Legislation relating to managing behaviours in the Level 4 Certificate in Education and Training (CET)

Legislation in the Level 4 Certificate in Education and Training

Legislation makes a massive difference to how you can manage behaviours in the classroom. When delivering private training such as the Level 4 Certificate in Education and Training (CET), learners are able to motivate themselves and don’t really cause any problems that as a tutor I need to step in anymore.  Working in other environments like prisons, social care, and colleges, you will be faced with disruptive behaviour, and you are no longer allowed to use the cane.  

How the Human Rights Act affects the Level 4 Certificate in Education and Training

First and foremost, we’ll talk about the Human Rights Act (1998), learners have the right to be free from being tortured. This means that we cannot injure our learners and sometimes even when you want to, you cannot. You will lose your job; you may even go to prison. Under the Human Rights Act learners have the right to express their opinions, this could give your organisation a poor reputation but ultimately, they have the right to complain and appeal.  

Being aware of legislation relevant to your role is crucial. The key aspects of legislation relating to managing behaviours in a learning environment includes: 

Equality Act (2010): It is essential to have an understanding of the Equality act as learners may require education relating to why their behaviour is inappropriate, due to their inequality or discrimination against other learners. There are protected characteristics which you must be aware of to help ensure that discrimination (direct or indirect), victimisation and harassment of learners and staff are prevented. The protected characteristics are age, disability, gender reassignment, pregnancy or maternity, race, religion or belief, sex, sexual orientation and marriage and civil partnership. 

Health & Safety at Work Act (1974): A major part of your professional practice is to take health and safety concerns seriously in terms of the learners for whom you are responsible, your colleagues and of course yourself. This is applicable in all classes as a common health and safety concern is when learners attempt to swing on chairs, which is incredibly dangerous. This is an example of when a low-level disruption is actually a very serious example of poor behaviour due to the risk to the health and safety of the student. The Health and Safety at Work Act becomes more important during practical classes; learners can handle materials that, if handled unsafely, can be extremely dangerous. This is an area where control of behaviour is extremely important as poor behaviour can become life threatening. There will also be additional ground rules to ensure that students remain safe within the classroom.  

The Education and Inspection Act (2006): The Education and Inspections Act represents a major step forward in the Government's aim to ensure that all learners get the education they need to enable them to fulfil their potential. Behaviour has long been a major concern for teachers and parents alike. The Act creates a clear statutory right for teachers to discipline learners, putting an end to the "You can't tell me what to do" culture. The Act tackles bad behaviour a major priority, providing schools with unprecedented powers, training, and resources. Sections 90 and 91 provide a new statutory power to discipline, which will give all teachers in lawful charge of learners, the power to discipline learners for inappropriate behaviour or for not following instructions. This will provide greater clarity for training providers and learners on the extent of teacher’s powers to discipline learners. 

Human Rights Act (1988): Within teaching and education, learners have the right to make decisions by having a voice and having their opinions heard. An important aspect of the agreement is that learners have the right to appeal and complain. This should be shown in a teaching establishment conduct and disciplinary procedure as each stage of the disciplinary procedure provides the learners with the opportunity to appeal the decision made by the member of staff instigating the disciplinary.