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Posted By Zoe Barnett
A recent Ofsted inspection has found H&S in a school to be "Very Good."
Recent visits from the HSE and the LEA safety team have formed exactly the opposite impression.
Why are Ofsted allowd to inspect H&S when they clearly don't know their gluteus maximus from their humerus on the subject?
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Posted By Heather Aston
Zoe
What did the OFSTED team base their impression on?
In my (limited) experience of this (as a school governor) I find they look very much on the surface - evidence of signs, first aid arrangements, supervision in the playground, security arrangements for "people safety" and spend virtually no time looking at any of the management systems behind all of this.
Do you think this is what has happened in your case?
Heather
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Posted By Linda Crossland-Clarke
I came to the same opinion.
Our local nursery (my child was attending at the time) asked if I wanted to be on their commitee. I did the quick verbal "20 questions" at the first meeting and offered to do a workplace inspection for them. Ofsted had issued them the approval, giving the nursery the impression that they were fully legal. But no policy, risk assesments, incorrect fire provision, no emergency provision etc. Result.. me practically linched for making a fuss.... hasty withdrawal of myself and child from the nuresry.
I down loaded an ofsted doc after that, I will see if I can dig it out for you.
Linda
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Posted By Jez Corfield
Zoe
It is a common misconception to think that Ofsted might actually inspect standards of health and safety. They have no regulatory remit for health and safety as we would recgonise it!
There is one standard, in all of the standards, that is about pupil health, safety and welfare, but it is not about staff safety or what we would see as 'normal' H&S management standards. If they are concerned about pupil H&S they are likely to skate over the surface, looking at the safety of pupils in relation to specific academic activities.
It is the remit of the other enforcers to actually inspect with regard to H&S - but this leaves the Ofsted inspectors in a pickle, what do they do if they come across a problem?
Likewise, other than some very specific pupil related subjects they have to take the head/manager on their word - as they dont actually have the skills (or remit) to look at general H&S.
Jez
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Posted By Kieran J Duignan
Zoe
In response to the question you actually asked, 'Why are Ofsted allowed to inspect H & S...?', in my experience it is precisely because they are not competent to do it that they are, in your word, 'allowed' to inspect it.
This provides a sheen of plausibility to politicians and simply illustrates how political H & S is, although it may not always be so obvious outside the public sector.
In my experience as an expert witness about H& S claims against employers, the danger that arises that the local authorityand/or school may try to use such an Ofsted 'tick' as evidence of satisfactory compliance - and even get an expert witness of their choice to vouch for it.
If you want to safeguard your own credibility, it may be wise to draw the attention of relevant authorities to relevant HSE Regulations and some excellent HSC policy documents on H & S in Education endorsed by diverse education authorities.
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Posted By AjSaunders
In my experieince i have come across conflicting reports, and indeed conflicting levels of "competence" amongst various Inspectorates. I am led to believe that as part of training requirements an element of H&S training is required, although i believe this level to be of a very basic nature - which raises the competence question!!
I have had many a "discussion" with Care Commission Inspectors in the past who have made comments not based on any law i am aware of.
At the end of the day they are there to indpect/enforce care standards - which is completely different to safety legislation.
I have had heads of establishments freaking out in the past over comments "requirements" of inspectorates which have no basis in law.
In short, of all the inspectors i have come across (many) i wouldnt consider any of them competent in anyway to offer competent safety advise, nevermind stipulate requirements!
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Posted By AjSaunders
please excuse the typo!!
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Posted By Jez Corfield
AJ,
The reason it might be unfamiliar is because they ARE inspecting to legislation that you may be unaware of, in the case of the Care Commission its the Care Standards Act 2000 which contains safety requirements totally different to 'traditional' H&S legislation.
Jez
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Posted By J Knight
AJ (and anybody else reading who is the Care Industry)
Be aware that NCSC and their successor bodies CSCI and CHAI have a memorandum of understanding with HSE and thereby can prosecute for breacjes of H&S legislation which might affect service users or patients. Of course, they still wouldn't know a COSHH from a RIDDOR from a DSEAR, but they can do you if you don't!
John
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Posted By AjSaunders
I am well aware of the Care Standards Act thanks - as i said they are there to apply care standards - not h&s legisaltion
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Posted By J Knight
Aj & Jez,
Our in-house lawyer has the view that the standards are an audit tool, and breaches of the standards would merely be evidence in court. Prosecution would still have to be for specific breaches of the Care Homes & Care Standards Act & associated regulations or HASAWA and associated regulations; but note my previous post on the subject of just how much power they have.
One of our managers was insepcted recently, her first since CSCI moved into the Healthcare commission, and said that the tone and nature of the inspection was very different, much more focussed on outcomes & people and much less on process & paperwork; sounds good to me,
John
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Posted By AjSaunders
My understanding of the letter of understanding is slightly different. Although yes inspectorates could cause problems if there is a breach in h&s legislation - if the issue was h&s realted i.e. specific regulations applicable to it, then the HSE would be the enforcing authority NOT the Care Commission.
the letter of understanding is open to slight interpretation. as i said i have had many dealings with them as a safety advisor for an LEA Education service and have taken my own advice.
I dont have a problem when they stick to care standards but i do have a problem when inspectors try to preach h&s legislation when they dont have the necessary level of understanding. Anyway, moan over.
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Posted By J Knight
Hi Aj
Just to point out that when a former employer of mine was facing prosecution for breaches of HASAWA leading to a fatality it was an Inspector from the Local Authority (under the old inspection regime) who conducted the PACE interview; CSCI/CHAI can prosecute,
John
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Posted By Jack
But surely not under HASAWA?
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Posted By J Knight
Yes, under HASAWA, that's the whoellpoint really. Specifically in this case for breaches of S3 HASAWA 1974 and Regulation 3 of the MHOR 1992 (it was some years ago). There was no prosecution in the end because we rolled over and waved our legs in the air and the family didn't want to pursue it; but it went to PACE interviews of three parties, all conducted by LA Care Inspectors,
John
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Posted By J Knight
Oops, silly me, MHSW Regs, not MHOR,
John
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Posted By Jez Corfield
John,
Maybe they could prosecute under the old R&I regime but CSCI inspectors can now only prosecute under the CSA 2000 - even then they hardly ever do it.
Jez
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Posted By Ken Taylor
Our schools are visited by the Independent Schools Inspectorate who issue guidance for both health and safety and pupils' welfare. Check-lists ask for the school health and safety policy and procedures for monitoring, maintaining and improving health and safety standards and list numerous questions both general and specific to individual departments in addition to seeking judgement on child protection issues.
A self-audit check-list has also been issued to schools which has a few questions about policies for bullying, safeguarding, educational visits, good behaviour, boarding standards, fire safety, first-aid, supervision, discipline, attendance and DDA - although a few other H&S-related items appear under 'the suitability of the premises and accommodation'. Checking risk assessments and their quality doesn't really seem to feature in any specific way. It all seems to come down to subjective observation based upon issued DfES guidance and standards and not really health and safety monitoring.
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