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Dougc  
#1 Posted : 07 December 2011 08:21:17(UTC)
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Dougc

‘I believe that there are too many health and safety regulations in the school system; that children are too insulated from risks; and that over-regulation reduces personal responsibility in a negative way. This is damaging to children’s education and is directly responsible for the diminution in personal responsibility, as rules and regulations crowd out the space for professional judgment and common sense’. Your thoughts/comments please.
Graham Bullough  
#2 Posted : 07 December 2011 09:05:31(UTC)
Rank: Super forum user
Graham Bullough

Dougc - As a quick off the cuff remark from someone who works with schools, I don't think there are too many H&S regulations (i.e. law) affecting schools in the ways described. The problems quoted stem from misinterpretation of what the law requires by various types of people, plus the influence of the compensation culture, frivolous money seeking claims by parents of pupils and also skewed public misperceptions arising from media reporting which tries to sensationalise stories about schools. p,s, I spent much of yesterday helping one of my employer's schools deal with an OFSTED inspector who I think over-reacted to a comment by just one parent about school site security and apparently wanted the school gates padlocked during the school day in the interests of "safeguarding" which, as many people in the schools sector will confirm, is a very hot topic at present. However, in some cases it's evident that some people, especially OFSTED inspectors, either don't understand or simply forget about "proportionality" which in OS&H parlance equates to "reasonable practicability". p.s. Who uttered or wrote the quotation in your posting?
kdrum  
#3 Posted : 07 December 2011 09:15:38(UTC)
Rank: Forum user
kdrum

Doug I would disagree - I see the fault being with the 'interpretation' of variuos pieces of regulation and implementing what needs to be done to comply while still showing a common sense approach. In saying that I can see why some headteachers may chose to stop certain activities rather than take a chance that they are still complying with regs if they choose to continue the activity. I work in a college and believe me it is not as big a gap from school as you may think, attitudes amonst some are very similar. Often I am asked 'Can we still do ....... or should we not due to H&S?' My attitude is that as long as we can identify any significant risk from said activity and put appropriate control measures in place, then there is no need to curtail activities. Some departments do work with a greater degree of risk depending on the subject but if some degree of risk is inherent with that particular course i.e game keeping, construction skills etc then we need to build that into the course with the appropriate control measures so not to take away the total learning experience. Years ago I used to do some work for a nursery and perhaps this example may demonstrate how trying to eliminate all risk can have a negative effect. The nursery had two areas for climbing frames and swings, the newer area was fitted with very expensive rubber matting and the older area with tree bark. They actually ended up with more knocks, bruises etc from the area with the matting rather than the tree bark as there was a perception if the children fell on mattingn they would be okay and hence tended to take more risks. I would not want to see every activity in a school wrapped in cotton wool just proportionite risk control Hope this helps
RayRapp  
#4 Posted : 07 December 2011 09:44:46(UTC)
Rank: Super forum user
RayRapp

I have no association with schools but I keep myself informed with what is happening in society and I think the perception of over zealous h&s management in schools is reflected in other walks of life today. Yes, it is often down to a poor understanding of legislation, a fear of litigation, overly prescriptive guidance and so on. However, there are other factors which have not helped. For instance, following a tragedy there is often a knee jerk reaction which leads to a plethora of new rules and guidance. The authorities have not helped matters either with some ill judged prosecutions - R v Porter springs to mind. Everyone needs to pull in the right direction.
Irwin43241  
#5 Posted : 07 December 2011 09:54:31(UTC)
Rank: Guest
Guest

To state Health and Safety Regulations is damaging to childrens education indicates a lack of understanding in the requirements and appplication of what a particular piece of regulation is outlining what needs to be done. Children are more vulnerable and therefore owed a greater Duty of Care because of their lack of experience and being able to take ownership of their personal responsibility. Children have to learn about judgement and common sense which should be part of their education and actually learn more about being risk aware and not risk averse as this has social and economic benefits. There have been too many examples of those that work in education who have not been sufficiently trained or applied professional judgement and common sense related to Health and Safety Regulations and as such the consequences have been serious injury and the death of pupils. The fault was nothing to do with Health and Safety Regulations but more to do with had a competent person ensured sufficient planning and controls measures were in place serious injury and death could have been prevented.
bob youel  
#6 Posted : 07 December 2011 10:34:54(UTC)
Rank: Super forum user
bob youel

D Please take note of the comments already given Having many years of experience re schools I feel that its poor interpretation and the day to day actions of risk adverse people who will not take personal responsibility for their own actions that gives H&S a bad name and the media, insurance companies and the 'claims are use' type of legal people carry much responsibility for where we *appear to be today *Appear: I feel that we are not really as bad as people think we are as interested parties e.g. the press hype things up. But we will get a balance if common sense is not present and governments and individuals do not take back the reins
MrsBlue  
#7 Posted : 07 December 2011 11:34:10(UTC)
Rank: Guest
Guest

We have a teacher who came from another local authority. He wanted to organise and run a school trip so came to me (H&S Manager) as part of the planning process. In conjunction with the teacher I advised on and produced the risk assessment (Level One Trip). The process took about 20 minutes. As the teacher left my office he stated that he had tried to organise a similar trip at his last school. All the paperwork was submitted to the LA H&S department who took 6 months to return the signed off permission - by this time the academic year had ended and the trip date had been and gone. Obvious that the health and safety bod at the LA had even read the date of the trip. HE GAVE UP!!! Just an example of the beuracracy, red tape and downright stupidity of the system. Thank goodness new guidelines have recently been issued concerning school trips. Rich
pete48  
#8 Posted : 07 December 2011 11:50:49(UTC)
Rank: Super forum user
pete48

Rich has identified one of the major issues. The systems and processes for managing some of this stuff in schools is not user friendly. The other factor that needs to be in this discussion is the link to 'safeguarding' of vulnerable groups. Many of the controls such as staff numbers per students, arrangements for parental approval, travel etc are driven not by H&S but by safeguarding. They when placed alongside the H&S stuff can lead to very cumbersome controls. If they are to be reviewed and rationalised that might be a good thing. I hope that the comments quoted by the O.P are aimed at rationalising the existing organisations and systems rather than actually attempting to reduce any of the workplace H&S controls that exist in schools today. We should also recognise the major upheaval going on in education at the moment with changes to funding, free schools, academies etc. The impact on safety in schools as result of those changes is perhaps a more significant matter, p48
Irwin43241  
#9 Posted : 07 December 2011 11:58:02(UTC)
Rank: Guest
Guest

rich777 wrote:
We have a teacher who came from another local authority. He wanted to organise and run a school trip so came to me (H&S Manager) as part of the planning process. In conjunction with the teacher I advised on and produced the risk assessment (Level One Trip). The process took about 20 minutes. As the teacher left my office he stated that he had tried to organise a similar trip at his last school. All the paperwork was submitted to the LA H&S department who took 6 months to return the signed off permission - by this time the academic year had ended and the trip date had been and gone. Obvious that the health and safety bod at the LA had even read the date of the trip. HE GAVE UP!!! Just an example of the beuracracy, red tape and downright stupidity of the system. Thank goodness new guidelines have recently been issued concerning school trips. Rich
Yes fine but this has nothing to with Health and Safety Regulations but more to do with the LA systems and procedures however it seems that it was assumed the paperwork that was submitted to the LA would be returned in a timely manner however it also seems the teacher sat around for six months and did not chase things up. Had he done so the trip may have gone ahead as planned. He was the organiser and as I see it was partly to blame for the trip not going ahead.
Ron Hunter  
#10 Posted : 07 December 2011 13:13:28(UTC)
Rank: Super forum user
Ron Hunter

To suggest that health and safety regulation (or the application of it) is "directly responsible for the diminution in personal responsibility" is IMHO utter nonsense. Another example of attempts to pin general societal ills on the health and safety bogeyman. Many of our younger people these days have a lesser understanding or acceptance of their responsibilities, a lesser maturity and lack the confidence and skills to enter the adult world in general and the world of work, with many having difficulty in accepting that at some point in life they have to do what they are told or suffer real consequences. They all seem to "know" their "rights" though. The holistic system of educating our young folk seems to be failing them - at least 25% of them anyway.
MrsBlue  
#11 Posted : 07 December 2011 14:40:40(UTC)
Rank: Guest
Guest

Irwin So if you want an example of educational legislation which was very prescriptive try looking at the Boarding School minimum standards. The Government has just gloated (September 2011) that they have reduced the 52 standards down to about 20. I did a quick cross reference of both documents. Yes indeed the standards have been reduced to 20 but it's a sleight of hand magic trick. All the prescriptiveness was deleted and many standards incorporated into one. Every single standard still appears in the new version but without the prescriptiveness. No change then!!! Rich
Ken Slack  
#12 Posted : 07 December 2011 15:28:06(UTC)
Rank: Super forum user
Ken Slack

Doug, I would be interested to know what H&D regulations you would like to see removed from schools? Which risks and to what level would you like children to be exposed to? Bearing in mind that children (and some teachers) do not have a critical enough outlook to identify or foresee such hazards. I was hillwalking up a grade 1 scramble in Langdale a few years ago, we were followed up by a group of schoolchildren who's leader didn't have the appropriate quals....... The inquest to the childs death must have been traumatic.
Irwin43241  
#13 Posted : 07 December 2011 15:29:13(UTC)
Rank: Guest
Guest

rich777 wrote:
Irwin So if you want an example of educational legislation which was very prescriptive try looking at the Boarding School minimum standards. The Government has just gloated (September 2011) that they have reduced the 52 standards down to about 20. I did a quick cross reference of both documents. Yes indeed the standards have been reduced to 20 but it's a sleight of hand magic trick. All the prescriptiveness was deleted and many standards incorporated into one. Every single standard still appears in the new version but without the prescriptiveness. No change then!!! Rich
I think we are at cross purposes.
Dougc  
#14 Posted : 12 December 2011 10:59:10(UTC)
Rank: Forum user
Dougc

Thank you to everyone who replied to the posting. However, I must confess that these are not my words but those of the Education Secretary – Michael Gove in a letter sent to one of his specialist advisors. He also proposes in the same letter to transfer all employer health and safety duties to governing bodies even where the employment contract is with the Local Authority; now that should make life interesting for solicitors, the HSE and the courts. Well done Graham for spotting that it was a quotation and not my own view.
Graham Bullough  
#15 Posted : 12 December 2011 14:39:05(UTC)
Rank: Super forum user
Graham Bullough

Dougc - Though I hadn't seen them before, the wording in your opening post looked like a quotation. Also, the speech marks (though single rather than double ones) were a bit of clue about their nature, so I decline any credit about this aspect. I strongly think, as Michael Gove suggests, that there is an ongoing diminution in encouraging/cultivating personal responsibility and common sense among young people in the UK. However, in schools, as mentioned in my response at #2, I don't think health & safety legislation (laws) are to blame. Also, a significant part of this downward trend is surely attributable to parents who don't understand and certainly don't demonstrate to and encourage personal responsibility and common sense in their children. Perhaps Michael Gove needs to get out more, or at least talk more to headteachers and other relevant people about this matter. Also, he might do well to chat with MPs who are members of the House of Commons Science & Technology Committee who investigated and published a report “Practical experiments in school science lessons and science field trips” in September this year. I mentioned this report in a response last Friday to the whimsical Fridayish topic asking what forum users would like from Santa this Christmas, and have pasted much of that response below: The report, available at http://www.publications..../cmsctech/1060/1060i.pdf includes the fact that the Committee are concerned that UK school pupils are not receiving the practical science education necessary to produce the next generation of scientists. It also thinks that “health and safety” is misused as a convenient excuse for avoiding practicals and work outside the classroom, and that other more fundamental reasons explain why many school pupils/students receive poor practical science education. In my opinion the report makes good reading and comprises a welcome ray of hope and sanity if its contents are suitably publicised and heeded. However, one aspect of the report which puzzles me is that a visit by a school group to a science type museum is apparently classed as a "field trip". Perhaps things have changed over the years, but my experience of geology and geomorphology while at school and then college in the 1970s was that field trips meant practical observation, measurement and/or sampling activities out of doors, and sometimes in remote locations!
gramsay  
#16 Posted : 12 December 2011 22:02:43(UTC)
Rank: Super forum user
gramsay

I came home one night last week and asked my son (age 9) how his day went. "Brilliant! Mr Brown organised the biggest snowball fight ever" It's not all misinterpreted and risk-averse, thankfully.
Mike55  
#17 Posted : 14 December 2011 08:46:50(UTC)
Rank: Forum user
Mike55

No one wants to expose children to injury but there has to be some common sense applied to H&S policy at schools just as in all other areas. There has to be a balance between safety and life lessons. We can wrap them all in foam rubber and put them under 24-hour guard and they'll remain safe, but they won't turn out to be very productive members of society. This is usually where I go into my, "when I was a child..." rant, but I'll spare everyone the long-winded blather. But I will say that for a physical ed. course in 6th grade, I had "marksmanship" where we went to a shooting range and learned to fire .22 caliber rifles at a target. School shootings were non-existent. If two boys got into a fight, they were brought to the gymnasium, given boxing gloves and allowed to settle the matter. No one was ever seriously hurt, the boys usually ended up friends and there were no lawsuits. I could give many more examples but I already promised not to. Children need to be protected up to a point, but then you need to let them learn to grow up as well. And this heresy comes from a 20-year H&S veteran.
MrsBlue  
#18 Posted : 14 December 2011 09:03:37(UTC)
Rank: Guest
Guest

A school I work with has a shooting activity after school at the local firing range / gun club. All venue risk assessments completed and inspected by the school on a termly basis and as one would expect all in order. The only risk assessments done by the school are for "vehicles and Driving" (they travel to the venue by minibus and some behavioural RAs such as "SEN, behavioural difficulties, learning difficulties (care plan) for individual pupils". Cotton wool is for babies and as the child grows up the use should be reduced exponentially. Rich
HSSnail  
#19 Posted : 14 December 2011 09:39:02(UTC)
Rank: Super forum user
HSSnail

Mike Interesting comments and I am not trying to ban boxing or any other contact sport, but I believe statistically more boxers have died since the introduction of boxing glove that bare knuckle days. This may be an urban myth but I am told it is because you can hit the other persons head harder without breaking your own hand.
Blonde Bandit  
#20 Posted : 14 December 2011 09:58:20(UTC)
Rank: Forum user
Blonde Bandit

Could somebody please post the link to the letter which states the intent to transfer health and safety responsibilities to the Governing Body even where the Local Authority is the employer? I can't open the link posted in an earlier thread.
Mike55  
#21 Posted : 14 December 2011 11:05:19(UTC)
Rank: Forum user
Mike55

Brian Hagyard wrote:
Mike Interesting comments and I am not trying to ban boxing or any other contact sport, but I believe statistically more boxers have died since the introduction of boxing glove that bare knuckle days. This may be an urban myth but I am told it is because you can hit the other persons head harder without breaking your own hand.
Brian, you are quite correct but you are also citing statistics based on professional boxers, not 12-year old boys with gloves as big as their heads. My point was not to debate the relative safety of boxing vs. bare knuckles brawling but just that we can't put childern in a cocoon in the name of safety. The problem is one where anything put forth in the name of safety for children, regardless of how overbearing it might be, is rarely argued with for fear of being branded as uncaring. The Rules Trolls are then allowed to run amok.
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