How National
Intiatives Promotes
Anti-discriminatory
Practice:
How National
Intiatives Promotes
Anti-discriminatory
Practice:

By Paisley Cusick.
The Children’s Act 1989 (2004)
The Children’s Act 1989 (2004)

The current child protection system is based on the Children Act 1989, which was introduced in an effort to reform and clarify the existing laws affecting children. The Children Act 1989 gave every child the right to protection from abuse and exploitation and the right to inquiries to safeguard their welfare. Its central tenet was that children are usually best looked after within their family. The act came into force in England and Wales in 1991 and - with some differences - in Northern Ireland in 1996. The key principle of the Act is that the welfare of the child is vital when an issue concerning the upbringing of a child has to be decided by a court under this legislation. A court must also ascertain the wishes and feelings of the child and shall not make an Order unless this is 'better for the child than making no Order at all'. Every effort should be made to preserve the child’s home and family links. The Act introduced the concept of parental responsibility which is defined as 'the rights, duties, powers and responsibilities which by law a parent of a child has in relation to the child.' This replaced the old idea that parents have 'custody' of the child or children. The Children Act 2004 was introduced following the tragic death of Victoria Climbie and the public enquiry into the circumstances surrounding her death. The inquiry, chaired by Lord Laming, found massive failings on the part of as many as twelve agencies with a role to play in protecting children. It led to recommendations for a radical reform of services, particularly in the areas of better joined up working and information sharing. (http://www.nurseryworld.co.uk/nursery-world/other/1106618/policy-guide-children-act-1989-amended-2004)

The Data Protection Act 1998:
The Data Protection Act 1998:

The Data Protection Act 1998 has been gathering much attention in recent times. It is referenced regularly in the media when companies accidentally lose confidential data or information security is topic of the day. But what is the Data Protection Act exactly and why does it exist?
What is the Data Protection Act?
The Data Protection Act 1998, in its current form, was implemented in March 2000 to give individuals a right of access to ‘personal data’. This personal data qualifies as any information held by a company that relates to an individual. Personal data is often collected when an individual completes the purchase of a good or service from a company. It can consist of contact, bank or any other necessary details needed to facilitate an exchange.
However, much of the data that is collected is sensitive and if it were to fall into the wrong hands could result in fraudulent activities against the individual. This is regarded to be a direct breach of civil liberties. With so much personal data held by an increasing number of organisations, there needs to be some benchmark for companies to follow if they are to ensure that data is handled fairly. The Data Protection Act acts as a foundation for providing that benchmark.
Who need to comply with the Data Protection Act?
Any company or professional that needs to store personal data from clients in order to perform business activities is classified as a ‘data controller’. As a data controller they must notify the Information Commissioner’s Office (ICO) that they are responsible for the availability, integrity and security of that data under the Act.
Most companies in the UK who process customer data fall under requirements of the Data Protection Act. Some of the key regulatory bodies responsible for promoting faithfulness to the Act include the Financial Services Authority (FSA) and the Solicitors Regulation Authority (SRA).
There are 8 principles of the Data Protection Act and these are:
Principle 1: Information must be processed fairly and lawfully.
Principle 2: Information collected must be processed for limited purposes.
Principle 3: Information collected must be adequate, relevant and not excessive.
Principle 4: Information collected must be accurate and up to date.
Principle 5: Information must not be held for longer than is necessary.
Principle 6: Information must be processed in accordance with the individual’s rights.
Principle 7: Information must be kept secure.
Principle 8: Information should not be transferred outside the European Economic Area unless adequate levels of protection exist.
(http://www.backupdirect.net/data-protection-act-summary)

The Nursing and Residential Care Home Regulations 1984 (2002)
Care Standard Act 2000
The Nursing and Residential Care Home Regulations 1984 (2002)
Care Standard Act 2000

From April 2002, the Care Standards Act 2000 replaced the Registered Homes Act 1984 and in Scotland, a similar change occurred with the Regulation of Care (Scotland) Act 2001 replacing the Social Work (Scotland) Act 1968 and the Housing (Scotland) Act 1988.
The Care Standards Act 2000 and the Regulation of Care (Scotland) Act 2001 introduced new definitions of ‘Care Home’ and ‘Independent Hospital’, and ‘Care Home Services’ respectively. These replace definitions of ‘Residential Care Homes’ and ‘Nursing Home’ used in the Registered Homes Act 1984, Social Work (Scotland) Act 1968 and Nursing Home Registration (Scotland) Act 1938.
As the new Acts bring together the inspection of all residential and nursing homes within one scheme the changes made by the introduction of the new Acts rendered the existing references in the Housing Benefit regulations to the earlier Acts either obsolete or unnecessary. The Housing Benefit regulations now need to refer to the terms used in the new Acts which now identify these homes as a ‘care home’ or ‘independent hospital’ for England and Wales, and in Scotland as a ‘care home service’ or ‘independent healthcare service’.
The main changes introduced by the Act:
-For the first time local authorities will have to be regulated and meet the same care standards as independent sector providers.
-The Act introduces a new, independent regulatory body for social care known as the National Care Standards Commission. The NCSC will monitor care homes on a national basis and they will no longer be regulated by local inspectorate units.
-The Government has the power to introduce minimum care standards.
-The Act establishes a general social care council for England and a care council for Wales.
-The councils will register social care workers, regulate the training of social workers and raise standards in social care through codes of conduct and practice.
-Domiciliary care agencies have to be registered
- Any organisation arranging for people in their homes to receive personal care must be registered.