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#1 Posted : 22 November 2008 11:49:00(UTC)
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Posted By Ian Luckhurst
Can anyone please advise me?

During the past 4 years my 16 year-old son has developed his position in his school as the 'schools sound engineer'. This means that he organises and installs a wide variety of sound equipment for the majority of school functions that require amplified sound - Open Events, School Productions, Concerts and Presentations etc.

On several occasions he has had to crawl through narrow roof spaces to lay cables, handle sophisitcated electrical equipment and lift heavy gear. Whilst he enjoys his extra-curricular role, he has been taken out of lessons without our knowledge to help with urgent requirements and committed inset-days, weekends and evenings to his role. His role is entirely voluntary and he receives no money for his work.

Whilst we have turned a blind eye to the schools use of his talents, and appreciate that our son's standing and reputation in school is positively enhanced by his role, we are now concerned that risks involved have not been properly assessed. He has never received any H & S training and although he has not had any accidents so far, he came home last night with a severe back ache, having lifted, moved and re-located several heavy items of kit with no supervision whatsoever. "Lifting" training has NOT been provided.

Could anyone advise me of the schools' legal responsibilities and liabilities in such a case? I imagine that they are in breach of one or more Laws but I've been unable to find specific references to the use of children to undertake professional, and potentially dangerous tasks, as described above. Of passing interest is the fact that his work has also saved the school £000's in contractor fees during the past 4 years. Although this is not our primary concern, could it have any bearing on the schools'legal liabilities and responsibilities.

We just need to 'know the facts' before we approach the school and, if appropriate, insist that they comply with legislation, if in fact they are in breach.

Many thanks in advance,

Ian Luckhurst
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#2 Posted : 22 November 2008 12:52:00(UTC)
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Posted By Philip McAleenan
Ian,

I would suggest that you delay no more and go to the school with the list of facts that you have posted here. This is your son and the school has a responsibility for his welfare whilst he is there, whether voluntarily or as part of his educational day. Seek an immediate meeting with the principal, express your concerns as described to us and insist that improvements are made to both the supervisory provision and the training given to your son. As a parent you can decide whether to permit your son to be involved or not in these extracurricular activities.

Principals’ generally look forward to working with parents and to resolving their concerns in a manner the puts the child’s welfare first. And if you are unable to obtain satisfaction for your concerns, go to the Board. All this can be done without recourse to quoting laws and in the meantime you have taken your son is out of harm’s way pending a resolution.

If for some reason you still need legal arguments you will I am sure have some good responses here and from other professional legal sources, but don’t delay action waiting for this.

Regards, Philip
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#3 Posted : 23 November 2008 09:22:00(UTC)
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Posted By Ian Luckhurst
Many thanks for your advice Philip.
Regards, Ian
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#4 Posted : 23 November 2008 15:50:00(UTC)
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Posted By Lilian McCartney
Hi Ian,

I agree with Phillip.

I'd get to the school right away.

My experience of 'sound engineers' is that they often 'adapt' (for want of a better word) things which means electricity is involved and your son is not a competent person to do this.

If you get no luck at the school the LA is likely to have a Safety Officer - get them involved.

Your sons back injury should also be recorded.

It's a great interest and your son may want to develop this as a career (or continue as a hobby - local church etc) so get help now before he gets hurt - without banning him - will only help his future.

Hope all goes well

Lilian
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#5 Posted : 23 November 2008 17:58:00(UTC)
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Posted By Ian Luckhurst
Thank you Lilian, I quite agree that I should discuss matters with the school.
However, I would also like to know which laws thay are/might be contravening. Regretably the Head and Governors are extremely arrogant, and have been dismissive of earlier remonstrations.
I need to get a bit tougher with them and a greater knowledge of the law would obviously help.

Kind regards, Ian
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#6 Posted : 23 November 2008 19:53:00(UTC)
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Posted By Pete48
Ian, the guidance to schools is very clear. see this link. They have a duty to protect their pupils.
http://www.teachernet.go...safety/responsibilities/

I doubt that quoting the law will help if the staff are as you say but you should find enough in the link given for you to challenge if that is what you want to do..
Why not just ask to see the risk assessments for the work that your son does? That should tell you what you need to know.
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#7 Posted : 23 November 2008 20:15:00(UTC)
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Posted By RP
Reading your post I was appauld at what your son is doing, voluntary or otherwise.

He is there on education not doing the work of others.

I stopped one school in my area allowing school children working on scaffold towers hanging stage lights. The school has a duty of care and a responsibility under the HASAWA as well as the Education Act. The governors should be spoken to by the head and it made clear that concerns relating to the safety and well being of those they are elected to protect are not ignored.

As other have said, stop this now and go to the head of the school. If this injury is going to effect his working life, you may seek legal advise on any compensation claim, not that I am an advocate of the claim culture, but here there is a direct cause with disregard of safety...
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#8 Posted : 24 November 2008 09:24:00(UTC)
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Posted By Ian Luckhurst
Thank you Pete48 and RB - most helpful.
Regards, Ian
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#9 Posted : 24 November 2008 09:36:00(UTC)
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Posted By Sally
Bearing in mind this is a 16 year old not a 12 year old could I suggest an alternative approach. Arm him with the information and get him to approach the school himself - he is of the age where pupils will be going on work experience and one of the main things we teach our pupils who are heading off on work experience is to politely question what they are being asked to do.

Regarding stopping pupils going up on tower scaffold to alter lighting. Would it not be better to ensure that they are doing this safely, with the correct precautions in place, adequately supervised rather than stopping them. Don't wrap our children in cotton wool.


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#10 Posted : 24 November 2008 09:48:00(UTC)
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Posted By Tabs
If you want a book to throw at them, try:

Regulation 19, of the Management of Health and Safety at Work Regulations. Protection of Young Persons.

Regulation 13, of the Management of Health and Safety at Work Regulations.Training.

Regulation 4 of the Manual Handling Operations Regulation. Risk assessment and planning.

Being unpaid, does not mean he doesn't get the protection of the law - but if they don't believe that, remind them of Section 3 of the HASAW act 74.

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#11 Posted : 24 November 2008 15:46:00(UTC)
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Posted By Ian Luckhurst
Hi Tabs, Excellent stuff - many thanks and regards, Ian
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#12 Posted : 24 November 2008 23:42:00(UTC)
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Posted By Ron Hunter
I could rant at length about the liberties being taken with your son's health, welfare and education whilst at the same time maintaining that we must also allow our young people properly supervised work experience - but I won't.
If you do nothing else, ensure your son's back injury is recorded - & ask to see the evidence.
There may be further hazards which all parties are unaware of; e.g. in confined crawlways, ducts,roof spaces etc. - asbestos?

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