address, date of birth, school and GP, education or welfare services, or to the police or youth offending teams.
• Children’s directors to take strategic responsibility for local authority education and children’s social services.
• Lead councillors for children’s services to take political responsibility for local child welfare.
• In England some areas have developed children’s trusts organisations that formally integrate children’s health, education and social services.
• Local children’s safeguarding boards with statutory powers to ensure that social services, the NHS, education services, the police and other services work together to protect vulnerable children.
• In England, joint inspections of local children’s services are conducted by all inspectorates involved with children – such as Ofsted , the Healthcare Commission, the Audit Commission and the chief inspector of constabulary.

I hope this is the answer you are looking for..

good luck with your study

Last edited by Ruthierhyme : 01-27-2012 at 01:14 PM. Reason: * added links and equality act update
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Unread 01-26-2020, 08:45 AM
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Default Whistleblowing legislation for early years nursery settings

Find out about the reponsibilities held by Early years practioneras in regard to whistle blowing here - search inside this EYE handbook for the words 'whistle blowing' page 101 has helpful reading.

Quote: The responsibilities of the early years practitioner in relation to whistleblowing

Whistleblowing is an important aspect of safeguarding, where staff, volunteers and students are encouraged to share genuine concerns about colleague's behaviour. The behaviour may not be child abuse but the colleague may not be following the code of conduct or could be pushing to boundaries beyond normal limits.

Whistleblowing is very different from a complaint or a grievance. The term 'whistleblowing' generally applies when you are acting as a witness to misconduct that you have seen and that threatens other people or children.

The Public Disclosure Act 1998,
known as the Whistleblowing Act, is intended to protect the public interest by providing a remedy for individuals who suffer workplace reprisal for raising a genuine concern, whether it is a concern about safeguarding and welfare systems, financial malpractice, danger, illegality or other wrongdoing.


The statutory guidance from the DfE, Working Together to Safeguard Children, makes it clear that all organisations that provide services for, or work with, children must have appropriate whistleblowing procedures. They must also have a culture that enables concerns about safeguarding and promoting the welfare of children to be addressed by the organisation. The concern may relate to something that is happening now, that has happened in the past or that you think could happen in the future.

All staff, volunteers and students should be aware of, and follow their setting's whistleblowing policy and procedures.


Hope this helps xx

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