Back to basics
Lord Young of Graffham's eagerly awaited report on health and safety entitled Common Sense, Common Safety was published on 15 October 2010. Tabitha Cave and Natalie Andrews report
In the report Lord Young sets out his aims: "To free businesses from unnecessary bureaucratic burdens and the fear of having to pay out unjustified damages claimed and legal fees" and to apply "common sense, not just to compensation, but to everyday decisions once again".
Lord Young specifically highlights schools as organisations that he wishes to free from the imposition of unnecessary bureaucratic burdens placed upon them by a "Kafkaesque web of red tape". Many of his proposals, if implemented, are likely to have a direct impact on schools, particularly on school trips and educational visits.
One of his main objectives is to cut the unnecessary form-filling associated with educational visits, which he considers is disproportionate to the role it plays in reducing the risk of accidents or incidents on such visits. He considers that it is unacceptable that pupils have been prevented from taking part in educational visits by schools citing "health and safety" as a reason for non-participation.
It is his view that educational visits are a vital part of school life and pupils should not miss out simply because schools do not have the time or resource to carry out the planning process for visits or, because they are too concerned about the threat of legal action should an accident occur on the visit.
Executive summary
The following is a summary of some of the proposals that are likely to impact on educational visits and school trips:
• simplifying the risk assessment procedure, including a shift from a system of risk assessment to a system of risk-benefit analysis;
• creating online checklists to enable schools to check and record their compliance;
• simplifying educational visits by introducing a single consent form covering all activities a pupil may undertake at school;
• reviewing the Health and Safety at Work etc Act 1974 to separate out play and leisure from workplace contexts; and
• abolishing the Adventure Activities Licensing Authority Scheme and replacing licensing with a code of practice.
Consent
He recommends the introduction of a single consent form to be signed by a single parent or guardian which covers all activities a pupil may undertake during their time at the school. He considers that this form should also enable parents to opt out of any specific activities rather than for them to opt in.
Risk assessment
Lord Young criticises the current requirement for schools to carry out written risk assessments in the same way as those organisations he classes as "high-hazard" occupations. He recommends a change in the approach to risk assessments by the introduction of a system of risk management focusing on a proportionate response to risks associated with educational visits.
He also recommends that the HSE develops downloadable interactive risk assessments for schools capable of being completed in less than 20 minutes. He has tasked the HSE to introduce these online risk assessments by November 2010.
Guidance
The previous Government's Guidance on Health and Safety of Learners Outside of the Classroom (HASLOC) was due to be published following consultation this Autumn. Lord Young's report echos the back-to-basics approach recommended in HASLOC. He has set a timetable for the introduction of revised guidance on health and safety for educational visits by January 2011.
Play and leisure
He also tackles the widely held belief within the play sector that misinterpretations of the Health and Safety at Work etc Act 1974 are leading to the creation of uninspiring play spaces for children. He cites an overzealous and disproportionate assessment applied with regard to children's play and recommends a shift from a system of risk assessment to a system of risk benefit assessment where potential positive impacts are weighed against potential risk.
Adventure Activities Licensing Authority
Lord Young proposes to abolish the Adventure Activities Licensing Authority Scheme (AALS) because he considers it was focused on a limited number of outdoor activities (caving, climbing, some watersports and some trekking) and did not cover activities provided by schools for their own pupils. He hopes to save the Government £750,000 in running costs by replacing the AALA with a code of practice which will be administered by the HSE instead. He hopes that this will give schools peace of mind when planning trips that the provider is competent to provide the adventure activity in question.
Comment
Although Lord Young also seeks to tackle the compensation culture and insurers' strict health and safety stipulations over the use of health and safety consultants, it seems likely that it will take some time for this back- to-basics approach to filter down to schools on a day-to-day basis.
Lord Young's views can be seen in sharp contrast to recent stories published in the press about educational visits. For example, Northamptonshire County Council's refusal to authorise school trips to London without giving a terrorism alert to parents and obtaining specific parental consent in the light of this.
Lord Young's moves toward a risk-benefit analysis (which he calls a risk-benefit assessment) are to be welcomed. That said, proper planning (whatever label it is given and whatever form it takes) will and should remain an essential part of any school activity. Tragedies, such as the Glenridding Beck and the Ten Tors incidents should not be forgotten. Ongoing risk assessments are essential to take account of changing circumstances, such as weather conditions.
Health and safety is about (and should always have been about) taking simple steps to plan for and to protect the health, safety and welfare of pupils, teachers and anyone else involved in a school activity. It is about training teachers to use their common-sense and draw on their wealth of experience. It is about empowering teachers to make the right decisions at the right time, and encouraging them to seek competent advice and assistance as and when it is required.
Tabitha Cave is a partner at Veale Wasbrough Vizards. Tabitha can be contacted on 0117 314 5381 or at tcave@vwv.co.uk. Or contact Natalie Andrews on 0117 314 5433 or at nandrews@vwv.co.uk.
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