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School Compensation ClaimsShaun Halfpenny, Head Master at Cummersdale Primary School, in Carlisle, bought six pair of industrial safety goggles so that students could safely continue playing their traditional game of conkers.
The reasoning for the purchase: Fun in education is still important, but society is litigious and the goggles are a way to keep students safe, and the school protected against injury claims. The teacher stated that the goggles haven't taken away the fun of conkers but adversely has increased their enjoyment. In fact, the students line up for their turn during recess breaks.
National Association of Head Teachers General Secretary David Hart said Mr. Halfpenny's actions were illustrative of the ways teachers were being motivated to be creative, by the constant looming threat of legal action. Hart stated, "I think it is better that they [the children] should be protected rather than ban the game entirely." At this point in time, the Association still leaves the decisions to the schools to decide what is safe for students and in most cases, the head teachers are doing an admirable job assessing the needs of pupils while monitoring risk and areas of vulnerability.
The spokesperson for the Campaign for Real Conkers voiced that the practice of wearing safety goggles while playing conkers is a little extreme. However, the organisation was all in favour of health and safety for workers and children. The reaction seems to be that if the games are part of official school activity, then the goggles are a necessity. However, if the students are playing conkers during their free time, the goggles are really not required, and the school would not be subject to litigation in these cases.
Too many schools in the UK do not take children on outdoor activities, partly through fear of being sued if there is an accident, according to Ofsted inspectors. Activities help students develop physical and social skills. But many youngsters are missing out, with costs and limits on the numbers who can go contributing to the problem. According to the schools, teachers have nothing to fear if they follow proper procedure and guidelines, but the teachers unions do not agree.
Considering the Ofsted Report as an example, the report was based on the close inspection of primary and secondary schools and reported on physical education and trips to 15 outdoor education centres. The report showed that accident claims had declined in 2003-04, and there was little evidence to support the idea that compensation claims were rising in the UK. However, the report also showed that on average, schools were taking less class trips and refraining from engaging in activities that would have a higher risk for liability.
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