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

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 secured with a rope and staff 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.”

Go Outdoors! Makes four 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
• Residential care providers should develop appropriate and proportionate risk assessment policies and procedures specific to their situation

 

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The complete Go Outdoors Guidance document is available to download via this link.