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Posted By Pete Kilbane
Under MHSW Reg 8(2)(b) employees are enabled to 'stop work and immediately proceed to a place of safety in the event of their being exposed to serious, imminent and unavoidable danger;'
This applies if you are a nursery nurse faced with a violent visitor intent on snatching a child (e.g. estranged parent). However if you were to proceed to a place of safety you leave the children in your charge vulnerable to the aggressor.
I am seeking views on this apparent conflict between MHSWR 8(2)(b) and the responsibility towards children in your care.
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Posted By Faye Stacey
surely if the parent is estranged they have no right to pick up the child, so why would they have even been let into the nursery? the one I use asks who you are through an intercom before letting you in and only lets in the people that are named to pick up that child. so this should never occur.
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Posted By Frank Hallett
Hi Pete.
I go with the first response on this - the "place of safety" should be the contained space of the nursery. I do recognise that there will be situations where the child and staff will be outside, but the duty is still to maintain a reasonable level of safety for the child and the staff.
This is an extremely difficult question to resolve on this forum in one go.
Frank Hallett
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Posted By Stuart Nagle
Pete.
I would have thought the first line of defence against this situation, as is intimated above, is a security system for the premises that prevents anyone entering and comming into contact with the children who is not authorised to do so (e.g. estranged parent).
As stated, I can see why this is a complicated area to discuss here, but the rudiments of wisdom so far as security are concerned would appear to be fairly simple in respect of the environment in which the children are housed.
One could of course go so far as to state that someone cunning enough could attempt to force an evacuation of the secure premises, in which case you may find yourself - and the child or children, outside the secure area where the person who wishes to, for example abduct or harm a child maybe!!
In this scenario there is no one right or wrong way of dealing with the incident, only to try and protect as best as one could the interests of your charge.
I hope you find the assistance you are seeking...
Stuart
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Posted By Jim O'Dwyer
Pete,
There is no conflict in the law - personal safety always comes first!
Best wishes,
Jim O'Dwyer
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Posted By Lumpy
I agree with Jim ... your own safety comes first. You can't force employees to put themself in danger.
Train you employees in how to deal with agressive people and diffuse the situation without putting themself in danger. Ensure that your employees know to move other childern to safety, how to contact the police, and how they can try to delay the agressor ... "little Jessica is very attached to her teddy ... she'll be very upset without it ... do you want me to go and find it ?" etc.
If you can diffuse and contain the situation much the better for all. Not injured employee, no injured agressor (and potential liability issues), and most importantly less distress to the child.
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