A Basic Understanding Of Irish Law

At common law, courts have previously stated that the standard of care required is that of a reasonable parent, or in loco parentis. This standard presents difficulties when applied to a teacher. Firstly, teachers are often responsible for large classes and may not be able to act and provide care in the manner of a parent. Secondly, the requirement of teachers to undergo education and training indicates that a different standard applies. The standard of care owed by a teacher or school is now said to be much higher than that of a parent and aligns the common law with statutory provisions by requiring the particular practitioner to act according to the standard of the ordinary reasonable practitioner of his or her profession.

Within all this, it is essential that the teacher establishes and maintains professional boundaries. These can be varied and quite different, depending on the context, the environment and the group or individual being taught, for example, a teacher teaching young children would have a different set of boundaries than a football coach coaching an adult football team. However, the teacher should always consider relevant legislation. This includes health and safety legislation such as the Health and Safety at Work Act, 1974; the Equality Act, 2010 and most relevant to the above example, child protection

It is important to take into account the health and safe requirements of all pupils before planning or starting any activity, ensuring that the environment is free of hazards and the children can play and learn safely.

The Education Act 2002 – local schools and authorities are required to protect and safeguard and promote the welfare of children.

. Schools have duty to protect the human rights of both its pupils and staff.

| Section 175 of the Education Act 2002 requires local education authorities and governing bodies of maintained schools and FE colleges to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of children.All children deserve the opportunity to achieve their full potential.  The five outcomes that are key to children’s and young people’s wellbeing are: * Stay safe * Be healthy * Enjoy and achieve * Make a positive contribution * Achieve economic wellbeing The school should give effect to their duty to safeguard and promote the welfare of their pupils (students under the age of 18 years of age) under the Education Act 2002 and , where appropriate, under the Children Act 1989 by: * Creating and maintaining a safe learning environment for children and young people. * Identifying where there are child welfare concerns and taking action to address them in partnership with other

All these laws influence the rights of individuals. Every early years, childcare and educational organisation needs to have policies and practices that put these laws into action:

The children act 1989 has influenced some settings by bringing together several sets of guidance and provided the foundation for many of the standards practitioners sustain and maintain when working with children. The act requires that settings work together in the best interests of the child and form partnerships with parents or carers. It requires settings to have appropriate adult to child ratios and policies and procedures on child protection. This act has had an influence in all areas of practice from planning a curriculum and record keeping. The every child matters framework has

Ensuring children and young people’s safety and welfare in the work setting is an essential part of safeguarding. While children are at school, practitioners act in ‘loco parentis’ while their parents are away. As part of their legal and professional obligations, practitioners hold positions of trust and a duty of care to the children in their school, and therefore should always act in their best interests and ensure their safety – the welfare of the child is paramount (Children Act 1989). The Children Act 2004 came in with the Every Child Matters (ECM) guidelines and greatly impacted the way schools look at the care and welfare of pupils. Children and young people should be helped to learn and thrive and be given the opportunity to

Every school must produce a range of policies which formally set out guidelines and procedures for ensuring equality. These policies must take account the rights of all children and young people. The policies in place work to ensure equality and inclusion; this can be conducted through the teaching and learning that occurs in the setting. However, the policies must also pay regard to the values and practice which are part of all aspects of school life.

As professionals, we have a duty to ensure that children and young people are protected while they are in our care and that where we have other concerns outside school, these are investigated fully. School policies and procedures need to be such that parents and governors are aware of them and that staff are fully trained with regard to safeguarding. Schools will need to consider and include in their policies:

Schools must have a policy about safeguarding children and this must adhere to current legislation. This policy should offer advice and have a recognised procedure for practitioners to follow in the case of suspected child abuse. If a child does approach a practitioner to confide in them about any form of abuse, the practitioner must:

In every organisation there are policies and procedures that the workforce has to follow, within the Education services we are no different and our policies and procedures are in place to protect both the young people and the people working with them.

Children and young people can be made aware of risks and hazards through the delivering of safety education including the PSHE (personal, social and health education) curriculum.

It is important when planning and setting up learning activities that indoor and outdoor environments are hazard free and that staff and pupils will be able to work safely. The following factors must be taken into account when planning healthy and safe indoor and outdoor environments and services;