A Snapshot of Client Queries

We’ve picked three of the most interesting questions we’ve dealt with since our last issue, which may be useful if you ever find yourself in a similar situation at your school.

QUESTION: “I have a member of staff that was referred to Occupational Health with ongoing musculoskeletal symptoms. and has returned to work at the school. This person has had an MRI scan which showed a previous fracture in her lower back and a disc pressing on a nerve giving her the leg symptoms. She is limited in her ability to bend , twist, sit, stand and has a reduced walking capability at present She has been referred to an NHS physiotherapist.”

Individual risk assessments for returning to work or illness are "routine", although this point may also be addressed in the school's health and safety policies, other school risk assessments, and contracts, so the risk assessment must be composed with full awareness of and in conjunction with these documents. It is important that control measures and precautions to manage risks identified are put in place and maintained. Good practice suggests that reference should be made to supervision, employee consultation, provision of adequate and relevant safety information, training where applicable, and employee awareness. Designated first aiders and health and safety officers need to be aware and know how to correctly pass on the care of the individual if there is an issue. Although the staff member may suffer from mobility issues, they will still have responsibilities that will need to be touched upon in the risk assessment, including taking reasonable care, using equipment in line with training and guidance, not interfering with recognised processes, reporting incidents, and reporting personal issues. There is also a role for occupational health here. There should be a return to work interview where the employee is asked how the school can help them carry out their role safely in light of their medical condition, which could be referenced on the risk assessment. The specific role of the member of staff within the school needs to be considered. Occupation health may produce a report outlining limitations on the person's role and a GP/consultant could produce a report which assesses their condition in relation to their job role and outlines what they can or cannot do. We recommend that you obtain a professional medical opinion either through the staff member themselves or otherwise by obtaining permission from the member of staff to seek a medical opinion on their behalf. You must also discuss with the member of staff their medical condition and any concerns the school may have and invite them to express any concerns from their end. The member of staff with the medical condition must be given every chance to carry out their job without discrimination. On the other hand, the school has a duty to protect other staff and pupils and therefore the risk assessment must take into account any potential repercussions for other staff and pupils. When in place, the risk assessment must be reviewed regularly and the employee must raise any concerns they have. If any issues were to arise, the burden of proof rests on whether the employer took reasonable steps within the context of the legislation and the individual to ensure that they were safe to carry on with their job. A temporary risk management plan must be put in place whilst the long-term risk assessment is developed. When compiled, the risk assessment can have short, medium, and long-term solutions, and these need to be recorded, reviewed and updated as appropriate. A Personal Emergency Evacuation Plan (PEEP) needs to be considered, and the designated or trained fire officer must know how this person will evacuate the building in an emergency. Government guidance on this subject can be accessed HERE.

QUESTION: “ I am in the process of trying to respond to a complaint that we did not let the parent know a child had hit their head. The child had said they had a headache and felt unwell but did not mention that they had hit their head when they fell or the fact that they thought they had fainted. If we had know that, we would have called the parent immediately and sent the child home with a slip. As he felt unwell, he was told to sit in the fresh air for a few minutes and when he said he felt better, he came back into class. Should we be calling parents that children have a headache or sending notes home or nothing at all.”

Informing parents or carers about illnesses that their children suffer while at school, should form part of your first aid/medicine policy. The Handsam Example First Aid Policy states:

  • All pupils who feel unwell or who have suffered an accident should, if possible, be accompanied to the (INSERT LOCATION e.g. MAIN OFFICE/STAFF ROOM). Where it is unsafe to move the pupil, someone should be sent to (INSERT LOCATION) to gain assistance.
  • A qualified first aider will assess the individual’s need and apply basic first aid; a second opinion should be sought if available.
  • (INSERT NAME/LOCATION E.G. RECEPTION/THE MAIN OFFICE) will issue an advisory note to the parents/carers detailing the illness or incident that has occurred.
  • If there is any concern that the injury or illness may be more serious. The parents/carers will be contacted immediately.
  • Any pupil having difficulty breathing, feeling dizzy or faint must remain with the teacher or other member of staff. A message should be sent to the (MAIN OFFICE/SCHOOL NURSES: INSERT AS APPROPRIATE) to send a first aider/school nurse immediately.

In short, if the illness (in this instance, a headache) is treated successfully by pain relief (after checking that parental consent has been given) or just spending some time quietly or in the fresh air, then parents do not need to be contacted immediately, but a note sent home as soon as possible to let them know, including details of any pain relief administered. If the condition becomes more serious, then parents should be contacted as a matter of urgency. In this particular instance, the school should establish if any member of staff was aware that the child fell in class and suffered head trauma and what the circumstances were that led up to the fall. This is the current guidance from the DfE in the Supporting pupils at school with medical conditions document: No child under 16 should be given prescription or non-prescription medicines without their parent’s written consent – except in exceptional circumstances where the medicine has been prescribed to the child without the knowledge of the parents. In such cases, every effort should be made to encourage the child or young person to involve their parents while respecting their right to confidentiality. Schools should set out the circumstances in which nonprescription medicines may be administered.

QUESTION: “The junior school where I work as a caretaker is keen to introduce loose parts play as part of their outdoor learning. This will involve pallets, gutters, tyres and the like. My concerns are that tyres may constitute

  • a fire hazard (noxious fumes):
  • a hygiene hazard (source of water for rats in summer): and
  • a risk of injury if misused.

If we are allowed them on site, I would be keen to know if any use of them is forbidden and to hear how they can be safely stored.”

In the HSE document Children’s Play and Leisure, Promoting a Balanced Approach it states:

Key message: ‘Play is great for children’s well-being and development. When planning and providing play opportunities, the goal is not to eliminate risk, but to weigh up the risks and benefits. No child will learn about risk if they are wrapped in cotton wool’.

There is no fire hazard regarding the use of tyres in the outside play areas, as long as:

  • Tyres are new, free from any potential contamination of oils or other chemicals, and
  • Tyres are stored and used away from heat or naked flames.

The tyres, as long as they are new, would not be any more of a hygiene hazard than other play equipment that is used in the outdoor play areas.

Tyres are not to be used that have been donated by friends/family etc. They must be new and not previously used on a vehicle or road. Implementing a system to carry out checks of the tyres is recommended and should form part of a risk assessment.

Other areas to consider are

  • Legionella risk: Tyres must have holes drilled in them on both sides to allow water to drain away, otherwise they can become a breeding ground for legionella.
  • Drowning risk: Although tyres are not as easily accessible as a pool, water can build up inside them and dependent on their size, they may pose a drowning risk for children. Drill the tyres on both sides to allow water to drain away.
  • Debris: Along with water, there may be a build-up of debris, such as leaves and litter. Tyres are to be cleared of any build-up on a regular basis.
  • Injury from tyres falling or trips: Tyres must be stored in a safe way - not stacked on top of each other, and not blocking any other pathways or parts of the play area. Tyres can be stored outside but will require checks for water, debris, and faults/damages.

Tyres are a good resource for children’s play areas. As long as the points above are considered and controls are in place, there is no health and safety reason to not use them and are a widely used play apparatus.

A risk assessment should be completed to address all potential hazards and the controls you have in place.