Legislation regulating home based child carer’s and the role of Ofsted the regulatory body
All people working with children are governed by legislation that is in place to protect your children and the child care provider. In this document I have listed four important legislations that are of particular importance to home based child care providers and noted how I aim to incorporate them into my practice. Child care practitioners also have a regulatory body; in England it is Ofsted. This document gives you a brief description of their supervisory role in child care settings. However, the list of legislation is not comprehensive and nor is the short description of Ofsted’s Role, if you would like more information or would like to discuss
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This law proctects people from prejudice and allows legal action to be taken against any person or company who is proven to have unfairly treated any of the protected groups covered by this Act.
Everyone is welcome at my childcare service and we strive to ensure that the children learn about the importance of inclusion and the acceptance of others. I try to explain that in many cases it can just be fear of not knowing or understanding but this makes for a fantasic learning experience to discuss and learn about other peoples religions, cultures and so forth and that differences are good. In our play room there are many books, puzzles, pictures and other toys that promote the inclusion and acceptance of all groups of people including disabled, black and other ethnicities and the elderly but to name a few. You may also like to read the equal opportunites policy.
The Data Protection Act 1998
The 7th Data Protection principle states ‘The Data Protection Act 1998 requires all organisations to have appropriate security to protect personal information against unlawful or unauthorised use or disclosure, and accidental loss, destruction or damage’ (ICO, 2012. P10). It referes to information that is kept on file whether it be electronically stored, i.e. on a hard drive, a flash drive or paper copies. The Act also gives individuals the right to request copies of all information a business may hold on them within 40 days
The Data Protection Act states that you must only collect information that you need for a specific purpose and keep it secure, ensure that it is relevant and up to date to guarantee that no changes in medication or health status goes unnoticed or unaccounted
Childcare practitioners must ensure that they provide an inclusive environment. According to Daly, M. Byers, E and Taylor, V. (2004) “Inclusive practice helps to provide an environment rich in diversity that enables children to develop interpersonal skills and understand and appreciate differences.” (Appendix 7) In my setting positive images and messages are promoted by celebrating different cultures through resources, books, dressing up, activities and celebrating different cultural celebrations. A welcome board with
“ Workers and other individuals who are working, have worked for an organization or applicants are entitled to protection by the data protection principles as data subjects” (FL Memo ltd, 2005) we must handle the data we receive from staff and applicants with great care as they have the right by law for their data to be kept safe and private.
Child care is a huge issue in our society today. Many parents have to work, which leaves their children in child care. Many parents do not want to send their children to child care, so they try to send them to friends or family. When that becomes an issue, most families end up sending their children to a child care center. Children do not like child care centers because many of the kids at them are mean. Children would rather stay at home. Many children beg their parents not to go to work, but they have to anyway and the children have to go to a child care center. Child care should be changed because it is too expensive, children do not get the care they need,
The infringement of the right to privacy that protected under the DPA 1998 will be regard as “personal data”, which could be the first need to be explored. In Section 1(1) DPA 1998, personal data is defined as data relating to a living identifiable individual. Actually it covers not only digital data but also those data stored on hard copy in filing systems including other certain relevant information. It is important to note that, as to the aspect on the ability to identify an individual, any data held could be determined personal data through partly either the data held itself or other non-critical information, such as any expression of opinion or the assessments
(6) “Appropriate technical and organizational measures shall be taken against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.” (Key Definitions Of The Data Protection Act | ICO, 2015).
The Data Protection Act 1998 was specifically designed to protect sensitive data of many individuals that was held in organizations’ databases. The act originally was passed in 1984 with a further update in 1998 which it then was brought out in action in 2000. Any organization holding personal data electronically, must register with the Data Protection registrar (who monitors whether the act has been enforced or not), and state what data they wish to hold as well as their intent in which they want to use it for.
Data protection law controls how personal data is processed. Personal data is any data relating to a living individual held either electronically or in paper files. The general principle is that the consent of the person concerned is required for the processing of their personal data.
To protect our personal information, the Data Protection was introduced in 1998; it is law which is aimed to protect our personal data stored on computers or in a paper filling system. The Act also controls how our personal information is used by organisations, businesses and the government. In addition, this Act also requires companies and individuals to keep personal information to themselves. As well as that, the Act provides legal rights to people who have information stored about them.
It is obvious that the purpose of data protection is to protect personal information and the privacy of individuals through a regulatory protection regime. The regime governs both when and how organisations may keep and process private information or data. It provides organisations with obligations that must be complied with and grant data protection rights to individuals. As noted in the Computer Law & Security Review (2012), issues about privacy and data protection are being discussed broadly and are likely to receive more attention in the future.
According to the British Security Industry Association, "companies should be learning lessons about the importance of protecting confidential information." (Steve Pain, 2007, para. 7). In fact, compliance with the Data Protection Act is imperative and non-compliance could result in prosecution by the Office of Information Commissioner. The best way to ensure that data is being disposed of securely and responsibly and that confidential information is being eradicated is to follow the guidelines
The term ‘information privacy’ is a complicated concept that has a variety of meanings. Roger Clarke asserts that it is “the interest an individual has in controlling, or at least, significantly influencing, the handling of data about themselves.” Techopedia’s definition of information privacy is “the privacy of personal information and usually relates to personal data stored on computer systems.” The Australian Law Reform Commission states that it “involves the establishment of rules governing the collection and handling of personal data.” As well as this, information privacy has also been classified as “data privacy” and “data protection”, often with the three terms being used interchangeably.
The next feature of the proposal is the introduction of a right to be forgotten. Notably, the right to be forgotten is not absolute. The main objective behind the introduction of this right is to better deal with online risk by giving citizens the right to request for a deletion of their personal data including any copies or links to that are available on the internet without any legitimate grounds. It is stated in Recital 54 to the proposed Regulation that the Commission aims to strengthen the right to be forgotten and extend the data controller’s obligations to responsible for the publication of a data by a third party where the controller has authorised.
• It is a protection against legal charges of discrimination based on race, gender, etc.
Personal information must be stored correctly and securely and not passed onto other people without their permission. The storage and use of personal information is controlled by the Data Protection Act 1998. Examples of