HEALTH AND SAFETY AT WORK ACT 1974 Produced

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

RECOGNITION OF RISK • Continuous risk assessment

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 M 40 • Pupil raped and murdered in French hostel

“R. O. S. E. ” Research Organisation Supervision Enjoyment

ENJOYMENT • • Break from routine New and exciting environment Challenging activities Learning new skills

RESEARCH • Suitability of activity – age – sex – aptitude – special needs – educational value

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

RESEARCH • Needs of pupils – equipment – training – clothing

RESEARCH • Residential considerations – fire safety • • exits appliances evacuation procedures availability and training of staff – security • keeping children in • keeping intruders out

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

ORGANISATION • 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

SUPERVISION Police clearance of helpers • gender balance • briefing of helpers

SUPERVISION • Delegation of responsibility – helpers – activity centre staff • Nature of children

ENJOYMENT • • Break from routine New and exciting environment Challenging activities Learning new skills

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: Section 3(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: Section 3(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 • Df. EE - 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

COMPLAINTS • 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

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.

Df. EE 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 550 A to 1996 Education Act • Defines circumstances where “reasonable” force may be used to stop or prevent violent behaviour

INCIDENT MANAGEMENT • 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

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

SITUATIONS WHERE FORCE MAY BE APPROPRIATE • Fighting • Deliberate damage or vandalism • Accidental injury or damage through misbehaviour • Serious disruption • Absconding from class or school and pupil would be at risk

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

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

WRITTEN REPORTS • 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.

COMPLAINTS • 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

• 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/profes sionalassociations/subjectassociations