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HEALTH AND SAFETY AT WORK ACT 1974. Produced as part of the Partnership Development Schools (PDS) Strategy Phase 3 2008-09 (Lead PDS: The Park Community School. Contact Chris Ley (cley@parkcommunity.devon.sch.uk). DUTIES OF SCHOOLS. Produce a health and safety policy
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HEALTH AND SAFETY AT WORK ACT 1974 Produced as part of the Partnership Development Schools (PDS) Strategy Phase 3 2008-09 (Lead PDS: The Park Community School. Contact Chris Ley (cley@parkcommunity.devon.sch.uk)
DUTIES OF SCHOOLS Produce a health and safety policy Appoint a health and safety officer (this may be head) Provide facilities for union health and safety representatives Assess risks identified and reported, and act accordingly
general law and aims responsibilities of LEA, Governors and head names of H&S Officer and representatives duties of teachers and other staff expectations of pupils emergency procedures security issues accident reporting and recording procedures school visits intruders and assaults medical facilities and arrangements monitor and review SCHOOL HEALTH AND SAFETY POLICY
DUTIES OF EMPLOYEES To take reasonable care for their own safety for the safety of others Co-operate with those who have duties under the Act Unlawful to misuse anything provided for the purposes of health or safety
DUTIES OF TEACHERS Duty of care and duties under Act correspond Must be familiar with the school’s Health and Safety policy
DUTY OF CARE Statutory - by legislation Contractual - by contract Pastoral - inherent in the role of teacher
“REASONABLE” NO firm definition Each case would be assessed to see if teacher was negligent
NEGLIGENCE An action which could reasonably have been expected to contribute, directly or indirectly, to causing harm to a pupil A failure to take action to prevent reasonably foreseeable harm to a pupil
Continuous risk assessment RECOGNITION OF RISK
EXERCISING THE DUTY OF CARE Recognition of risk Removal of hazards animate hazards (children) inanimate hazards (things) Clear warning of danger
DUTY OF CARE OFF-SITE Contractual duties of care same on-site and off-site Higher duty of care where greater level of risk Still applies when shared with activity instructor (overarching duty of care)
HAZARDS Four children lost when swept out to sea at Land’s End Four children died when they slipped over a precipice in Austria Three children and a teacher died when Greek ferry sank Four sixth form pupils drowned on canoeing trip off Lyme Regis Twelve children and teacher died when minibus crashed on M40 Pupil raped and murdered in French hostel
“R.O.S.E.” Research Organisation Supervision Enjoyment
Break from routine New and exciting environment Challenging activities Learning new skills ENJOYMENT
RESEARCH Suitability of activity age sex aptitude special needs educational value
Level of supervision required age, sex, special needs level of risk in activity qualification and/or training necessary RESEARCH
RESEARCH Needs of pupils equipment training clothing
Residential considerations fire safety exits appliances evacuation procedures availability and training of staff security keeping children in keeping intruders out RESEARCH
RESEARCH Activities commercial licence quality of equipment training and number of staff first aid and emergency procedures
RESEARCH Site and environmental assessment risk assessment advanced planning
ORGANISATION Parents information for parents parental consent, inc. relevant medical information (especially allergies/Epipens) code of conduct passports, where appropriate
ORGANISATION Insurance public liability third party liability personal accident to pupils, staff, helpers medical treatment emergency transport and accommodation cancellation/delay compensation loss/damage to luggage/equipment
ORGANISATION Emergency procedures
Transport Coach hire suitability seating insurance back-up ORGANISATION
Transport School minibus maintenance tax insurance MOT road worthiness legal responsibilities of the driver seats and seat belts ORGANISATION
Police clearance of helpers gender balance briefing of helpers SUPERVISION
Delegation of responsibility helpers activity centre staff Nature of children SUPERVISION
Break from routine New and exciting environment Challenging activities Learning new skills ENJOYMENT
InLoco Parentis(in the place of a parent) • Usually used to describe responsibilities of a teacher towards the pupil • Common law duty/responsibility towards pupils
CHILDREN ACT 1989: Section3(5) States that a person who has care of a child, e.g. Headteacher, may do what is reasonable under all circumstances for the purpose of safeguarding or promoting the child's welfare
CHILDREN ACT 1989: Section3(5) “A person who ………has a duty of care of the child, may ….do what is reasonable ….for the purpose of safeguarding or promoting the child’s welfare”
WHAT IS “REASONABLE”? As in Conditions of Service, Duty of Care, this is not defined If teacher knows or suspects harm or neglect Designated teacher School is not an investigation agency
DEPARTMENTAL GUIDELINES DfEE - Circular 10/95- “Protecting Children from Abuse” ‘Working Together to Safeguard Children’ – a guide to interagency working to safeguard and promote the welfare of children (1999)
WHAT IS ABUSE? Physical abuse Physical neglect Emotional neglect Sexual abuse
PHYSICAL ABUSE Actual injury - may involve: shaking, throwing, hitting, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child Likely injury Failure to prevent injury
PHYSICAL NEGLECT Persistent or severe: inadequate clothing poor growth hunger/malnutrition
EMOTIONAL NEGLECT Indicated by: excessive dependence attention seeking
EMOTIONAL NEGLECT • Contributory factors: • Family may be suffering multiple disadvantages • Poverty: • children live in crowded or unsuitable accommodation • have poor diets • lack ready access to good educational and leisure opportunities
Sexual Abuse Forcing or enticing a child or young person to take part in sexual activities, whether or not the child is aware of what is happening
SEXUAL ABUSE Physical signs Behaviour changes sexually provocative withdrawal
PROTECTION OF EVIDENCE Care when asking questions listen not lead Recording of evidence Referring case Confidentiality
ALLEGATIONS AGAINST TEACHERS Refer to Head (if against Head, to Chair of Governors) Three levels: evidence of serious abuse - child protection agencies evidence of inappropriate behaviour - local disciplinary procedures unfounded allegation
Relationships With Pupils • Sexual Offences Amendment (2000) Act • Do not leave yourself vulnerable by: • being alone with pupils • give pupils lifts • accept or give gifts to pupils • send e mails or text messages • Immediately discourage and report any obvious crushes which are developing • COMMON SENSE – BE AWARE!
The use of force can lead to: disciplinary hearing investigation under child protection procedures criminal proceedings for assault civil proceedings for damages In order to be able to respond to such allegations: act only to prevent injury or damage know the school’s restraint policy act within the policy at all times COMPLAINTS
RELATED MATTERS School Policies Child Protection Register Children with SEN