1. PHYSICAL EDUCATION AND SCHOOL SPORT
RISK AVERSION,
PHYSICAL EDUCATION AND SCHOOL SPORT
Glenn Beaumont
Peter Whitlam

2. (ALARM: The National Forum for Risk Management
Risk Aversion
Avoiding the risk rather than managing it – not using risk methodology effectively.
(ALARM: The National Forum for Risk Management
in the Public Sector, 2006)

3. Risk Aversion
‘Keep a child in cotton wool and stunt it or kill it. If you will let it develop into a robust man, you will expose his body to all weathers teaching him how to defy them………….’ ?

4. Compensation culture?
Compensation Bill – “to protect people who undertake desirable or useful activities from being sued”. US !!! (2006)
Criticised by House of Commons Constitutional Affairs Committee –
“Inappropriate regulation, public perception and misleading media coverage can lead to an exaggerated fear of being sued”.
“There is a real problem with excessive risk aversion in Britain…..the root cause….misunderstanding risk assessment … needs to be addressed..”
(Rt Hon Alan Beith MP, Chair of Constitutional Affairs Committee, 2006)

5. Compensation culture – severely exaggerated
Fewer cases reaching the courts
80% of claims made in the public sector are dropped
Insurers more aggressive in combating claims and fighting fraudulent claims
“No win no fee” – 60% chance of winning or claim is dropped
“Probable”….. “likely” ….. more than simply “possible”
Swing in case law outcomes
“Effective risk management rather than risk aversion is the most effective strategy to counter the likelihood of injury”.
(ALARM, 2006)

6. Health and safety – legislation may simply go too far…..
“There are many organists whose
performances should be banned
on public-health grounds and I
know of several nasty accidents
involving organ stools, overweight
organists and alcohol but …there
is no single recorded instance in
musical history of a person
being poisoned by a pipe organ”.
Richard Morrison, The Times, 18 March 2006, on
EU Directive 2002/95/EC/RoHS and EU
2002/96/EC WEEE limiting the lead content of electrical
equipment to 0.1% of their weight as lead (organ pipes are
currently 50% lead).

7. Health and Safety – Different expectations?

12. Verdict?
Health and Safety Legislation and Provision in the UK amongst the best in the world

13. Health and safety – sometimes it can make us too cautious…
Health and safety – sometimes it can make us too cautious…..? ‘Volenti non fit injuria?

14. Health and safety – we can get bogged down worrying about what might happen

15. Health and safety – but sometimes it is worth it
SAVED BY MAGIC EYES. Amazing pictures show how a pool’s underwater cameras alerted staff to a girl of 10 unconscious in the deep end. (Daily Mail )

16. Risk aversion - objectives
Promote a positive message about the extent of safe practice in PESS.
Place safe practice in PESS in the context of a supposed “compensation culture”.
Advocate a risk management model that satisfies legal, ethical and professional requirements.
Update you on safe practice issues arising from case law, claims and enquiries made to the Association.

17. Risk Aversion A realistic approach
PE is a risk activity
Avoid a sterile curriculum
Match task to capability
Accidents happen!!!

18. Risk Management: Why it is important?
empower pupils to manage their own safety (risk education/ECM)
entitlement to be taught in a safe and healthy environment
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)

19. AfPE Risk Aversion
NEGLIGENCE
Duty of Care
Breach
Damage

20. Risk continuum
Totally Range of Increasingly high Danger safe acceptable risk levels of risk

21. Task
Using the following list of activities approximate the accident rate/frequency for each activity per 100,000 hours of exposure.

22. Non-fatal accident rates per 10,000 hrs exposure
Rugby
Soccer
Hockey
Netball
Skiing
Motor sports
Athletics
Badminton
Climbing/mountaineering
Public playgrounds

23. Accident Rates Rugby 300 Soccer 125 Hockey 80 Netball 75 Skiing 40
Motor sports 20
Athletics 20
Badminton 15
Climbing/mountaineering <5
Public playgrounds <5
Source: Ball,D(2000) ‘ABC of Sports Medicine’ 2nd ed. Blackwell

24. Risk Management: A context
HSE 1995: Schools: young people – 3 deaths/5000 major injuries:
3+ days off work/school or visit to hospital 1
Minor first aid only 11
441
Non-injury accidents/near misses
1.5 billion pupil days/year – 2.25 million reported injuries/year.
PESS – c. 1/2-2/3 of total school injuries= 0.001% v total pupil days.
Games 42% Gymnastics 27% Swimming 1%
Termly or annual analysis of number and pattern in accident report forms?
Is H&S a regular/standing item on staff/department meeting agenda?

25. Whose responsibility? Task:
In pairs – decide where responsibility was placed in each of the cases described on the first handout and what further evidence you might need in making a sound judgement about culpability.

26. School staff: legal responsibilities
MAKE ALL ADULTS WORKING WITH PUPILS AWARE OF THEIR LEGAL RESPONSIBILITIES:
Reasonable forethought = common sense
Know and apply employer’s policy for H&S
(local requirements take precedence over national guidance)
Pass on guilty knowledge
Do what is within their power to prevent further injury
DO RISK ASSESSMENTS AS A TEAM

27. Identify 12 features of safe teaching
afPE Risk Management
TASK
Share your experiences of incidents and ‘near misses’ involving supervision of physical activity, or on a visit.
What did you learn?
From this:
Identify 12 features of safe teaching

28. Reducing risk in PESS: Teaching
A safe “teacher” of physical education considers:
a lesson format to include warm up, technical development and cool down.
checking personal effects, work space and equipment before use.
teaching position, regular scanning and group management issues to maximise observation and control of class.
using regular and approved practice – e.g. QCA, LA, NGB schemes.
progression according to ability.
matching comparable size, experience, ability, confidence.
not taking a full participation role in a game.
strict officiating in games.
involving pupils in their own safety – checking understanding.
thinking logically through a lesson – what could cause harm? – have I covered the likelihood?
Familiarity withSpecial needs provision?
First aid procedures understood

29. Safe Practice in Physical Education Model
Pupils
Staff
PEOPLE
Appropriate Challenge
PHYSICAL
EDUCATION
Acceptable Risk
CONTEXT
Facilities
Equipment
Procedures
ORGANISATION
Preparation
Progression
Class management

30. AfPE Risk Management Assessment Task
Choose an area of work from the National Curriculum and risk assess it on the format provided.

31. Hot Topics PESS Pupils: CONTEXT: ORGANISATION:
PEOPLE:
Pupils:
behaviour
Staff:
qualifications
PE staff with medical conditions
CONTEXT: ORGANISATION:
Facilities: Teaching:
temperature trampolining
space matching size, experience, confidence
playing surfaces checking understanding
jewellery inc. body piercing clear instructions
footwear NGB directives
Equipment: Group management:
use of mats supervision – junior leaders
swimming goggles knowledge of pupils
personal protection - esp. mouth guards applying procedures
PE attire (primary) staff-student matches
Procedures: sports tours – hosted by families
changing arrangements/procedures (primary/sec.)
first aid requirements
transportation of pupils
written risk assessments
PESS

32. Hot Topics Jewellery inc. body piercing Staff Qualifications
Footwear –indoor and outdoor
Trampolining
Swimming goggles
Changing arrangements/procedures (primary/sec.)
PE attire (primary)
Staff/pupil matches
Use of mats
PE staff with medical conditions
First aid requirements
Transportation of pupils
Contact sports
Use of personal protection equipment (PPE)