Topic 9- Legal Responsibilities

Question 1

What are the 6 different pieces of legislation in the UK that are designed to protect children from harm?

Answer 1

• Children Act (1989)
• Human Rights Act (1998)
• Protection of Children Act (1999)
• Care Standards Act (2000)
• Criminal Justice and Courts Act (2000)
• Disability Discrimination Act (1995 and 2005)

Question 2

How does the Children Act (1989) define harm to children?

Answer 2

“ill-treatment or the impairment of health or development, including impairment suffered from seeing or hearing the ill-treatment of another”

Question 3

What is meant by the term ill-treatment?

Answer 3

ill-treatment: includes sexual abuse and other forms of ill-treatment which are not physical

Question 4

What is meant by the term health?

Answer 4

Health: includes physical or mental health

Question 5

What is meant by the term development?

Answer 5

Development: includes physical, itellectual, emotional, social or behavioural development.

Question 6

True or false?

The legal definition of ‘children’ covers anyone under the age of 16

Answer 6

False!

It covers anyone under the age of 18.

Question 7

What are the five key principles of the Code of Conduct for Dance Teachers?

Answer 7

1. Integrity- including upholding the standards and reputation of dance teachers
2. Objectivity- ensuring that students are not discriminated against on the grounds of ‘sex, race, colour, religion, disability, national or social origin, property, birth, religious or other beliefs, sexual orientation and other status’
3. Competency- ensuring that their skills and knowledge are kept up to date and work within their sphere of competence
4. Due skill and diligence- not acting in a manner that would be detrimental to the interests and safety of students
5. Courtesy and consideration- acting in a manner to pronounce and safeguard the interests of students.

Question 8

What is continual professional development?

Answer 8

Maintaining and updating knowledge in a specialised area.

Question 9

What is meant by the term Loco Parentis?

Answer 9

That the teacher is responsible for the welfare and safety of the child whilst that child is in their care.

Teachers and other staff have a duty to act as any reasonably careful parent would to make sure that children in their care are healthy and safe. In exceptional circumstances this might extend to administering medication or taking action in an emergency.

Question 10

What action should be taken for a child that needs to take medication whilst attending dance classes such as those with asthma?

Answer 10

Consent should be obtained from the parent (for those under 16 years old) to give permission for the dance teacher or child to administer the prescribed medication. The medication should be acompanied with written instructions clearly explaining dosage, the type of medicine and the circumstances under which it should be given.

Question 11

What does the Criminal Justice and Courts Act 2000 (CJCA) state?

Answer 11

That it is a criminal offence for someone to apply for or accept any work that involves children if they have been previously disqualified for working in this area. It is also a criminal offence to employ someone who is disqualified from working with children.

Question 12

True or false?

Private dance teachers who work outside of the public sector are not legally required to hold a DBS.

Answer 12

True!

Although it is considered good practice to do so and can help instil a greater level of confidence in prospective parents.

Question 13

Is a child protection policy a legal requirement for dance teachers?

Answer 13

No however it does inspire confidence in parents as it is regarded as good practice.

Question 14

What should a child protection policy contain information on?

Answer 14

• general priciples of protection
• promoting good practice
• identifying poor practice
• responding to disclosures
• what action should be taken
• sources of further information and contacts

Question 15

Why is a child protection policy necessary?

Answer 15

• Many local authorities may require an organisation to have a child protection policy in place before they hire out their facilities
• Many insurance companies may require an organisation to have a child protection policy in place before they will grant Public Liability Insurance
• When applying for funding, many organisations require that a child protection policy is in place before they give them financial support

Question 16

Why must teachers obtain clear documentation or a contract signed by parents before beginning teaching?

Answer 16

A teacher should outline the teaching methods incuding physical contact that the teacher might use within a lesson prior to the student starting so that the parents and children know what the classes will be like. Permission for photography and videoing must also be obtained.

Question 17

What is Public Liability Insurance?

Answer 17

This protects teachers from claims from members of the public for illness, injury, death and loss or damage to property. This may already be covered in the facilities that you may be using.

Question 18

What is Professional Indemnity Insurance?

Answer 18

Provides cover against liability for negligence.

Question 19

What is Personal Accident Insurance?

Answer 19

This provides cover for the teacher if they are injured or become ill.

Question 20

What is Employers’ Liability Insurance?

Answer 20

This is a requirement for businesses that employ staff. This ensures that staff are covered for physical injury or illness that may results from their work. The certificate should be displayed at each place of work.

Question 21

What is meant by data protection?

Answer 21

Under the Data Protection Act 1998, everyone has a right to see the information held about him/her by an organisation for a small fee.

Question 22

What are the 8 key principles of the Data Protection Act?

Answer 22

Data must be…

1. Fairlyand lawfully processed
2. Processed for limited purposes
3. Adequate, relevant and not excessive
4. Accurate
5. Not kept longer than is necessary and destroyed after use
6. Processed in line with the data subject’s rights
7. Not transferred to countries outside the European Union
8. Not transferred to anyone else or any other organisations

Question 23

What informmation is it appropriate for dance teachers to have about their students?

Answer 23

• Name and contact details
• Contact details of parents/carers
• Any medical conditions and what to do in an emergency procedure
• Any medication that may need to be taken
• Parental consent for students to take medication if under 16
• Parental consent for any particular event or activity