How often do you hear that the ‘health and safety culture’ cannot be resisted? That fear of litigation makes people unwilling to accept the slightest possibility of accidents or injuries? The implication is that risk benefit assessment (RBA) – the balanced approach to risk management that I and others have developed – is a waste of time.
My response – that RBA is making a difference, and that the legal benchmark is to be reasonable, not to eliminate all risk – is sometimes met with scepticism or cynicism. “That may be true in theory,” the argument goes. “But in practice, as soon as a child is hurt and a claim comes in, the lawyers and the insurers just pay out, no matter what the merits of the case.”
This is why I am pleased to share the news that the charity Hackney Play Association has successfully fought off a claim after a playground accident, and that RBA was crucial to the outcome. The details were released yesterday on the Play Safety Forum (PSF) website – see below.
An adventure playground in Hackney
This post explores how the real-time decisions of educators, playworkers and other staff who oversee children fit into the overall risk management process, and how they are held to account for those decisions. I have written it at the suggestion of the UK Play Safety Forum. The PSF would welcome comments on the position set out here – as would I.
Bayonne Nursery Forest School session
I will start with describing a real-life scenario from a Forest School session run by Bayonne Nursery a few years ago. (Those who have heard me talk on risk will recognise it from a video clip that I often show.) A group of four-year-old children are exploring an area of woodland. After clearing away fallen branches from around a large tree trunk that crosses over a dry ditch, three girls start to shimmy across. Two succeed, while the third becomes alarmed and gives up. Forest school-trained educators, present throughout, do not intervene at any point – not even to give encouragement or warnings. This is despite the fact that at points, things look like they might be getting challenging, uncomfortable or even slightly dangerous.
Posted in Education, Learning, play, Risk
Tagged Forest school, outdoor learning, Play Safety Forum, playwork, Risk, risk assessment, risk benefit assessment, risk management
A claim for compensation after a playground accident has been rejected in a precedent-setting legal case in the Supreme Court of British Columbia. The civil claim was made against the municipality of Saanich, following an accident during a game of ‘grounders’ (a chase game played on and around fixed play equipment that my daughter and her London friends would know better as ‘off-ground touch’).
Today marks a new phase in the move to a more balanced, thoughtful approach to risk management risk in children’s play and learning, with the launch of a short, easy-to-use assessment tool.
The risk-benefit assessment (RBA) form for the first time gives councils, schools and others an authoritative, practical document to help them weigh up risks and benefits. It is published by Play Scotland in partnership with Play England, Play Wales and PlayBoard Northern Ireland, and was commissioned and developed by the Play Safety Forum.
Yesterday’s Daily Mail ran a story about risk with a familiar headline: “Schoolchildren compensation claims for playground injuries running into millions, with thousands paid out for falling over or getting hit by a ball.” In fact, the headline was highly misleading, as the claims did not just cover playgrounds. Nonetheless, on the face of it some of the incidents – an eye injury from a ball, or a fall on snow and ice – suggest an over-reaction (though even here, the devil is in the detail). Whatever the truth about the level of claims, fear of litigation is a big driver of risk aversion around children’s play, as I know from my talks and workshops. So how should schools, councils, charities and businesses respond to this fear?
Here in Australia, I recently visited Bubup Nairm, City of Port Phillip’s newest family and children’s centre. Opened in April this year, it brings together a range of childcare, health and family support services in a state-of-the-art hub building with a $A 15m [£10 million, $US 14 million] price tag. It is an impressive place. But it has not had the easiest of starts. I was told that just a few weeks after it opened, a four-year-old child was hurt and ended up in hospital. She and another child had been handling some rocks in a stone well in the garden, and a rock slipped out of one child’s hands and fell on the other’s, breaking her finger.
I am pleased to announce that this Autumn, I will be putting on some training on risk, targeted at schools. The workshops, organised by the Council for Learning Outside the Classroom (CLOtC), will look at why outdoor learning and play matter, what a balanced, thoughtful approach to risk looks like, and how this can be developed in schools. The half-day sessions will be repeated in four venues across England in Sept, Oct and Nov. See the end of this post for dates and venues, and head to this CLOtC web page for bookings.