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Posted By Louisa Redpath
Hi all, hope some of you can help. My children’s school sent home a newsletter yesterday, stating
“On the advice of the local authority we will not be clearing or gritting the school paths and surfaces of ice and snow to avoid litigation”
The paths around the school are very dangerous in winter, they are steep, and we will have children suffering damaged or broken limbs, so this approach is a worry to me. Before I go in I just wanted to make sure of my facts, and seek other facts to help me. Am I correct in the following assumptions?
1. Not gritting paths to avoid litigation is an Urban myth anyway
2. The school have a duty of care under the regs to take the appropriate action to the paths?
3. Surely it is not a case of just not doing, it’s a case of having a competent and reasoned risk assessment, and making sure it is followed?
With ref to point 3 if anyone has such a competent risk assessment it would help if you could let me see a copy.
Many thanks in advance f your help.
Louisa
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Posted By Raymond Rapp
Louisa
In my opinion the school is leaving itself open to possible litigation by not clearing paths etc. It sounds like to me that 'elf & safety is being used as an excuse and by someone who is talking nonsense.
The school has both a regulatory and civil duty to ensure the premises are safe for children, employees and the public. They are liable to a claim of breach of duty of care (common law) and specifically a claim under the Occupiers Liability Act (civil law) should someone be injured.
I could say more but I think you get the picture.
Ray
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Posted By AHS
Whilst I wouldnt care to comment on any individual cases without carrying out the RA myself many decisions are financially motivated. The justifications used tend to be emotive such as its in the interest of childrens safety or its not fair on the children who are overweight to have a competitive sports day etc.
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Posted By Bob Youel
Whilst I am not saying that such advice is bad / good I advise that you contact the councils internal H&Safety team [not the councils EHO's!] as I am confident that they did not give such advice, have not been involved with such decisions and would be most interested in this area
Additionally obtain the name of those who advised such action [Note under the freedom of info act such info is available]
Look at what other similar schools are doing to compare situations and check out how new the head teachers desk, office, car is, as this will give you an idea of the persons attitude to others
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Posted By Jim Walker
Maybe your LA has no "real" lawyers working for it and takes their legal advice from a bloke down the pub.
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Posted By Exdeeps
Mornin',
Coming at this from a School Governors point of view this appears to be quite an odd bit of advise.
If you want to follow this up you need to make sure you go to the right people. Find out who runs the school Local Education Authority (may be county council or city council) and then find thier childrens services department. They will have a dedicated H&S team who will be the ultimate experts in that authority on H&S with regards to all things child centered. (They are the people who provide 24/7/365 coverage in the event of a school trip going wrong etc)Ask them if they made the recomendation and to comment,
Jim
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Posted By Suzanne
Hi Louisa,
If I were you, I would ask to see the risk assessment carried out by the local authority to see what alternative control measures they have in place to execute their duty of care to everyone who comes into the school. I would be really interested to know what the outcome of this is.
Regards
Suzanne01
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Posted By Mike Colborne
Louisa
Having been a governor with responsibility for health and safety at a school a few years ago, its seems unbelievable that the school has issued this letter. It's obvious that no competent person has given this advise and I can only believe that whoever holds the purse strings have had a major impact on this decision.
I suggest you contact the board of governors directly and ask them to respond immediately. Failing this, threaten the school with the press and see how quickly things happen
Mike C
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Posted By DRB
Strange advice but depends where the paths are. Are they on school premises?
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Posted By teaboy
apart from anything else, would not 'safe access and egress' figure in this somewhere?
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Posted By Chas You may be interested in the following link. If you read all the responses you will see there is one contributer whose company was taken to court by a delivery driver and the Court found in the company's favour. http://webcommunities.hs...showthread?threadid=3118
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Posted By Louisa Redpath
Thanks everyone for your comments, will let you know how I get on.
Louisa R
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