Describe the relationship between legislation, policy, and procedure. The description must provide evidence of understanding of the relationship between legislation, policy and procedure. This has to be related to safeguarding

Legislation sets out the law and therefore, the procedure or standard that people and organisations must follow. Therefore, laws can be used to enforce the course of actions as set out within a policy , but policies may also be adopted as a way of fulfilling legislative commitments.

Legislation are the foundation from which the policies and procedures are drawn. In the context of safeguarding, the legislations requirements guides the childcare setting and educational establishments to put together some 'rules' and 'instructions' that EYP understand and put into practice.

Policies and procedures can fulfil employers' obligations and responsibilities under certain legislation such as work health and safety and discrimination legislation. 

Policies and procedures provide employees with a clear understanding of what is expected of them.

Safeguarding Policies should:
Demonstrate ownership of the safeguarding agenda
Maintain and review a record of concerns
Follow safe recruitment procedures, including DBS checks (by the Disclosure and Barring Service)
Maintain safe premises and equipment, inside and out
Make sure that all staff are aware of their responsibilities
Report concerns promptly
Be alert to the signs and symptoms of abuse
Make provision for whistleblowing
Tell staff you have an open door policy
Cooperate with investigations by Adult Social Care
Support any protection plan put in place
 

Step-by-step explanation

Legislation is the legal framework upon which policies are based. Care practitioners must ensure their practice adheres to local and organisational policies to ensure that they remain within the law and bet practice.

Legislation such as the Human Rights Act means individuals are free to make their own choices even unwise ones.

Policies such as safeguarding policy will mean that carers cannot agree to confidentiality with clients for certain information passed to them (such as disclosure of abuse) because they have a duty of care to pass this information onto relevant agencies or person