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Legislation

      This will differ depending upon the context and environment within which you teach. You might also need to be aware of the requirements of external bodies and regulators such as Ofsted (in England) who inspect funded provision, and Ofqual (in England) who regulate awarding organisations.

      The following information was current at the time of writing; however, you are advised to check for any changes or updates, and whether they are applicable outside England.

      Autism Act (2009) did two key things in England:

      • placed a duty on the government to produce a strategy for adults with autism, which was published in March 2010

      • produced statutory guidance for local councils and local health bodies on implementing the adult autism strategy. The strategy is to make sure that adults with autism get the help that they need. This guidance was published in December 2010 and updated in 2015.

      All people who are autistic share certain difficulties, but will be affected in different ways. Some also have learning disabilities, mental health issues or other conditions, meaning people need different levels of support.

      Children Act (2004) provided the legal underpinning for the Every Child Matters: Change for Children programme. Well-being is the term used in the Act to define the five Every Child Matters outcomes:

      • be healthy

      • stay safe

      • enjoy and achieve

      • make a positive contribution

      • achieve economic well-being.

      Counter-Terrorism and Security Act (2015) will apply if you work with learners who are at risk of becoming radicalised. The Prevent Duty is part of this Act and you should be required to attend a training session at your organisation to ensure you are up to date with the requirements. The Prevent Duty is not about preventing learners from having political and religious views, but about supporting them to use any concerns in non-extremist ways, and to prevent them from becoming radicalised.

      Copyright, Designs and Patents Act (1988) relates to the copying, adapting and distributing of materials, which includes computer software and materials found via the internet. Organisations may have a licence to enable the photocopying of small amounts from books or journals. All photocopies should have the original source acknowledged and be within the terms of the licence.

      Data Protection Act (1998) made provision for the regulation of the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information. It will be updated in 2018 to become the General Data Protection Regulation (GDPR).

      Equality Act (2010) replaced all previous anti-discrimination legislation and consolidated it into one Act (England, Scotland and Wales). It provides rights for people not to be directly discriminated against or harassed because they have an association with a disabled person or because they are wrongly perceived as disabled (covered in Chapter 9).

      Freedom of Information Act (2000) gives learners the opportunity to request to see the information public bodies hold about them.

      Health and Safety at Work etc Act (1974) imposes obligations on all staff within an organisation commensurate with their role and responsibility. Risk assessments should be carried out where necessary. In the event of an accident, particularly one resulting in death or serious injury, an investigation by the Health and Safety Executive (HSE) may result in the prosecution of individuals found to be negligent as well as the organisation.

      Rehabilitation of Offenders Act (1974) will be applicable if you work with ex-offenders.

      Safeguarding Vulnerable Groups Act (2006) introduced a vetting and barring scheme to make decisions about who should be barred from working with children and vulnerable adults. Teachers may need to have their criminal background checked via the Disclosure and Barring Service (DBS). The purpose of the DBS is to help employers to prevent unsuitable people from working with children and vulnerable adults.

      Welsh Language Act (1993) places the Welsh language on an equal footing with the English language in Wales, with regard to the public sector.

       Regulatory requirements

      Public bodies, corporations, agencies and organisations create regulatory requirements, which must be followed if they are applicable to your job role. For example, in education, Ofqual is the regulator of qualifications, examinations and assessments in England.

      Regulations are often called rules and they specify mandatory requirements that must be met. There will be specific regulations which relate to your specialist subject and you will need to find out what these are. The following information was current at the time of writing; however, you are advised to check for any changes or updates, and whether or not they are applicable outside England.

      Control of Substances Hazardous to Health (COSHH) Regulations (2002) applies if you work with hazardous materials.

      Food Safety and Hygiene Regulations (2013) applies to aspects of farming, manufacturing, distributing and the retailing of food.

      Management of Health and Safety at Work Regulations (1999) were introduced to reinforce the Health and Safety at Work etc Act 1974. They require an employer to undertake an assessment of the risks to the health and safety of their employees and others who may be affected by their work activity. For example, use of visual display screens, fire and emergency procedures, and access to first aid. Employees also have a duty to report any concerns.

      Manual Handling Operation Regulations (1992) relates to the hazards of manual handling and risks of injury.

      Privacy and Electronic Communications (EC Directive) Regulations (2003) applies to all electronic communications such as email and mobile phone messages.

      Reporting of Injuries, Diseases and Dangerous Occurrences (RIDDOR) Regulations (2013) requires specified workplace incidents to be reported.

      Regulatory Reform (Fire Safety) Order (2005) places the responsibility on individuals within an organisation to carry out risk assessments to identify, manage and reduce the risk of fire.

      The Special Educational Needs and Disability Regulations (2014) cover all learners who are aged up to 25 who have special educational needs or disabilities. It stresses the need to inform and involve others, such as parents, guardians and the learners themselves, throughout the learning process.

       Activity

       Research the regulatory requirements which will apply to the subject you would like to teach in your country. How will they impact upon your role? Take a look at the regulations listed here to check whether they have been updated and if so, what changes have taken place.

       Codes of Practice

      Codes of practice are usually produced by organisations, associations and professional bodies. They can be mandatory or voluntary and you will need to find out which are applicable to you.

      Your organisation should have documented codes of practice such as:

      • acceptable use of information technology

      • behaviour

      • code of conduct

      • conflict of interest

      • disciplinary

      • dress

      • duty of care to learners, including personal development, behaviour and welfare duty to prevent radicalisation

      • environmental awareness

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