Safety and Risk in Primary School Physical Education

John Severs

• Publisher: Routledge
• Year: 2003
• ISBN:
  9781134492411
• Edition: 1
• Topic: Education
• Subtopic: Physical Education

Physical education and sport in schools is undergoing renewed emphasis and the primary sector key stages are rightly seen as fundamental elements in the new initiatives.

The majority of primary school teachers are non-specialists and there is, therefore, a particular need for information on safe planning and practice in physical education to be designed to meet their specific requirements.

Safety is a central issue in P.E. and as risk assessment is now a statutory part of Health and Safety at Work requirements, it is vitally important that all staff have a clear understanding of their responsibilities. As all schools are now obliged to undertake risk management, this book addresses a very real need. Safety and Risk in Primary Physical Education gives a comprehensive coverage of all aspects of safety in P.E. in primary schools, including:

* legal responsibilities
* policies on good practice and risk
* pupil readiness
* equipment and the environment
* each subject area included in the National Curriculum - gymnastics, games, dance, athletics, outdoor and adventurous activities and swimming
* checklists of key points for safe practice.

1 The teacher and the law

This first chapter looks at

• legal requirements in respect of Duty of Care and the Health and Safety at Work Acts, particularly in respect of risk, liability, teacher qualifications, the employment of coaches and others to take or assist with curricular and extra-curricular activities, and trainee teachers;

• how to avoid charges of negligence, with particular emphasis on good practice.

Duty of care

Teachers, in common with all members of the public, have a duty to ensure that others are not harmed by their actions or their failure to act.

Through their training and experience, teachers are expected to have the necessary expertise and to know a great deal more about the actions and reactions of children in given school curricular and extra-curricular activities than other adults, including responsible parents. This is particularly so in physical education with its attendant risks and a higher level of duty of care is now expected of anyone teaching this subject.

Teachers will always retain responsibility for classes and groups of children regardless of who may be engaged in actually teaching the children and be responsible for the lesson content (e.g. a swimming instructor employed by the LEA or school, a coach at a local sports centre or a sports development officer).

Duty of care applies regardless of where the activity is taking place (e.g. on the school premises, local authority swimming pools or sports centres, parks or other school premises) or who is actually taking the lessons (see Adults other than teachers below).

Negligence

Negligence can only be proved if a pupil is injured as a result of taking part in an activity and it can be shown that the teacher was, in some way, responsible.

For example, it may be alleged that instructions were not clear, the pupil was asked to do something that was beyond his or her capabilities, the equipment used was faulty, or the supervision was not at the level that could reasonably be expected.

Liability

Normally, the teacher's employers would be responsible for the actions of the teacher while engaged in curricular and extra-curricular work and this should be clearly stated in the contract of employment. Any action by a claimant would be against the employer, who would be responsible for paying any damages and costs that may be awarded. This is called vicarious liability.

In the past, in respect of state schools, the employer would be the LEA. However, with the changes that have taken place in regard to the amount of control delegated to the school, the position is not always clear. It is very much worth checking to ensure that employers are responsible and that the teacher will not be held personally liable and expected to pay damages.

If it is shown that the teacher had acted in a totally irresponsible way, either by pursuing a particular course of action or by failing to take obvious precautions, the teacher may be held to be partially responsible for the action and asked to pay a proportion of the damages awarded. Fortunately, this is extremely rare.

If teachers take pupils to participate in activities outside the normal extra-curricular programme (e.g. a tournament held on a Sunday, a local club training session held in the evening or adventure activities held at a specialist centre), they should ensure that they have the approval of the head teacher and/or governors.

If activities, such as extra-curricular training, are deemed not to be covered by the head or governors, teachers would require additional insurance to cover possible liability arising from an accident. This may be personal, organised by the school or arranged by any club or organisation involved.

Teachers should check carefully to ensure that this additional insurance does provide the appropriate cover for the activity in question.

It should not be assumed that willingness to participate in a voluntary activity, even when backed by written permission from parents, means that there is acceptance of the possibility of an injury and, therefore, parents will not or cannot take action in the event of one occurring. Such permission is of value but may not necessarily be a defence in law.

Nor should it be assumed that children will be fully aware of the nature of the activities undertaken and the extent of all the risks involved, or that parents are in a position to understand the risk levels inherent in the activities and the way they are taught.

Defence against negligence

It is not expected of anyone that s/he should be perfect; only that they should act in a manner which is reasonable in the light of commonly accepted and approved good practice in the context of the activity with which they are concerned.

(BAALPE 1999)

The best defence against negligence is that the teacher can show that what took place in the lesson conformed to what might be termed standard or good or ‘Regular and Approved’ practice.

¤ Checklist for ‘Regular and Approved’ practice

1 The form and content of the lesson should reflect what is seen to be standard practice for pupils of the same age in schools throughout the whole country.

This is particularly important in subject aspects such as educational gymnastics that are not normally understood by members of the public or those involved in the law.

2 The lesson content should be geared to the range of ability and experience levels of the pupils in the class and reflect the requirements as laid down in the school's PE policy document and schemes of work devised for each year.

3 Records should be kept of the material covered in lessons and of the assessed progress and current ability levels of all class members. Pupil profiles with reference to particular needs (e.g. medical, disabilities) and the limits of each child's capability (such as strength, mobility etc. as well as skill) should be available.

4 The levels of supervision must be satisfactory.

5 Those responsible for the actual teaching of a lesson must be properly qualified in the subject aspect being taught (e.g. gymnastics) (see Qualifications and competence below).

6 Helpers, such as class assistants and volunteer parents, must be fully briefed as to their roles and have the necessary knowledge of safety, accident procedures and risk. The role of helpers should be restricted to encouraging and checking. On no account should they be allowed to adopt an active teaching role e.g. setting tasks, telling children to attempt particular movements, giving full body support.

Properly trained and qualified instructors or coaches who have been engaged by the LEA or school may be responsible for the lesson content. The roles of the instructor and teacher should be agreed and each must be fully aware of their respective responsibilities. The teacher will always have overall responsibility for the children and the conduct of the lesson (see Adults other than teachers below).

7 Teachers must not leave areas where activities are taking place under their control – unless another qualified teacher is present. In case of emergencies, pupils should stop work immediately and sit down or stand where they can be seen and away from all apparatus and equipment. Responsible pupils or class assistants or volunteers may be sent for assistance (e.g. in the case of accidents). Litigation actions have been successfully brought on the basis of teachers being absent from the place where an accident occurred.

8 All equipment must be in good condition and, where appropriate, properly positioned and secured.

9 Operating conditions must be satisfactory and free from perceived danger (e.g. a slippery or uneven surface).

10 Pupils and staff should be suitably attired and prepared for the subject aspect (see Chapter 2).

11 In the absence of medical evidence to the contrary, pupils suffering from injuries and skin conditions or who show signs of illness must not take part.

12 The school health and safety policy document must include PE and show that risk assessments have been made and should be regularly updated. The document should show who is responsible for risk assessment in PE and what checks are to be made, when and by whom.

13 It is vital that the school has, and parents are informed of, a policy on physical contact with pupils (e.g. on supporting in gymnastics).

14 All teachers should be fully aware of the content of the school PE policy documents and be absolutely clear as to their own responsibilities, both specific to a particular lesson and of a more general nature.

15 Lessons should be planned and, along with schemes of work, should make clear references to safety precautions, minimising risk etc. This is particularly so when new activities or procedures are introduced.

16 Any changes in regard to risk management and practice should be communicated to teachers immediately they are made and checks carried out to ensure the message has been received.

Staff should have the opportunity to undertake in-service training in risk management and to discuss practice and procedures in staff meetings. It can be helpful to discuss cases of negligence and keep abreast of the latest information on good practice, possibly involving expert witnesses or LEA advisers in courses and discussions.

TEACHING

The value of good practice in providing a very firm foundation for safety and in avoiding accidents cannot be underestimated.

Creating a calm and ordered routine prior to, during and after each activity session is most important. For example:

• In gymnastics, it is important to organise groups so that they sit in straight rows in designated positions adjacent to, but not in contact with, each set of apparatus when listening to comment or taking part in discussion.

• Pupils must be taught to move in an orderly fashion. Allowing pupils to charge from point A to point B promotes a careless approach to PE and increases the chance of accidents occurring.

All children should know precisely what to do in a given situation. Instructions must be repeated, if necessary a number of times, until checks show they are fully understood.

Pupils should be taught about the risks involved in taking part in activities and in regard to using apparatus and equipment and, specifically, not to act foolishly.

• Checks should be carried out to ensure that the pupils have understood what they have been told of the possible dangers, at a level that can be expected from a particular age and intelligence range. Information on risk should be given at different points in the lesson and repeated as necessary.

• Pupils must be made aware of all safety procedures and risks in relation to clothing and footwear, the wearing of jewellery etc. and appreciate the reasons for imposing rules.

• A culture of consideration for others, in respect of safety, should be created.

In summary, consideration should always be given to both Teaching Safely and Teaching Safety.

Pupils must, by following the correct developmental steps, be properly prepared for whatever activities are being undertaken.

Good teaching practice cannot prevent all accidents from occurring. It can, however, go a very long way in ensuring that a very large percentage of those accidents that are avoidable are actually prevented. It is the first and most important plank in the whole safety edifice.

NB GOOD PRACTICE IS SAFE PRACTICE.

Legislation affecting physical education

The Health and Safety At Work (HSW) etc. Act 1974

Schools, although not specifically mentioned, come under the aegis of this act.

Employers (the LEA for most schools; the governors in Voluntary Aided or Foundation schools, proprietors, trusts etc. in independent schools) are bound in law to provide a safe environment for all employees, including teachers, paid class assistants and anyone contracted to work in the school in a coaching capacity. The employers must produce and revise, when appropriate, a policy document covering health and safety. This document should show how the arrangements will be carried out and brought to the attention of teachers, assistants and coaches. A safe environment must be provided and this applies to lessons in ...

Table of contents

• Front Cover
• Half Title
• Title Page
• Copyright
• Contents
• List of figures
• Contributors
• Foreword
• Acknowledgements
• Abbreviations
• Introduction
• 1 The teacher and the law
• 2 The teacher and the child
• 3 The teacher, equipment and environment
• 4 Risk management principles
• 5 Devising a policy for risk management in physical education
• 6 Gymnastics and dance
• 7 Small apparatus work
• 8 Games
• 9 Chasing activities and relays
• 10 Athletics
• 11 Outdoor and adventurous activities
• 12 Aquatic activities including swimming and diving
• Appendix A – Health-related exercise
• Appendix B – Playground markings
• Appendix C – Group work
• Appendix D – Goalpost safety guidelines
• Appendix E – Trampoline
• Appendix F – Sources of information, useful contacts, bibliography and references