HEALTH AND SAFETY AT WORK ACT 1974

Produced as part of the Partnership Development Schools (PDS) Strategy Phase 3 2008-09 (Lead PDS: The Park Community School. Contact Chris Ley (cley@parkcommunity.devon.sch.uk)

DUTIES OF SCHOOLS

• Produce a health and safety policy

• Appoint a health and safety officer (this may be head)

• Provide facilities for union health and safety representatives

• Assess risks identified and reported, and act accordingly

SCHOOL HEALTH AND SAFETY POLICY

• general law and aims• responsibilities of

LEA, Governors and head

• names of H&S Officer and representatives

• duties of teachers and other staff

• expectations of pupils

• emergency procedures

• security issues• accident reporting

and recording procedures

• school visits• intruders and assaults• medical facilities and

arrangements• monitor and review

DUTIES OF EMPLOYEES

• To take reasonable care – for their own safety– for the safety of others

• Co-operate with those who have duties under the Act

• Unlawful to misuse anything provided for the purposes of health or safety

DUTIES OF TEACHERS

• Duty of care and duties under Act correspond

• Must be familiar with the school’s Health and Safety policy

DUTY OF CARE• Statutory - by legislation

• Contractual - by contract

• Pastoral - inherent in the role of teacher

“REASONABLE”• NO firm definition

• Each case would be assessed to see if teacher was negligent

NEGLIGENCE

• An action which could reasonably have been expected to contribute, directly or indirectly, to causing harm to a pupil

• A failure to take action to prevent reasonably foreseeable harm to a pupil

• Continuous risk assessment

RECOGNITION OF RISK

EXERCISING THE DUTY OF CARE

• Recognition of risk

• Removal of hazards– animate hazards (children)– inanimate hazards (things)

• Clear warning of danger

DUTY OF CARE OFF-SITE

DUTY OF CARE OFF-SITE• Contractual duties of care same on-site

and off-site

• Higher duty of care where greater level of risk

• Still applies when shared with activity instructor (overarching duty of care)

HAZARDS

• Four children lost when swept out to sea at Land’s End

• Four children died when they slipped over a precipice in Austria

• Three children and a teacher died when Greek ferry sank

• Four sixth form pupils drowned on canoeing trip off Lyme Regis

• Twelve children and teacher died when minibus crashed on M40

• Pupil raped and murdered in French hostel

“R.O.S.E.”

Research

Organisation

Supervision

Enjoyment

• Break from routine

• New and exciting environment

• Challenging activities

• Learning new skills

ENJOYMENT

RESEARCH• Suitability of activity

– age– sex– aptitude– special needs– educational value

• Level of supervision required– age, sex, special needs– level of risk in activity– qualification and/or training necessary

RESEARCH

RESEARCH

• Needs of pupils– equipment– training– clothing

• Residential considerations– fire safety

• exits• appliances• evacuation procedures• availability and training of staff

– security• keeping children in• keeping intruders out

RESEARCH

RESEARCH• Activities

– commercial licence– quality of equipment– training and number of staff– first aid and emergency procedures

RESEARCH

• Site and environmental assessment– risk assessment– advanced planning

ORGANISATION• Parents

– information for parents– parental consent, inc. relevant medical

information (especially allergies/Epipens)– code of conduct– passports, where appropriate

ORGANISATION

• Insurance– public liability– third party liability– personal accident to pupils, staff, helpers– medical treatment– emergency transport and accommodation– cancellation/delay compensation– loss/damage to luggage/equipment

ORGANISATION• Emergency procedures

• Transport– Coach hire

• suitability• seating• insurance• back-up

ORGANISATION

• Transport – School minibus

• maintenance• tax• insurance• MOT• road worthiness• legal responsibilities of the driver• seats and seat belts

ORGANISATION

Police clearance of helpers

• gender balance

• briefing of helpers

SUPERVISION

• Delegation of responsibility– helpers– activity centre staff

• Nature of children

SUPERVISION

• Break from routine

• New and exciting environment

• Challenging activities

• Learning new skills

ENJOYMENT

NO CONTRACTUAL OBLIGATION TO DO IT!

ENSURING THE WELFARE OF CHILDREN

In Loco Parentis(in the place of a parent)

• Usually used to describe responsibilities of a teacher towards the pupil

• Common law duty/responsibility towards pupils

CHILDREN ACT 1989: Section3(5)

States that a person who has care of a

child, e.g. Headteacher, may do what is

reasonable under all circumstances for

the purpose of safeguarding or promoting

the child's welfare

CHILDREN ACT 1989: Section3(5)

• “A person who ………has a duty of care of the child, may ….do what is reasonable ….for the purpose of safeguarding or promoting the child’s welfare”

WHAT IS “REASONABLE”?

• As in Conditions of Service, Duty of Care, this is not defined

• If teacher knows or suspects harm or neglect

• Designated teacher

• School is not an investigation agency

DEPARTMENTAL GUIDELINES

• DfEE - Circular 10/95- “Protecting Children from Abuse”

• ‘Working Together to Safeguard Children’ – a guide to interagency working to safeguard and promote the welfare of children (1999)

WHAT IS ABUSE?• Physical abuse

• Physical neglect

• Emotional neglect

• Sexual abuse

PHYSICAL ABUSE

• Actual injury - may involve: – shaking, throwing, hitting, poisoning, burning

or scalding, drowning, suffocating or otherwise causing physical harm to a child

• Likely injury

• Failure to prevent injury

PHYSICAL NEGLECT

• Persistent or severe:– inadequate clothing– poor growth– hunger/malnutrition

EMOTIONAL NEGLECT• Indicated by:

– excessive dependence– attention seeking

EMOTIONAL NEGLECT

• Contributory factors:– Family may be suffering multiple

disadvantages– Poverty:

• children live in crowded or unsuitable accommodation

• have poor diets• lack ready access to good educational and leisure

opportunities

Sexual Abuse

Forcing or enticing a child or young person to take part in sexual activities, whether or not the child is aware of what is happening

SEXUAL ABUSE

• Physical signs

• Behaviour changes– sexually provocative– withdrawal

PROTECTION OF EVIDENCE

• Care when asking questions– listen not lead

• Recording of evidence

• Referring case

• Confidentiality

ALLEGATIONS AGAINST TEACHERS

• Refer to Head (if against Head, to Chair of Governors)

• Three levels:– evidence of serious abuse - child protection

agencies– evidence of inappropriate behaviour - local

disciplinary procedures– unfounded allegation

Relationships With Pupils • Sexual Offences Amendment (2000) Act• Do not leave yourself vulnerable by:

– being alone with pupils– give pupils lifts – accept or give gifts to pupils– send e mails or text messages

• Immediately discourage and report any obvious crushes which are developing

• COMMON SENSE – BE AWARE!

FALSE ALLEGATIONS

• The use of force can lead to:– disciplinary hearing – investigation under child protection procedures– criminal proceedings for assault– civil proceedings for damages

• In order to be able to respond to such allegations: – act only to prevent injury or damage– know the school’s restraint policy– act within the policy at all times

COMPLAINTS

RELATED MATTERS

• School Policies

• Child Protection Register

• Children with SEN

PHYSICAL CONTACT WITH PUPILS

WHAT IS APPROPRIATE

• Since the Children Act 1989 a myth has arisen that any physical contact with pupils is unlawful or unprofessional

• Some contact is unavoidable and, in some cases, essential

• However, how this contact takes place is a matter for some care as some actions can be misinterpreted.

DfEE CIRCULAR 10/95

• “…unrealistic to suggest that teachers should touch pupils only in an emergency…”

• “….it is inevitable……. Particularly with younger pupils”

APPROPRIATE CONTACT

• support during PE

• comfort when distressed

• first aid

• positioning hands on musical or craft instruments

• children with physical special needs

• children in danger of causing harm to themselves, others or property

PHYSICAL RESTRAINT OF PUPILS

• Section 4, 1997 Education Act added new section 550A to 1996 Education Act

• Defines circumstances where “reasonable” force may be used to stop or prevent violent behaviour

• Consider alternative strategies - use force only if immediate risk

• Tell pupil to stop and warn of consequences• Do not use contact which could be construed as

indecent• Tell pupil that force will cease when pupil

complies with instruction• Keep calm and do not display aggression

INCIDENT MANAGEMENT

• Act on your own only in dire emergency• Isolate offending pupil or remove other pupils

from area of risk• Send for assistance

INCIDENT MANAGEMENT

WHEN RESTRAINT CAN BE USED

• To stop or prevent– committing a criminal offence– injuring themselves or others– causing damage to property including their

own– engaging in conduct prejudicial to good order

and discipline in the school

• This applies in school and during authorised out of school activities

WHAT IS “REASONABLE” FORCE?

• There is no definition of what is reasonable

• Force must:– be warranted by the nature of the incident– relate to the seriousness of the offence and

possible consequences– take account of the age and gender of pupil– not be used as a form of corporal punishment

for the offence

• Fighting• Deliberate damage or vandalism• Accidental injury or damage through

misbehaviour• Serious disruption• Absconding from class or school and pupil

would be at risk

SITUATIONS WHERE FORCE MAY BE APPROPRIATE

FORMS OF PHYSICAL INTERVENTION

• Shepherding a pupil away by placing a hand in the centre of the back

• Standing between pupil and object of aggression• Hold, pull, push or lead by the hand or arm• Guiding away by hand in centre of back• Blocking a pupils path

FORMS OF PHYSICAL INTERVENTION

• You should never:– hold around neck or by the collar or restrict

breathing– slap, punch, kick, trip or force limbs against a

joint– hold by or pull by the hair or ear– hold a pupil face down on the ground

• Seek immediate advice of union representative• Make prompt oral report to Head/line manager • Written report as soon as possible

REPORTING INCIDENTS

• Report to include:– name of pupil involved– witnesses - both staff and pupils– reason for the use of force– how the incident began and progressed– pupil’s response– details of any injury to pupil, other pupils, self,

damage to property

• Keep a copy and give one to Union Rep.

WRITTEN REPORTS

• The use of force can lead to:– disciplinary hearing – investigation under child protection procedures– criminal proceedings for assault– civil proceedings for damages

• In order to be able to respond to such allegations: – act only to prevent injury or damage– know the school’s restraint policy– act within the policy at all times

COMPLAINTS

• 158 allegations against NASUWT members in 2002 which required police interview

• National network of Investigation and Referral Support co-ordinators

• Meredith-v-Bournemouth Borough Council

Advice

• Although it is not obligatory you are strongly advised to join one of the teaching unions:

• ATL (Association of Teachers and Lecturers• NASUWT (National Union Of School Masters/Union of

Women Teachers)• NUT (national Union of Teachers• In addition there are various subject specific associations

which you can find on www.teachernet.gov.uk/professionaldevelopment/professionalassociations/subjectassociations