Factsheet for out of school clubs and play providers

Key legislation for working with children

UN Convention on the Rights of a Child 1989
The United Nations Convention on the Rights of a Child was ratified by the UK in 1991. It set out
the principles for a legal framework to underpin all aspects for the care, development and
education of all children. The articles cover: non discrimination on the grounds of gender, religion,
disability, language, ethnic or social origin; civil and political rights; economic, social, cultural and
protective rights. Particularly relevant for out of school clubs and play providers is Article 31 as this
states that all children have the right to relax and play, and to have the chance to join in a wide
range of activities.

Children Act 1989

The Children Act 1989 recognised that the welfare of the child is paramount and set out an
overarching system for safeguarding children and the roles different agencies play. It introduced
the concept of parental responsibility rather than parental rights. A key principle is that Local
Authorities have a duty to provide services for children and their families and all children and
young people should have access to the same range of services.

Disability Discrimination Act 1995 and 2005

The Disability Discrimination Act 1995 (DDA) covers disabled peoples rights in housing,
employment and the provision of goods and services. It places a duty on play settings to not treat
disabled children less favourably than those that are not disabled. The Act requires providers to
make reasonable adjustments so that disabled children and adults can access their services.
The Disability Discrimination Act 2005 gave public authorities, such as local councils, hospitals,
government departments, a duty to promote and reinforce equality for disabled people. The Act
requires disability equality to be built into services at the beginning of the process.

Protection of Children Act 1999

The Protection of Children Act came into force in October 2000 and gives the Secretary of State
the power to keep a list of people unsuitable to work with children and young people. All regulated
childcare organisations have a statutory duty to refer individuals for inclusion in the list and must
not employ individuals and volunteers, in posts that bring them into contact with children, whose
names are included in the PoCA List. Similarly, the Act also allowed for other organisations that
work with children and young people to refer individuals and carry out checks on prospective
employees and volunteers. In addition the system of Criminal Record Bureau disclosure checks
was created for organisations that work with children and young people.
Within education the DfES List 99 (Section 142 Education Act 2002) is a confidential list of people
who may not be employed by Local Authorities, schools and Further Education establishments. In
October 2009 both the PoCA List and List 99 were replaced by the ISA Childrens barred list.

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Special Educational Needs and Disability Act 2001

The Special Educational Needs and Disability Act 2001 (SENDA) is an amendment to the DDA
1995, extending the requirement to make reasonable adjustments for disabled people to include
schools, colleges and other education providers.

Adoption and Children Act 2002

Part two of the Adoption and Children Act 2002 makes amendments to the Children Act 1989. In
particular, section 120 of the 2002 Act clarifies the meaning of harm to include any impairment of
the childs health or development as a result of witnessing the ill-treatment of another person, such
as domestic violence.

Every Child Matters: Change for Children 2003

In 2003, the Government published a green paper called Every Child Matters. This was published
alongside the formal response to the report into the death of Victoria Climbi.
There was a wide consultation with people working in children's services, and with parents,
children and young people. Following the consultation, the Government published Every Child
Matters: the Next Steps, and passed the Children Act 2004, providing the legislative spine for
developing more effective and accessible services focused around the needs of children, young
people and families under the five Every Child Matters outcomes
Be healthy
Stay safe
Enjoy and achieve
Make a positive contribution
Achieve economic well-being

Children Act 2004

Children Act 2004 updates but does not supersede Children Act 1989. The Act provides a
legislative spine for the wider strategy for improving children's lives. This covers the universal
services which every child accesses, and more targeted services for those with additional needs.
The overall aim is to encourage integrated planning, commissioning and delivery of services as
well as improve multi-disciplinary working, remove duplication, increase accountability and improve
the coordination of individual and joint inspections in local authorities. The legislation is enabling
rather than prescriptive and provides local authorities with a considerable amount of flexibility in
the way they implement its provisions.
The Children Act 2004 placed a new duty on local authorities to promote the educational
achievement of looked after children.

Working Together to Safeguard Children 2006, updated 2010

This document sets out how organisations and individuals should work together to safeguard and
promote the welfare of children and young people in accordance with the Children Act 1989 and
the Children Act 2004. It is addressed to practitioners and frontline managers who have particular
responsibilities for safeguarding and promoting the welfare of children, and to senior and
operational managers in
organisations that are responsible for commissioning or providing services to children,
young people, and adults who are parents/carers; and
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organisations that have a particular responsibility for safeguarding and promoting the
welfare of children and young people.

The 2010 edition follows the publication of Lord Lamings report in March 2009, The Protection of
Children in England: A Progress Report. The recommendations detailed by Lord Laming, and
developments in legislation, policy and practice relating to safeguarding children are reflected in or
given effect by this revised guidance.

Safeguarding Vulnerable Groups Act 2006

The Safeguarding Vulnerable Groups Act 2006 followed the Bichard Inquiry into the murders of
Jessica Chapman and Holly Wells by Ian Huntley. The Inquiry recommended a single agency to
conduct background checks on all individuals wanting to work or volunteer with children or
vulnerable adults. This led to the setting up of the Independent Safeguarding Authority and the
Vetting and Barring Scheme.
The full proposals within the Vetting and Barring Scheme are being scaled down, however the first
stage of implementation, in October 2009, went ahead with the ISA Childrens barred list replacing
the PoCA List and List 99 of named individuals unsuitable to work with children and young people.

Childcare Act 2006

The Childcare Act 2006, is pioneering legislation the first ever exclusively concerned with early
years and childcare. The Act is intended to transform childcare and early years services in
England, taking forward some of the key commitments from the The Ten Year Childcare Strategy
published in December 2004. Measures in the Act formalise the important strategic role Local
Authorities play through a set of new duties. These duties require authorities to:
improve the five Every Child Matters (ECM) outcomes for all pre-school children
and reduce inequalities in these outcomes
secure sufficient childcare for working parents
provide a better parental information service
The Act also reforms early years regulation and inspection arrangements, introducing the Early
Years Foundation Stage (EYFS) and the new Ofsted Childcare (Compulsory and Voluntary)
Register. The sufficiency, information and outcomes duties came into effect from 1 April 2008 and
the remaining provisions from September 2008.

Education (Nutritional Standards & Requirements for School Food) Regulations

2007, amendments 2008
From 1 September 2008 the Education (Nutritional Standards & Requirements for School Food)
Regulations 2007and the 2008 amendments came into effect for all primary schools in England.
The regulations apply to secondary schools from 1 September 2009. The purpose of the
regulations is to improve the health and well being of children and young people. Schedule 4 sets
out the types of food and drink that can be provided on a school site before 6pm and applies to
schools and other organisations, such as an after school club, providing meals and snacks. The
only exemption is if the provider is using the school premises under a transfer of control
agreement.

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The Charter for Childrens Play 2007, updated 2009

The Charter for Childrens Play was originally published in 2007 and updated in 2009 by Play
England/NCB. It sets out a vision for play and aims to be a catalyst for individuals and
organisations to examine, review and improve their provision for children and young peoples play
and informal recreation.
The charter may also serve as a guide and framework to all those involved in developing, revising
and implementing play strategies, community plans and children and young peoples plans.
Organisations whose services impact on childrens play, such as local authorities, voluntary
organisations, and health, education and social service providers, can formally adopt the charter in
order to raise awareness of the importance of play.

The Play Strategy 2008

The first national Play Strategy set out the then Governments plans to improve and develop play
facilities for children throughout the country. Based on consultation with thousands of children and
young people, as well as their parents, the strategy outlined the short-, medium- and long-term
objectives in bringing to life childrens right to play. Published in December 2008, it was built on the
responses to Fair Play: A consultation on the play strategy and reflected the views of the children,
families and professionals that responded.
Unfortunately the Play Strategy no longer reflects current government policy.

Early Years Foundation Stage (EYFS) 2008, amended 2012

From September 2008 all providers offering care and education to children aged 0-5 outside of the
family home must work to the same framework and standards. The EYFS is a single framework to
support childrens learning and development from birth to 5 years (end of childs reception year).
In 2011 the Tickhill Review recommended changes to the 2008 framework. The reformed EYFS,
effective from September 2012, intends to reduce paperwork, strengthen partnerships between
parents and professionals and focuses on three prime areas; communication & language, physical
development and personal, social & emotional development. In addition providers must support
children in four specific areas; literacy, mathematics, understanding the world and expressive arts
& design.

Equalities Act 2010

The Equalities Act 2010 was brought in to replace previous anti-discriminatory laws, to remove any
inconsistencies and to make the law simpler and easier to understand. It identifies nine protected
characteristics - age; disability; marriage/civil partnership; pregnancy/maternity; race;
religion/belief; gender; sexual orientation; gender reassignment. There have been changes in
relation to harassment, victimisation and positive action in relation to all nine protected
characteristics.
Anti-discriminatory law has changed mostly in relation to disability with new legislation now
covering discrimination by association, perception and indirect discrimination. The law relating to
direct disability discrimination now covers access to goods and services and not just work related
discrimination.

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Under the new Act reasonable adjustments must be made where there is a substantial
disadvantage. Service providers are now required to take steps in advance to address barriers that
impede disabled people and not wait until a disabled person experiences difficulty before making a
necessary adjustment.

Version 4 April 2012

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