Introduction
The Duty of Care for Students Policy Western Australia (The Policy) is an important document which outlines the responsibilities of everyone who has contact with children in schools and their level of care. It outlines the various situations in which the policy applies and who is governed by the policy. It gives clear guidelines for actions to be taken under specific circumstances and covers the liabilities should a student come to harm.
This document analysis will outline the rationale behind the writing of the Policy, the issues covered, its importance and who is subject to its requirements. The Policy will be applied to three scenarios showing implications of behaviour, measures needed to ensure policy requirements are met, and impacts on teachers, students, professionals and parents.
Discussion
The Policy
A duty of care applies “whenever the teacher is a representative of the school in control of students and their actions” (Whitton et al. 2010). The obligations of teaching and non-teaching staff to ensure that a standard of care is provided to a student which is in line with legislation and parental expectations are specified in the Policy. It was developed to ensure that all staff work within the same guidelines, are professional, have support and are accountable for their actions. The Policy has been established to explain what ‘duty of care’ means, how teaching staff may discharge their duty of care, and circumstances in which non-teaching staff, external providers and volunteers may owe students a duty of care (Department of Education and Training Western Australia, [DETWA], 2007).
The Policy covers what is reasonable care, assessing the risks involved in a school activity, when a duty of care ...
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...r own bullying and risk management policies to support it.
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Risk assessments have to be made when on school trips or off site visits based on students needs for example special educational or medical needs. Adult to student ratio, routes and location as well as emergency procedures.
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This report aims to provide a better understanding of the Western Australian Department of Education (WA DoE) Duty of Care for Students Policy by discussing its rationale, the issues covered, its importance and who is subject to its requirements. It will also discuss the implications and applications of the policy in relation to three scenarios.
Within the care system there are two different routes in to care and these are voluntary care and compulsory care. Voluntary care is when the parent agrees for their child to be placed in to the care system and this care section is under section 76 of the social services and wellbeing act of 2014. Then there is compulsory care and this is when the imposition of a care order is put in place by the authorities. This is under section 31 of the social services and wellbeing act of 2014.
The first Australian Professional Teaching Standard is ‘Know students and how they learn’(AITSL, 2011). Understanding how students learn is a significant component of effective teaching (1.2 AITSL, 2011). Furthermore, effective teachers require an understanding of students physical, social and intellectual development and characteristics (1.1 AITSL, 2011). In addition, APST Standards require teachers to demonstrate both content and pedagogical knowledge through lesson plans (2.1 AITSL, 2011) with the curriculum content being structured and sequenced to facilitate effective learning (2.2 AITSL, 2011). However, it is also critical to have a repertoire of teaching strategies which are responsive to a diverse range of student backgrounds, including linguistic, cultural, religious, and socioeconomic (1.3 AITSL, 2011). An effective learning, in accordance with The Australian Curriculum and Assessment Reporting Authority, provides learners with general capabilities (knowledge, skills, behaviours and characteristics) and include understanding of Aboriginal and Torres Strait Island students learning needs and incorporate differentiated teaching methods to meet the needs of specific
The Children’s Act 1989 and 2004: This act is all about ensuring that the children are kept safe from harm and are developing healthy. It’s important that settings support children and their families and work together with them to provide the best for the children. In 2004 the act was revisited because of the Victoria Climbie case and the every child matters came into place where five main aims were made: be healthy, stay safe, achieve through learning, achieve economic well-being and make a positive contribution to society.
The Health and Social Care Act 2008 made every health and social care service in England and Wales legally responsible for making sure it meets new essential standards of quality and safety. Ensuring that staff are supported in their role of providing care and treatment to vulnerable individuals. It states that staff must be properly trained, supervised and appraised. It also ensures that professional development for all staff and CQC requires that staff are supported and codes of practice are followed and supervisions help us to achieve this.
The school has a Confidentiality Policy, which all staff needs to be aware of, this sets out the school's aims and objectives relating confidentiality and gives guidelines on how to handle confidential information. The Data Protection Act 1998 states that
• The role of school and college staff is highlighted as being especially important in safeguarding children because of their position to identify concerns early on, provide early intervention and to
When working practitioners must not only protect the children they work with when in the school setting and off site, but also themselves. Whether in school or off-site the school safeguarding policy should be referred to, to give guidance and adhered to at all times.
The main points of the children’s act 1989 are parental responsibility and the welfare of the child. Children are best cared for within their own families. The act states that the mental and physical wellbeing of the child is important. Professionals and parents/carers must work together to ensure the safety of the child. Local authorities have a duty to look into situations where they suspect a child or young person to be suffering from significant harm. Duties get allocated to local authorities, and other agencies to ensure that all children are safeguarded. The children’s act 2004 reinforces that all organisations that work with children and young people must help to safeguard
LSCB, (2013), SAFEGUARDING CHILDREN, YOUNG PEOPLE AND VULNERABLE ADULTS POLICY, (www.safechildren-cios.co.uk), [Assessed 1 November 2013].
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