There has never been a time when children and adults needed to exercise more, eat sensibly and lead a healthier life style. The obesity epidemic continues to consume all age groups at an ever-increasing rate and inactivity permeates all facets of life including its health and safety.

It is reasonable to suggest that despite a plethora of government sponsored schemes to promote activity in schools, the evidence relating to children’s health and fitness status indicates that it is now worse than previously enjoyed.

However, it is recognised that almost all activity carries with it an element of safety risk. Whilst many risks are quite reasonable and acceptable (and for some people, desirable) it is also essential to ensure that the benefits and enjoyment from activity are balanced with safe participation. 

  

The recent demise of the Local Education Authority Physical Education Advisers has left Governing Bodies, Head teachers and individual teachers in a vulnerable position in relation to a variety of health and safety matters. There is no longer a wide range of high quality continuing professional development for LEA teachers.

The Association for Physical Education (AfPE) is the national body for developing the subject in educational settings. Experts in the Institute of Expert Witnesses continue to work with their valued colleagues in AfPE and fully endorse the excellent reference, ‘Safe Practice in Physical Education, School Sport and Physical Activity’. AfPE also provides a number of high quality continuing professional development opportunities for teachers.

When serious health and safety incidents occur in a school or sports club situation, solicitors are often seeking the expertise of those working in these specialist areas. IEW experts have dealt with hundreds of injury cases, ranging from broken bones and lacerations, to catastrophic injures and fatalities.

In many cases there is a desire for the claimant to obtain financial compensation for the injuries sustained. In cases such as gymnastics, trampolining, contact sports and outdoor education activities, where the potential for injury is high, there is a need to obtain the latest and very best advice, on which solicitors and barristers can base their case.

Where teachers are being cited as incompetent, unprofessional or negligent, it is the wisdom and experience of the expert, which can often assist the Court in determining the outcome of an injury case. Alternatively, where there are spurious claims made against dedicated, hardworking and talented teachers and coaches, their integrity, skills and professionalism needs to be defended competently and comprehensively. 

 

There is today, an unrealistic expectation that all teachers possess and demonstrate, a level of technical competency and subject knowledge, which equips them to undertake a wide variety of activities with their pupils. However, this demanding standard of expertise is far from the reality of daily work in schools. 

Without the guidance and support from specialist well qualified advisers, teachers can be working with incomplete health and safety training, a lack of understanding safety legislation and inappropriate practices. Governing bodies of sport and national sports organisations do provide support and coaching expertise, but this can be costly, is not always available and is not necessarily delivered in the appropriate context. 

 

In many cases where our experts have provided service to the Courts, there are often recommendations in the written reports. These can be used by the presiding judge to encourage change, and improve the practice of teachers and coaches. When summing up, a Judge will often cite the expert’s opinions as to what could have been done, or should not have been done, which would have brought about a different outcome in the incident. It is also evident that where our experts have contributed to the defence of a claim of negligence, their experience and knowledge of regular and approved practice has demonstrated that the teacher acted in the best interests of the children. 

 

The Experts in the Institute of Experts have many examples of positive feedback from solicitors and barristers, who often cite the expert’s evidence as being critical to the outcome of the case. The IEW experts work independently and have no vested interest in the outcome of a case. Therefore their health and safety legislation expertise, unbiased opinions and concluding statements are provided for the Court to use, along with other evidence, in helping to establish the judgement in the case.

An article signed by Dr Stephen Rhys Lloyd PhD, M Phil, Cert Ed, AI & GP Ref.