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

(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)

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………….’ ?

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)

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)

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).

Health and Safety – Different expectations?

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

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

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

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 1-9-05)

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.  

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

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)

AfPE Risk Aversion NEGLIGENCE Duty of Care Breach Damage

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

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

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

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

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?

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.

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

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

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

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

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

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

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)