November 2010

On 15 October 2010 , following a review of the operation of health and safety laws and the growth of the compensation culture in the UK,  Lord Young of Graffham published his report "Common Sense, Common Safety". In that report he set out his "back to basics" vision for health and safety in the UK. The triumph of common sense over bureaucratic burdens and red tape is an approach which has been advocated by schools for many years.

The good news is that many of his proposals, if implemented, are likely to have a direct benefit on schools, including his proposals to:

• address issues related to the UK's "compensation culture"
• simplify the risk assessment procedure in low-hazard environments, such as classrooms
• create checklists to enable schools to check and record their compliance
• shift from a system of risk assessment to a system of risk-benefit analysis
• discourage insurance companies' current over-reliance on advice from (sometimes unqualified) health and safety consultants
• simplify educational visits by introducing a single consent form covering all activities a pupil may undertake at school
• review the Health and Safety at Work etc. Act 1974 to separate play and leisure from workplace contexts
• simplify the current Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 ("RIDDOR") requirements.

Getting Health and Safety in the classroom back into perspective
Lord Young focuses on classrooms as a classic example of a "low hazard workplace".  He criticises the current health and safety regime which seemingly requires schools to carry out written risk assessments in the same way as those carried out in "high hazard workplaces".  He proposes a radical overhaul to the risk assessment system in the UK by introducing a system of risk management focusing on a proportionate response to risk. 
In order to offer practical assistance to schools, he has tasked the HSE with developing interactive risk assessments for schools which should be capable of being downloaded and completed by teachers in less than 20 minutes. He aims for these interactive risk assessments to be available on the HSE's website (www.hse.gov.uk) by November 2010.

He has also asked the HSE to develop a simple online periodic checklist to provide schools and other "low hazard workplaces" with a record of the action that they have taken to address risks and to assist in demonstrating compliance with their health and safety responsibilities.
Lord Young's moves towards a risk-benefit assessment are to be welcomed.  That said, proper planning should remain an essential part of any school activity. Hopefully, Lord Young's approach will herald a return to a common-sense approach to school life without unnecessary burdens imposed by what he describes as a "Kafkaesque web of red tape."

Addressing the root of the "compensation culture"
Reports that the perceived "compensation culture" is ruining education abound. The Telegraph's recent report that some £2.25 million was paid out in compensation to pupils by local education authorities alone in 2009 has only served to add fuel to the fire of this debate.

Lord Young intends to strike a difficult balance between allowing genuine Claimants access to justice, whilst addressing the more unscrupulous personal injury claims management companies and solicitors with heavy direct marketing and promises to pay for enquiries.

The media also has an important role to play in getting health and safety into perspective and addressing the root causes of the so called "compensation culture". There are numerous examples of newspaper reports about schools which have been sensationalised by the press. Who can forget stories such as the one about a teacher who made his pupils wear goggles whilst playing with conkers or urban myths such as schools allegedly banning school ties and science experiments.

Simplifying educational visits
Lord Young has singled out educational visits as a particular area for improvement. He stated that he found the practice at some schools, who have prevented pupils from taking part in educational visits by citing health and safety or the fear of legal claims as valid reasons for non-participation, totally unacceptable. 

To tackle this problem he aims to cut the disproportionate and unnecessary bureaucracy and form-filling currently associated with educational visits. He intends to lighten the load by the introduction of simplified risk assessments (as set out above) and also by encouraging a shift from the traditional system of risk assessment to a system of risk-benefit analysis, where potential positive impacts are weighed against potential risk.
He also recommends the introduction of a single consent form signed by a parent or guardian which will cover all activities a pupil may undertake during their time at the school.  This form should also enable parents to opt out of specific activities if they wish to do so, rather than opting in as they do at present.

Lord Young's comments can be seen in direct contrast with some of the actions currently being sanctioned by schools and local education authorities in the UK, such as the reported actions of Northamptonshire County Council who apparently ordered all of its secondary and primary schools to issue a terrorism warning to all parents and to obtain specific consent from parents in the light of such a warning for all educational visits to London.

Allowing pupils the freedom to play
Lord Young agrees that misinterpretations of health and safety law are leading to the creation of uninspiring play spaces for children which do not enable pupils to experience risk.  He considers that such play is essential to a child's development and should not be "sacrificed to the cause of over zealous and disproportionate risk assessments."
In order to implement his ideas he seeks to develop the DfE and DCMS play programme further and may even consider reviewing the Health and Safety at Work etc Act 1974 to separate out play and leisure from workplace contexts.
The future?

If you only take one thing away from Lord Young's report, it is the need for everyone to get health and safety back into perspective.
We should all focus on a common sense interpretation of the existing regime and balance perceptions of what is sensible and proportionate against the need to consider risk. The proposed modifications of the existing legislative framework will help with this.

The majority of Lord Young's objectives could probably be achieved if everyone involved took the common sense approach he advocates to the application of current health and safety legislation. That said, let's hope that his recommendations are implemented sooner rather than later so that schools can operate with confidence without the spectre (real or perceived) of health and safety repercussions in the future.

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