safe and unsafe areas inside and outside of the location
• encourage his learners to create a display of their pictures and to discuss what they had noticed
• share the information with other learners and staff.
In this example, the learners were able to identity that they were in a safe environment, and to know what to do if they felt unsafe for any reason.
Your learners need to know that their safety and security is of paramount importance to you and your organisation, and that everyone has a responsibility for this. This information can be communicated to your learners in various ways, i.e. through learner handbooks, marketing materials, induction procedures, learner contracts, tutorials, reviews of progress, online information, and learner discussion groups and activities.
Extension activity
What issues might learners encounter regarding their safety and security in the learning environment? How can you maintain a safe and supportive environment for your learners? What can you do if something occurs which is outside of your control?
Legal, regulatory requirements, and codes of practice
Legal aspects relate to laws, regulatory requirements are usually specific to certain industries, and codes of practice vary depending upon the organisation within which you work. It is important for you to keep up to date with all relevant aspects. This will help to ensure that you are remaining current with your skills, knowledge and understanding, and with any changes or updates that have taken place.
Example
Davit wanted to give his learners some handouts rather than ask them to purchase a textbook for the course. He photocopied extracts from a book, but did not add the details of the book to the handouts. Although his organisation paid for a licence to copy extracts, Davit had not realised he had copied more than he was allowed. He had therefore breached the UK Copyright, Designs and Patents Act (1988).
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
