News

"Cotton wool kids” safety myths demolished – help for childcare staff fearing litigation

7 June 2010

New guidance published today [June 7] aims to tackle the risk-averse culture that sees children miss out on outdoor activities because staff fear being sued or blamed if an accident occurs.

Go Outdoors! is designed to help practitioners working with looked after children to carry out their duty of care safely and responsibly, and also has lessons for others working with children e.g. teachers.

The guidance – Go Outdoors! - is issued by Scotland’s Commissioner for Children and Young People (SCCYP) and the Scottish Institute for Residential Childcare ( SIRCC) and follows up on the Commissioner’s 2007 Playing it Safe report which highlighted examples such as young people not being allowed to swim at the beach unless staff stand nearby with a rope, and carrying out risk assessments every time a child wanted to take a bicycle ride.

It pointed to a lack of understanding of what is legally required and led to a flood of requests from local authorities for clarification of their responsibilities.

Go Outdoors! covers outdoor activities such as short outings, bike rides, visiting parks, the beach or the countryside. It does not cover specially designed facilities which have their own guidance (e.g. go-karting) or specialised adventure activities (e.g. kayaking, climbing or sailing) nor does it cover holidays, although the broad principles are still relevant.

Tam Baillie, Scotland’s Commissioner for Children and Young People, said:
“How can a child learn to prevent or avoid accidents and become wiser in the process, if they’re not given the chance to take risks and put their learning into practice?

 “A risk-averse and bureaucratic environment – which leads to “cotton wool” kids – breaches children’s rights and undermines healthy development.  

 “Professionals working in childcare and education don’t want to see young people’s lives restricted in this way, but fear of litigation has got in the way.

“The new guidance offers a common-sense approach to health and safety while recognising the huge benefits of play and outdoor adventure, which are so vital for young people’s physical health, mental well being and social development.”

Jennifer Davidson, Director of SIRCC (Scottish Institute of Residential Childcare), said, “This guidance comes not a moment too soon. All children – but especially those in care – should be able to experience and enjoy outdoor activities without staff fearing being blamed or even sued in the case of something going wrong.

“Go Outdoors! offers a balanced approach that respects the professional’s judgment and the child’s need to experience and explore.”

Minister for Children and Early Years, Adam Ingram said:
“Outdoor play offers a range of benefits to children and young people. It helps their health, well-being and development, including building their social skills, self-confidence and self esteem.

“Looked-after-children deserve the same chance as their peers to experience the joys and benefits of playing in the outdoors and this guidance will help support and promote that, while also giving the necessary re-assurance and advice to professionals.”

Go Outdoors! Makes three key points:

• Residential care providers should encourage appropriate risk-taking, recognising the positive effects of play and activities for young people in care

• There is no need to complete complex and repeated risk assessment forms for normal, outdoor activities

• Parental consent is not required for a child to join in routine activities

ENDS
For further information or to arrange an interview with Tam Baillie, Scotland’s Commissioner for Children and Young People, please contact Giselle.dye@pagodapr.com or phone 0131 556 0770/07739 085 023.
 

Notes for Editors
1. A full copy of Go Outdoors! – and the 2007 report, Playing it Safe - is available on the website at www.sccyp.org.uk
2. The members of the Reference Group which helped to prepare Go Outdoors! were SCCYP; RoSPA; HSE Scotland and Adventure Activities Licensing Authority; Association of British Insurers; Scottish Commission for the Regulation of Care; ADSW; Quarriers Seafield School; SIRCC.
3. Around 1700 ‘looked after’ children live in residential child care in Scotland.
4. The number of deaths of looked-after children and young people in Scotland has remained at around 14 per year over the past 20 years. This figure is for all looked after children (those looked after at home or with relatives, those in foster care and those in respite units, residential units and schools.) The majority of deaths are due to life-limiting illnesses. The second largest cause is road traffic accidents. The third is suicide particularly among teenage boys (Social Work Inspection Agency 2009).
5.  The HSE reports that there are approximately three deaths from all causes on school trips each year in the UK. The best estimate is that there are between seven and ten million adventure activity days each year.
6. The Commissioner’s remit is to promote and safeguard the rights of children and young people, with particular emphasis on the rights set out in the 1989 United Nations Convention on the Rights of the Child. He also monitors the law, policy and practice for effectiveness in relation to the rights of children and young people and promotes best practice by service providers working with children.