1. Risk Management in Physical Education and School Sport Peter Whitlam

2. What the session is about.
Purpose:
To provide an update on current and key risk management issues in physical education and school sport.
Outcomes:
An understanding of:
the key principles in managing risk in PESS;
the format and application of the “triangle” model for risk assessment;
current hot topics and concerns about safe practice in physical education;
Essentially – what school staff need to be aware of in H&S.

3. TDA Professional Standards for Teachers
This risk management course contributes towards the following standards:
Core standards:
Frameworks: C3
Professional skills: C29 and C30
Learning environment: C37 and C38
Post threshold standards:
Frameworks: P1
Health and well being: P6
Professional Skills: P7 and P8

4. What do school staff need to know/ understand/ be able to do?
Basic legal framework in which we operate
Know and apply employer’s policies and procedures relating to safe practice
What “risk management” means and why it is important
Risk-benefit assessment – balancing taking risks without undue danger of serious harm
Managing not minimising risk (risk aversion)
Importance of regularly reviewing policies, procedures, routines and standards in H&S
The risk assessment process
Standard of risk (safety) awareness expected
Relationship between good practice and safe practice
Demonstrate forethought, anticipation, forward planning for what may happen and plan accordingly
Be confident in their practice - eliminate any mystique and fear about H&S

5. Attitude towards risk. Gung ho? Challenge Risk Opportunity?
Excitement Danger?

6. The risk continuum
Totally Range of Increasingly high Danger safe acceptable levels of risk risk
Minimising risk
(apathy, paranoia, incompetence)
Best practice?
(challenge v risk)
Incompetence, unfortunate
Principles:
Risk–benefit assessment – weighing protection from harm against the provision of stimulating experiences.
Events to be as safe as necessary not as safe as possible (RoSPA)
ii. Exposure to well-managed challenge (opportunity) and risk (safety):
a. educates about risk
b. opens up exciting learning opportunities
c. develops high quality PESS

7. The key messages!
“Risk management is about enabling good things to happen, not just preventing the bad”.
Dr Lynne Drennan, CEO ALARM (Zurich Municipal News & Views, Autumn 2008).
“Risk management should be routine, embedded and well documented”.
Tom Shewry, Head of Education, Zurich Municipal, (News and Views, Autumn 2008).

8. Risk Management: Why it is important?
empower pupils to manage their own safety
(risk education/NCPE PoS requirement/ECM – being safe)
entitlement to be taught in a safe and healthy environment
high quality PESS involves challenge
school staff have a legal duty to be proactive not reactive
avoid allegations of negligence:
“careless conduct which injures another and which
the law deems liable for compensation” (Frederick Place Chambers 1995)
duty of care (responsibility)
breach of duty (careless)
damage (injury)
foreseeability (but for……)

9. What is risk management?
good practice/safe practice
reasonable forethought to a suitable and sufficient level
3 purposes:
ensure potential safety problems are understood
check whether existing precautions are adequate
implement any FURTHER precautions necessary
3 levels of risk assessment:
generic - provided, written
facility/activity/event specific – to do, written
on-going - dynamic – expertise, unwritten
legal requirement – HaSaW Act 1974; MHS Regs 1999 and common law

10. To comply with the law we must…
show we have carried out a risk (safety) assessment;
identify the significant risks (red traffic light)
identify who could be harmed;
identify what needs to be done to control/ reduce the risk to make it sufficiently safe.

11. Controlling risk: “traffic lights”
SEVERITY
LIKELI-
HOOD
HIGH
(concerns/
MEDIUM
unsafe)
LOW
(safe)
Action required
immediately
Action required when practicable
Action – be aware - monitor

12. Context – we are good at what we do…..
HSE 1995: Schools: young people – 3 deaths/5000 major injuries:
3+ days off work/school or visit to hospital for 24 hours 1 11
Minor first aid only
441
Non-injury accidents/near misses
2.25 million reported injuries/year billion pupil days/year.
PESS – c. 1/2-2/3 of total school injuries = 0.001% v total pupil days.
Games 42% Gymnastics 27% Swimming 1%
Principle: Termly analysis of incident report forms informs about safe practice policy and procedures – pattern and number

13. Statutory requirements (HaSaWA and Management Regs)
The employer must:
be ultimately responsible for health and safety though tasks may be delegated HaSaWA 1974
have a health and safety policy HaSaWA 1974
initiate procedures to ensure satisfactory implementation of the policy HaSaWA 1974
assess the risks of all activities, manage the risks,
inform employees of measures to make situations
safe, provide training and supervision where appropriate and monitor implementation of the procedures
MHSRegs 1999
accept responsibility for corporate manslaughter if poor management systems lead to death Corp Mansl Act 2007

14. The legal responsibilities of school staff (HaSaWA and Management Regs)
MAKE ALL ADULTS WORKING WITH PUPILS AWARE OF THEIR LEGAL RESPONSIBILITIES:
Know and apply employer’s policy for H&S
(SP 2008 ch 2 pp 18-19)
(local requirements take precedence over national guidance)
Pass on guilty knowledge
Do what is within their power to prevent further injury
Not to interfere or misuse items for H&S
Participate in inspections (risk assessments) AS A TEAM
And the common law duty of care…… show reasonable forethought (common sense) (SP 2008 ch 2 pp 13-17)

15. Safe practice – a summary
Two key criteria for managing risk:
Quality of teaching
(good teaching is safe teaching)
Quality of leadership and management
(good organisation is safe organisation)
(includes key aspect of written risk assessments)

16. Reducing risk in PESS: 1. Quality of teaching
A safe “teacher” of physical education considers:
whether s/he has the personal expertise, competence and/or
qualifications in the activity/ies and at the level being taught;
a session format to include warm up, technical development and cool down;
checking work space, equipment and personal effects before and during use;
teaching position to maximise observation of class;
using regular and approved practice (QCA/ LA/ NGB schemes);
progression according to ability;
matching comparable size, experience, confidence where weight
bearing, physical contact or “accelerating projectiles” are applied;
strict officiating in games – applying the rules consistently;
involving pupils in their own safety – checking understanding and
providing clear instructions;
10. thinking logically through a lesson – what could cause harm? – have I covered the likelihood?

17. 1. Quality of teaching: Personalised learning, inclusion, or safe practice/ risk education principles? (S.T.E.P.S.)
Directed to open ended tasks
Single to linking to combined/multiple tasks
Simple to complex tasks ( more or less space/time/
options/ equipment/ constraints/ requirements)
Familiar tasks/environments/groupings to unfamiliar ones
Variety in movement to quality/ technical demand
Set to negotiated to self-determined tasks
Working individually, with a partner, into group work involving cooperation/ competition/ leadership
Different tasks for different pupils
Different levels of information/support/ intervention for pupils working on the same task
Additional teacher time for some pupils
(acknowledgement to Dudley CS: “Policy into Practice” Section 1: Planning Principles)

18. 2. Quality of management and leadership
Do you have a H&S policy for PESS/ off-site sports visits?
Are required procedures and standards known, understood and applied consistently by all adults who teach PESS/ manage teams/ lead groups?
Are your policies and procedures reviewed regularly (annually)?
Do all staff understand the limits and requirements of their roles and responsibilities in H&S?
Are all adults teaching PESS/ managing teams/ leading visits competent and confident in the areas they teach/ coach/ officiate/ lead?
Are all non-QTS staff managed effectively?
Is there induction, continuing development and monitoring of all staff?
Do PE programmes/ fixture lists/ visit objectives match ability and confidence of team/ group?
Are attendance, participation and assessment records maintained?
Do you have written risk assessments for PE/ sports events/ visits?
Are risk assessments evaluated after the event and updated periodically?
Do off-site risk assessments consider critical incident plans?
Are incident report forms completed regularly and analysed periodically to monitor number and pattern of causes of injury?
Is H&S a standing item on department/school meeting agendas?
Is good teaching, coaching and leadership developed and monitored?

19. Reducing risk in PESS: Criteria for written risk assessments
Suitable and sufficient
Reasonable anticipation/forward planning
Significant risks (red traffic light) identified and recorded
Identify those possibly harmed
List any additional controls/precautions needed
– “supervision – protection – training”
Annual or if circumstances change
Probable / likely
Safe as necessary not as safe as possible
Trust your professional judgement
Minimal number of written assessments
Quick, easy, “MOT” (SP 2008 – chapter 3 and Appendix 2)

20. Risk Management: A model
“Behaviour is the cause or a contributory factor in more than 80% of accidents”.
Helen Sully
(Kier Group for HSE) 2007.
Pupils
Staff
PEOPLE
CONTEXT ORGANISATION
Facility Class organisation
Equipment Teaching
Procedures/routines Preparation
Progression
Beaumont, Eve, Kirkby, Whitlam 1998
Acceptable risk
PE/SPORT
Appropriate challenge

21. Written risk assessment: How do we do it?
team activity
in situ - in the facilities
think of the people/context/organisation triangle
based on existing documentation, procedures and practice
look for FURTHER precautions necessary
reasonable anticipation/observation as subject teachers/specialists
NOT about writing everything down again.

22. Written risk assessments: The portfolio
Scheme of work
Lesson plans
Attendance registers
Assessment records
Handbook – roles, responsibilities, policies, procedures, routines
Medical records
Emergency action procedures
SEN register
Out of hours club registers
Annual inspection reports (PUWER 1998)
CPD and other professional records
Accident management and reporting systems – and analysis
Minutes of meetings
Health and safety audits
AND risk assessment records

23. Written risk assessments: The process
Decide what requires a risk assessment
Identify the hazards
Decide who is at risk
Evaluate the risks
Record the findings
Devise an action plan to reduce significant risks
Inform those affected
Review periodically

24. Support staff (Workforce Reform Regulations 2003)
“Specified work (i.e. teaching) may not be carried out by a person in a school unless s/he holds QTS or satisfy the specific requirements…” (Education Act 2003, s133).
HLTAs, sports coaches and other suitable adults may teach classes or groups in timetabled physical education.
Provided they:
only assist or support the work of a nominated teacher in school;
are subject to the direction and supervision of a nominated teacher;
have satisfied the head teacher, through a risk assessment, that they have the skills,
experience and expertise required to carry
out the specified work.
(SP 2008 – chapter 4 and Appendix 3)

25. “Supervision and direction” – the implications for schools.
Management!
safer recruitment,
initial assessment,
induction,
information about pupils, procedures, routines and standards,
regular communication,
risk assessments,
shared/monitored planning,
monitoring competence,
professional development.
(SP 2008 – Appendix 3b pp Also see pages in the handout)

26. Competence? expertise in the range of activities to be taught – i.e.
 technical knowledge
knowledge of progression
 safety issues
 rules, (case law)
delivery of national curriculum process model (Education Acts)    
knowledge of the particular needs of the group
(case law/NCPE PoS)
observation and analysis skills to ensure that
what is going on is safe (HaSaWA s.7)
 good class control and group management (case law/STPC s.37)
appropriate relationships – teaching children
not coaching a sport
(Common Core Skills/HLTA standards, DfES 2006 & afPE/ukSport ASLs 2006)
Targeted CPD? (SP 2008 paragraph )

27. Policy and guidelines: “the handbook”
See pages in the handout.
This item appears in SP 2008 as Appendix 9.
By law these need to be reviewed regularly and staff monitored to ensure that a common and safe standard is applied.

28. Summary “Routine, embedded and well-documented”
Look at H&S from position of “opportunity” not “danger”
Keep it simple – good teaching; good organisation
Recognise, respect, support and develop those lacking confidence and competence
Work at a level of common sense – as trained professionals
Importance of forethought, anticipation, forward planning for what may happen and plan accordingly
Apply the triangle model
Think about the “what if”s as well as the event
Written risk assessments as soon as possible
Policy and procedures to be developed over time
We are good at what we do!