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Nothing Ventured... Balancing risks and benefits in the outdoors By Tim Gill

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Nothing Ventured...Balancing risks andbenefits in the outdoorsBy Tim Gill

Published by the English Outdoor Council,an umbrella body of the principalrepresentative organisations in the field ofoutdoor education, in association with theOutdoor Education Advisers’ Panel, whichcomprises nominated representatives ofChief Officers of Local Authorities inEngland, Wales and Northern Ireland.

Acknowledgements

The author and publishers would like to expresstheir grateful thanks to the Council for LearningOutside the Classroom and the OutdoorEducation Advisers’ Panel for supporting thepublication financially and to Paul Airey, MarcusBailie and Bill Taylor for acting as advisers to theauthor. The author would like to thank HilaryChittock and Jane Sheridan (Girlguiding UK),Simon Harding (Broomheath Plantation ForestSchool), Rowena Kenny (Forest Foundations),Charley May (Countryside Alliance), AnneNewcombe (Duke of Edinburgh Award) andKathleen Nichol (ENABLE Scotland) for their help.

Photo Credits

Paul Airey, Diana Airey, Roberto Amoroso, BobBurson, Andy Carden, John Garrett, OwenHayward, Martin Hore, Andy Lavin, Karl Midlane,Ian Park, Dave Scourfield, Derek Stansfield, AndyStubbs, Bob Telfer, Mark Williams, RandallWilliams, Simon Willis, Adventure ActivityLicensing Service, Blue Peris Mountain Centre,Conway Centre, Nant Bwlch yr Haearn OutdoorEducation Centre, National Association ofHeadteachers, Low Bank Ground & HinningHouse team, Girlguiding UK, Association ofHeads of Outdoor Education Centres, OutdoorEducation Advisers Panel, Luke Lane PrimarySchool, New Greenhall School, Dee PointPrimary School, Trinity School, The Lakes Schooland Sports College, Thurston Outdoor EducationCentre, Ysgol Y Bont, Ynys Môn, West Cheshireand Chester Residential and Outdoor Service,Field Studies Council.

© Copyright 2010 English Outdoor Council.Extracts from this document may be reproducedfor non-commercial or training purposes on thecondition that the source is acknowledged.

The next generation is tomorrow’s workforce. Helping young people to experience and handle risk is part of preparing them foradult life and the world of work. Young people can gain this experience from participating in challenging and exciting outdoorevents made possible by organisations prepared to adopt a common sense and proportionate approach that balancesbenefits and risk. I support this publication for the encouragement that it gives to everyone to adopt such an approach.

Judith Hackitt CBE, Chair, Health and Safety Executive

Developing confidence and risk judgement among young people is crucial if we are to structure a society that is not riskaverse. We need to accept that uncertainty is inherent in adventure, and this contains the possibility of adverse outcomes. Ayoung person’s development should not be unduly stifled by the proper need to consider the worst consequence of risk butmust be balanced by its likelihood and indeed its benefits. Counter-intuitively, the key to challenging risk aversion among leadersand decision makers, is the application of balanced risk assessment. It is only by objective analysis that the benefits andopportunities of an activity can be weighed against their potential to go wrong. Indeed I feel that the terminology should bechanged to ‘risk/benefit assessment’. For the most part, as previous generations have learnt by experience, it is rare indeed thata well planned exercise leads to accident. It will instead be most likely to bring a sense of enterprise, fun and accomplishment,so vital for maturity, judgement and well-being, which must nearly always offset the residual and inevitable risk. Our mantra atRoSPA sums up this approach: We must try to make life as safe as necessary, not as safe as possible. This is why I amdelighted to support the work of the OEAP and Tim Gill with Nothing Ventured. We welcome the debate this will promote.

Tom Mullarkey OBE, Chief Executive, Royal Society for the Prevention of Accidents

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IntroductionChildren and young people have a thirst for adventure andchallenge. This is evident from their earliest efforts to crawland walk, and can be seen throughout childhood. What ismore, the majority of children grow up to be competent,confident people who lead healthy, fulfilled lives.

Despite this, children and young peopleface growing adult anxiety over theirsafety, across many aspects of theireveryday lives. While we do not wantchildren to come to harm, our fears canlead us to underestimate their ownabilities and to overreact to extremelyrare tragedies.

This anxiety is a real barrier to thosewho wish to extend children’sopportunities for outdoor andadventurous activities and experiences.Fears about being blamed or sued, andpressure to carry out burdensomepaperwork, are leading many teachersand others working with children towater down the activities they provide,or even to forego visits and outdooractivities altogether.

A mindset that is solely focused onsafety does children and young peopleno favours. Far from keeping them safefrom harm, it can deny them the veryexperiences that help them to learn howto handle the challenges that life maythrow at them. There is an emergingconsensus that our society has becometoo focused on reducing or eliminatingrisk in childhood. And research suggeststhat overprotecting children can lead tolonger-term problems with mental healthand well-being.

Concern about the so-called ‘cottonwool child’ has emerged from somesurprising quarters. In 2008 the Chair ofthe Health and Safety Executive (HSE),Judith Hackitt, gave a blunt warningabout the dangers, stating: “If the nextgeneration enter the workplace havingbeen protected from all risk they will notbe so much risk averse as completelyrisk naïve.”

A 2009 Girlguiding UK research reportentitled Redefining Risk: Girls shoutout! found that “over-anxious adults,exaggerated media coverage and theinconsistent application of rulessupposedly designed to keep girls safehave contributed to a climate of worryand misinformation.” As a result, manygirls and young women are moreconcerned about statistically unlikelyscenarios than genuine risks to theirwell-being. The report argued that“given information and opportunities toexperience risk in a positiveenvironment, girls can develop theconfidence and skills to make the bestdecisions for themselves.”

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Within education and children’s services,there is growing awareness of the valuefor children of learning experiences thattake place outside the classroom.

So when people say that children growup faster today than in previousgenerations, they are confusingappearance with reality. Children maylook like they are growing up faster –they may be adopting adult styles andmannerisms, and engaging more withadult technology and culture. But whenit comes to everyday freedoms, thehorizons of childhood have for decadesbeen shrinking steadily. There are ofcourse exceptions; in a small minority ofcases children may have too muchfreedom, and their parents may exert toolittle control. Nonetheless the broadpicture – of children spending ever moretime under the watchful eyes of adults –is undeniable. The lives of some groups– disabled children, for instance – canbe especially restricted.

Hence the risk of harm cannot andshould not be eliminated entirely, if weare to give children the chance torespond to life’s challenges. What ismore, the fact that most children leadmore constrained lives at home meansthat extra efforts may need to be madeto give them a taste of freedom,responsibility and self-reliance.

Nothing Ventured... Balancing risks andbenefits in the outdoors aims toencourage readers to take a reasonableand proportionate approach to safety inoutdoor and adventurous settings, andto reassure them that managing risksshould not be a disincentive toorganising activities. It is not a ‘how toguide’. Rather, at a time when manywonder whether society has gone too farin trying to keep children safe from allpossible harm, Nothing Ventured... addsits voice to the call for a more balancedapproach: an approach that accepts thata degree of risk – properly managed – isnot only inevitable, but positivelydesirable.

One of the key benefits is theopportunity for children and youngpeople to learn about risks forthemselves, to experience a degree offreedom and to take more responsibilityfor their own safety and well-being asthey grow up. Many adults have vividchildhood memories of everydayfreedom, playing out of doors for hoursat a time in places that were excitingand adventurous, often well beyond theanxious gaze of parents or other adults.Children and young people growing uptoday do not have the sameopportunities for everyday adventure.Over the last twenty or thirty years ormore, their movements have becomemore restricted, their free time morecurtailed, and their behaviour moreclosely monitored by adults. Forexample, the ‘home territory’ of theaverage eight year old child – the areathat child is allowed to travel around ontheir own – has shrunk by 90 per cent ina single generation. Today, manychildren of this age are not even allowedoutside their front doors alone.

The benefits of outdoor education arefar too important to forfeit, and by faroutweigh the risks of an accidentoccurring. If teachers follow recognizedsafety procedures and guidance theyhave nothing to fear from the law.

David Bell, Former Chief Inspector of Schools, 2004

Introduction

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Some myths have emerged that act as areal barrier to a balanced approach torisk. These myths, summarised in thebox below, are explored in more detailthroughout this publication.

1 The number of school visits is in serious decline

2 Visits and outdoor activities are excessively dangerous

3 Teachers face a serious risk of prosecution

4 Litigation is rampant

5 The courts are systematically making bad judgements

6 Teaching unions are advising teachers not to lead or take part ineducational visits

The number of school visitsis in serious decline

Nothing Ventured... is aimed ateducational and recreation practitionersand managers working with children andyoung people, including teachers, youthworkers, early years, play and out ofschool professionals and others workingin children’s services. It has a focus onadventurous activities, although much ofthe content is relevant to other learningcontexts. It is written with an Englishlegal and policy context in mind, but isalso relevant to those engaged inoutdoor activities in Wales, Scotland andNorthern Ireland, and – to a degree –beyond these shores.

“End of School Trips” ran a DailyExpress headline in November 2004.This myth has been repeated in boththe media and in Parliament for years,yet has no basis in credible research.In fact, statistics from local authoritiessuggest the opposite. For instance, inthe academic year 2002-2003, highschools in Worcestershire notified thelocal authority of 240 visits that met thecriteria requiring notification. In theacademic year 2005-2006, the sameschools provided notification of 640visits that met the same criteria – anincrease in activity of around 230%.

MYTH 1

MYTHS AND MISCONCEPTIONS

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Why doesadventure matter?Few would disagree with the view that parents, teachersand others who look after children need to take a morebalanced approach to risk. Adventurous activities are a keyresponse to this plea to redress the balance around risk.They are amongst the most engaging, enjoyable andrewarding learning activities that children and young peoplecan do, inside or outside the classroom. They can buildconfidence, offer new experiences, provide insights intocharacter and even transform lives. They have the power todo this precisely because they are up-front in their goal oftaking children beyond their existing competences: theymake explicit demands on those who take part.

The demands that adventurous activitiesmake may be physical, or skill-based:tackling a strenuous hill walk, forinstance, or learning how to abseil. Butthere is another dimension: even wherethere is a very remote chance of physicalinjury – for instance, in a harnessed zipwire descent – participants are still beingasked to develop their personalqualities, and to risk their reputation andstatus in their own eyes, and in the eyesof peers and others.

The HSE’s Chair, Judith Hackitt,supports the view that activities with adegree of risk can be a benefit. In 2009she told a Learning Outside theClassroom conference: “part of theprocess can and should be about settingrealistic expectations and making thosewho want to take part in the activitiesaware that in doing so they are exposingthemselves to risk – and that’s a goodthing! Why? Because life itself is full ofrisks we cannot avoid. We all survive bylearning how to deal with risk; andhelping young people to experience riskand learn how to handle it is part ofpreparing them for adult life and theworld of work.”

Because adventurous activities makedemands on children and young people– physically and emotionally – theycannot be entirely risk-free. Indeed inmost cases, at the heart of the offer ismeaningful engagement with real risk –not perceived risk (as in the harnessedzip wire) but real risk, in whichparticipants take a degree ofresponsibility for what happens.

Young people of all ages benefit fromreal life ‘hands on’ experiences; whenthey can see, hear, touch and explorethe world around them and haveopportunities to experience challengeand adventure.

Council for Learning Outside the Classroom website

The English Outdoor Council, in itspublication High Quality OutdoorEducation, identified five cross-cuttingthemes of high-quality outdooreducational activities, of which onewas safety and risk management.The document states that:“in high-quality outdoor education theyoung people themselves are activelyengaged in the process of riskassessment, at the planning stage,whilst undertaking their activities, andin debriefing and review. Riskmanagement is a ‘life skill’ in its ownright. Learning this skill will be of valueto young people both in the work placeand in other aspects of their adult life.”

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So one of the ways that we can helpchildren to prepare for adult life is toexpose them to managed risk, whilesupporting them in learning how tocope. For instance, we help children tolearn how to manage the risk ofdrowning not by keeping them awayfrom the sea, rivers or lakes, but byteaching them how to swim, and how tomanage the water environment. Outdooreducation often takes an incrementalapproach to risk, gradually increasingchildren’s exposure as they gainconfidence, with self-management,sound judgement and self-reliance asthe ultimate goals.

This does not mean that successfulparticipation in adventurous activitiesmeans being reckless about safety, orscaring people witless. In fact, a carefulbalancing act is in play. Too little risk,and the activity loses significance. Toomuch risk, and too little reward, andparticipants can be put off the activity,left emotionally scarred, or – in the worstcases – suffer permanent loss. Theeducational adventure writer ColinMortlock describes a spectrum of‘adventure states’ of increasing intensity.

The Duke of Edinburgh’s Award (DofE)supports over 275,000 people aged14-24 in a programme that, accordingto the charity, “aims to instil a spirit ofadventure, and have a lasting impacton young people’s behaviours, skillsand life chances”. A key part of itsprogramme is for participants to carryout an unaccompanied expedition thatmust be completed through theparticipants’ own physical efforts. TheDofE’s Expedition Handbook is clearthat “adventure and discovery alwaysinvolve some measure of risk”, thatexpeditions should involve respondingto a challenge, and that one of thebenefits of doing an expedition is thatparticipants learn to manage risk.While the initial level of challenge isdetermined by the team, “the weatherand the demanding surroundings inwhich the expedition takes placealways necessitates the teamresponding to a series of unforeseenchallenges.” The Expedition Guide alsostates that, of all the qualities entailedin the safety and well-being ofparticipants doing DofE expeditions,“that of sound judgement is the mostimportant. Sound judgement, alongwith responsibility and maturity, arisesfrom effective training coupled withprogressive and varied experience overa period of time. It cannot developunless there are opportunities toexercise judgement.”

Why does adventure

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The spectrum starts with play that is wellbelow a participant’s capacity. It rangesthrough adventure and what Mortlockcalls ‘frontier adventure’ – whereparticipants are experiencing challengesclose to their limits – to misadventure,when participants are overstretched,with possibly serious consequences.

What this spectrum shows is thatsometimes, the difference betweensuccess and failure, betweenexhilaration and catastrophe, can bevery small. However, Mortlock alsorecognises that the same activity mightbe too boring and tedious for oneparticipant, but too demanding foranother. In other words, different peoplehave different thresholds for adventureand challenge. Hence it is the subjectivenature of the experience that matters.This in turn is partly to do with theactivity itself, and partly to do with thecapabilities and resources of theparticipants. A well-planned adventureactivity is pitched at a level thatstretches the participants beyond theircomfort zones, but is not so challengingthat they feel completely out of theirdepth. Bob Barton, author of Safety,Risk and Adventure in Outdoor Activities,picks up Mortlock’s argument when hewrites: “Without uncertainty of outcome,without risk, we may have a very finerecreational experience, but we nolonger have adventure.”

A sense of challenge is part of theessence of true adventure, and a degreeof risk is the inevitable consequence.Many of us recognise this from ourchildhood memories. This means theoutcomes, good or bad, cannot becompletely determined in advance. Thisin turn means that, even with carefulplanning, tragedies may occur duringadventure activities, as they occur ineveryday life. While it is human nature tolook back with the benefit of hindsight atthe circumstances leading up to a tragicevent, and to pinpoint things that mighthave been done differently, it is neitherreasonable nor feasible for activityorganisers to be expected to offerguarantees of safety. We need torecognise that there is such a thing as agenuine accident: from time to time,terrible things happen and no-one is toblame.

This does not let those who organiseand provide adventure activities off thehook. Previous tragedies have shownthat lives have sometimes been lostneedlessly because actions anddecisions fell well below the standardsany reasonable person would expect.

matter?

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What are the risks?Teachers can be forgiven for believing that childrenregularly come to serious harm on outings and activities.The media can sometimes appear to give that impression.Yet the reality is that visits and activities are by any measurecomparatively safe. Minor accidents and upsets are notuncommon – and should not be ignored – but again, there isnothing to suggest these are any more frequent than ineveryday life.

When looking at what might go wrong, itis the risks to children and young peoplethat should be our primary focus. Yet inmany cases, agencies can becomefocused not on the risks to children, buton the risk to their own resources,reputation and good name. They fear aso-called ‘blame culture’ by which anyadverse outcome, even if it is relativelyminor, can become the focus foraccusations, recriminations andlitigation.

Visits and outdoor activitiesare excessively dangerous

Looking at school visits, on average,out of around 7-10 million days ofactivities by children and young peoplewho take part, there are perhaps twoor three fatalities a year, of which onaverage only one is directly related tothe adventure activity itself. (A similarproportion is related to traffic casualtiesthat occur while travelling to and fromvisits.) This means that – taking intoaccount the amount of time spentparticipating in such activities – thelikelihood of a fatality is about the sameas in everyday life. To put it anotherway: on a typical school visit, thechildren who take part are at nogreater risk of death than theirschoolmates who have stayed behind.

MYTH 2

Accidental deaths, children under 16, England and Wales, 2006

Road transport 114

Drowning/choking/suffocation 69

Fire/flames 24

Falls 16

Rail/Water/Air transport 4

Poisonings 4

Other accidents 33

Average fatalities per year on activities during school visits 1

Sources: RoSPA, Adventure Activities Licensing Service

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How does the legal system respondwhen something goes wrong – whenaccidents happen, as they inevitably willfrom time to time? The picture is not asbleak as many believe. The starting pointis that the primary responsibility lies withthe employer, not the employee. HSEChair Judith Hackitt, summarised thelegal position in a speech to members ofthe NASUWT teaching union in 2008,stating: “Teachers are not personallysued and in the very small number ofcases where teachers have beenprosecuted it has happened becauseteachers have ignored direct instructionsand departed from common sense”.

Teachers face a serious riskof prosecution

Since 1996 (when these sorts of casesstarted to receive more official scrutiny)just two teachers have been convictedafter failures relating to an accident onvisits or outdoor activities. One otherteacher had a conviction overturned onappeal. Perhaps the most well-knowncase involved a fatality at GlenriddingBeck in the Lake District in May 2002,when a teacher led a group of studentson a plunge-pooling outing. The teacherleading the expedition pleaded guilty tomanslaughter. It was found that waterlevels at the site were unusually high,and water temperatures low; the teacherhad been warned on the day by othervisiting groups not to enter the water;no rescue rope had been prepared;and no ‘plan B’ had been made. Thetrial judge described the leader’sactions as “reckless in the extreme”.

MYTH 3 Looking first at criminal prosecutions, asMyth 3 shows, such cases are incrediblyrare, though inevitably they generate agreat deal of debate.

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Turning to civil claims, while there is atheoretical risk of personal liability, todate these have without exception beenmade against organisations, notindividuals. And again – contrary topublic opinion – the hard figures showthat there is no epidemic of lawsuits (seeMyth 4 below). Indeed the lawyer JulianFulbrook in his 2005 book OutdoorActivities, Negligence and the Lawstates that the number of legal claimshas been going down. Moreover, whileanecdotal evidence suggests that someclaims are today being made forincidents that in the past would havebeen put down to bad luck, the typicalamounts involved are by any measurevery small.

What a

Litigation is rampant

A survey by the Countryside Alliance in2009 suggested that the total amountpaid out in compensation for schoolvisit incidents by education/children’sservices departments across Englandand Wales over the last 10 years wasbelow £1 million. Around half ofdepartments had not settled a singleclaim over the whole decade, while theaverage payment was a few hundredpounds per department each year:equivalent to a few pounds per school.

MYTH 4

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Even when claims are made againstorganisations, they can often besuccessfully defended. A number oflocal authorities, includingWolverhampton Metropolitan BoroughCouncil, take a robust, principledapproach to liability claims. Where theCouncil believes it is at fault, claims aresettled. But where it does not, claims arecontested, if necessary in the courts.This approach benefits from closeliaison between the Council’s corporaterisk managers and children’s services (inparticular, the play section). To supportthis, a corporate policy framework hasbeen adopted that explicitly sets out abalanced approach to risks and benefits.In the same way the Scouts Association,which has its own in-house insurance,contests all claims where it believes it isnot at fault. Out of around 50 or 60 suchclaims a year, only around six end up incourt, and in most of these the claimsare turned down.

Despite the rarity of cases againstschools, teachers or organisations,concern has grown about the impact ofthe fear of litigation. In response,Parliament introduced a new Act, theCompensation Act 2006. Part 1 of theAct makes it clear that, when consideringnegligence claims, the courts may takeinto account the danger of discouragingor deterring ‘desirable activities’ such asvisits.

While this Act did not change the legalbasis for liability claims, it has had theeffect of emphasising the existing needfor the courts to take into account thebenefits of activities when consideringthe duty of care. Recent cases haveprompted lawyers to suggest that thecourts, in the wake of the Act, acceptthat some activities carry with them aninherent level of risk.

Even in the media, attitudes to schoolvisits and children’s safety are changing.While emotive reports of extremely raretragedies are still part of the picture,stories that allege over-the-topprotective measures and that bemoan awider culture of excessive safety arebecoming more common. Given themedia’s wish to grab our attention, weshould not perhaps be too surprised atthis contradictory take on the topic. Butit does show that the debate is movingon.

re the risks?

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Legal contextWhat does the law state about safety on visits andadventurous activities? The short answer is perhapssurprisingly straightforward. It can be captured in a singleword: reasonableness. Those organising and providingactivities outside the classroom are expected to takereasonable steps to ensure the safety of the children andyoung people taking part. The notion of reasonableness iscentral to the key legislation: the Health and Safety at Worketc Act 1974 and the Occupiers’ Liability Acts 1957 and1984.

Of course, the key question is ‘what isreasonable’? The answer, notsurprisingly, depends largely upon thecircumstances. But two important recentlegal cases, explored in Myth 5 below,show that the law provides a sensibleframework. They bring out two cruciallegal points. The first is that the courtstake the view that risks and benefitsneed to be balanced, and any proposedpreventative measures need to take thisbalancing act into account, and also tobe proportionate in cost terms. Thesecond is that where risks in an activityare inherent and obvious, and peoplechoose to take part, the law takes acommon-sense position about the dutyof care.

The courts aresystematically making badjudgements

It is a popularly held view that the lawnow takes the view that all risk has tobe eliminated, and that when evenobvious risks lead to injury or loss, thevictims will nonetheless be supportedby the courts. The reality is verydifferent, as shown by two precedent-setting legal cases. The first, Tomlinsonv Congleton Borough Council, was acivil liability claim arising from a youngman who suffered permanentlydisabling injuries as a result of divinginto shallow water in a lake in a countrypark. The case went to the House ofLords in 2003, where the claim wasrejected, even though the parkmanagement had identified the risk,but had failed to carry out plannedsafety measures. One of the LawLords judging the case, LordHoffmann, said: “… the question ofwhat amounts to such care as in all thecircumstances of the case isreasonable depends upon assessing,as in the case of common lawnegligence, not only the likelihood thatsomeone may be injured and theseriousness of the injury which mayoccur, but also the social value of theactivity which gives rise to the risk andthe cost of preventative measures.These factors have to be balancedagainst each other.”

The second, Poppleton v Trustees ofthe Portsmouth Youth ActivitiesCommittee, involved a man who fellfrom an indoor bouldering wall afterattempting to jump from one part of thestructure to another. The man sued theoperator and was awarded damages,but the case was overturned onappeal. The Court of Appeal took theview that there were inherent andobvious risks that did not need to bebrought to users’ attention and did notrequire special training or supervision.

MYTH 5

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There is a requirement, under theManagement of Health and Safety atWork Regulations 1999, to carry out a‘suitable and sufficient assessment’ ofthe risks associated with a site oractivity, and to act accordingly. Thephrase ‘suitable and sufficient’ againrecognises that the nature and scope ofthe assessment depends uponcircumstances. However, in recent yearsthe trend has been to conduct ever moredetailed risk assessments, because ofthe fear of litigation. The trend hasbecome so pronounced that it has eventroubled the HSE, which states bluntlyon its website that ‘sensible riskmanagement is not about generatinguseless paperwork mountains’. There isa clear call for local authorities and otheragencies to reduce the bureaucraticburden imposed on those involved invisits and activities, focusing on peopleand processes, not paper.The HSE website also echoes the

judgement of Lord Hoffmann (quotedabove) in saying that ‘sensible riskmanagement is about providing overallbenefit to society by balancing benefitsand risks’. The HSE accepts, then, thatthere is no overriding requirement toeliminate or minimise risk, nor even toreduce identified risks. This view alsosquares with public policy and publicattitudes. When public views on safetyare explored in detail, it is clear thatpeople take, and expect, a balancedapproach to decision-making: one thattakes into account a range of factors, ofwhich reducing adverse outcomes is butone.

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The role of guidanceLocal authorities and employers should provide guidanceon how risks and benefits should be assessed and managedin different circumstances, including situations whereexternal agencies such as adventurous activity providersare used.

Such materials should be helpful andsupportive. However, guidance can onlygo so far, and can never deal fully withall the possible circumstances andsituations that may arise on a visit orduring an activity. Indeed too muchguidance, at too great a level of detail,can be counterproductive, because itcan reinforce a distorted approach torisk management that focuses ontechnical compliance rather than criticalthinking and proactive problem solving.According to Marcus Bailie, Head ofInspection at the Adventure ActivitiesLicensing Service, when things gowrong, the primary questions posed inany resulting inquiry, whether conductedinternally or by the courts or regulators,are ‘what happened on the day?’ and‘was it reasonable?’.

Some feel that risk management inoutdoor activity contexts is still overlyconcerned with reducing risks, and isprone to lose sight of benefits. Oneproblem is that procedures can bebased on those developed in industrialsettings, and may not be so appropriatein outdoor or adventurous contexts. In afactory or office, exposing people to riskis, generally speaking, undesirable.There is no great merit to employees orvisitors in having an unprotected drop,or a challenging crossing point overwater. By contrast, as argued above, inoutdoor and adventurous programmes adegree of risk or challenge is often ofintrinsic worth, because of the benefitsthat come from children and youngpeople learning how to overcome thechallenge.

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The HSE has put forward one approachto risk assessment, called Five Steps toRisk Assessment. However, the HSErecognises that other approaches canbe taken, and may be more appropriatedepending on the circumstances.Nothing Ventured... supports anapproach to risk management calledrisk-benefit assessment that aims toassess and manage both risks andbenefits together. Two sets offorthcoming guidance, from theDepartment for Children, Schools andFamilies and from the ScottishGovernment, are both expected tosupport this approach.

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Risk-benefitassessment in practice

Risk-benefit assessment starts withidentifying the benefits or objectives ofan activity. It then considers thepotential risks, and reviews the possibleresponses to these risks before reachinga judgement on the actual measures thatwill be taken. As with conventional riskassessment, the relevant considerations,including benefits, are recorded inwritten form to provide an audit trail.

Being clear and explicit about benefitsnot only helps with risk management, italso provides a sound basis forevaluating programmes and activities.This is an important point because oneof the criticisms of some outdoorlearning initiatives is that they are notalways well evaluated.

The method set out in Managing Risk inPlay Provision Implementation Guidedoes not involve any scoring orarithmetic, since such procedures canbe confusing and difficult to applyconsistently in play and learningcontexts, and moreover can struggle tocope with the subtleties and dilemmasthrown up by real-life situations. Instead,it puts forward a narrative approach thatsimply encourages those carrying outthe assessment to state the factors theyhave considered and the judgementsthey have reached.

Professional awareness of risk-benefitassessment has grown considerablybecause of work on playground safety.However, it has long been implicit in theethos and goals of agencies such asthose providing adventurous andoutdoor activities, and has beenelaborated theoretically in the form of a‘triangle of risk’ (benefits, hazards andcontrol measures). The University ofCentral Lancashire, which providesdegree courses for outdoorprofessionals, recognises that studentshave to encounter risks if they areto become well-equipped to supportexperiential learning once they havequalified. Hence it plans to introducerisk-benefit assessment into its riskmanagement systems. The approach isalso being put into action elsewhere.

Risk-benefit assessment brings together in a single procedurean assessment of both risks and benefits. To quote thepublication Managing Risk in Play Provision: ImplementationGuide, which outlines how risk-benefit assessment can beapplied in play services and facilities, it “focuses on makingjudgements and identifying measures that manage riskswhile securing benefits”. The approach is supported byGovernment, and crucially has been recognised by the HSEas forming part of the risk management process, asrequired by health and safety regulations.

Introducecontrolmethods

Identifyhazards

Conventional risk assessment

Risk-benefit assessment

BenefitsRisks

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Forest school is a learning initiativewhere children leave the classroom tohave weekly sessions in woodlands orother outdoor settings, led by speciallytrained teachers. By their very nature,forest school programmes require athoughtful approach to balancing risksand benefits. The activities on offer mayinclude building dens, using knives andtools, and fire-based activities, withchildren being given significant choiceand control over what they do. Theapproach, developed in Scandinavia, isspreading throughout the UK (inWorcestershire over 300 settings arerunning programmes). It is often takenup in early years settings, and is alsoused by primary and secondary schoolsas a way of reconnecting disaffected ordisengaged children with learning.

Enable Scotland is a charity thatcampaigns for a better life for childrenand adults with learning disabilities andsupports them and their families to live,work and take part in their communities.One service it offers is to provideactivities and visits for children andyoung people, including adventurousand outdoor activities. In response toworries that the activity planning wasbecoming too cautious and overlyinfluenced by the impetus to removerisk, the charity developed a risk-benefit assessment form that gatherskey information about the benefits forparticipants. The form asks about thebenefits to the person of taking part,and how would the person feel ifprevented from taking part. The formalso asks for information on whatcould go wrong – but the nextquestion is ‘what could be done to geta positive outcome?’

The form has, according to KathleenNicol, Training & Quality Manager atEnable Scotland, made a realdifference to the approach of staff. Shesays: “Usually the penny drops aboutthe advantages of risk taking and theimportance of not wrapping people upin cotton wool.”

Torbay Council is running forest schoolprogrammes in four early yearssettings, delivered by ForestFoundations. They will include ananalysis of benefits as part of the riskmanagement procedures. Children willbe explicitly and directly involved in riskassessments, as is common in forestschool projects. Another forest schoolproject, at Broomheath Plantation inCheshire, states in its information packfor parents that the aim is “not toremove all risk, but to manageacceptable risk”. Simon Harding, whoruns the scheme, explains that childrendo sometimes sustain minor injurieslike cuts, scrapes or bruises, but that:“Parents are always more acceptingthan popular myth would have onebelieve, as long as the child showsunderstanding of how the injuryoccurred and how to avoid it in future.”

Risk-benefit assessm

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Some local authorities are alsodeveloping procedures that allowbenefits to come into the equation.Worcestershire County Councilemphasises the importance of anexplicit consideration of benefits whenmanaging risk. Its Learning Outside theClassroom (LOtC) Guidance states:

Thinking about benefits alongside risksdoes not just help to tackle excessiverisk aversion. It can improve the waystaff deliver programmes, it can help togive visits and activities a clearerpurpose, and it can enable the goals tobe communicated more effectively.

For instance, judgements about howchildren are supervised can be difficultto get right, particularly with older youngpeople and during less structured orunstructured periods. Supervisory staff canfeel under pressure to intervene at the firstsign of trouble. This in turn can close downvaluable opportunities for participants tolearn for themselves the implications oftheir actions. It can also lead those takingpart to feel resentful or hostile at what theysee as unnecessary and unreasonableinterference. If it is recognised in advancethat one of the aims of the visit is to allowparticipants some freedom, choice andcontrol, and the chance to take a degreeof responsibility for their actions, this willsupport a more balanced approach tointerventions. This is especially likely ifchildren themselves are made aware ofthe expectations about their behaviour,and are given the chance to reflect onand discuss how they should respond tothe freedoms they have been granted.

Taking a risk-benefit perspective can alsofoster a better understanding about safety,and more productive dialogue, amongstall the parties involved. All too often,schools and providers can feel underpressure to respond to the fears of themost anxious parents, even when this maycompromise goals or lead to the wishes ofthe silent majority being ignored. However,where children, parents, schools andteachers, and specialist adventure activityorganisers and providers all accept thatchallenging situations will be encounteredand are to be expected, even welcomed,discussions are unlikely to lead tounproductive debates about how ‘safe’ anactivity is. This is a question that is all butimpossible to answer, because differentpeople have different interpretations ofsafety. Instead, the focus will be on thenature of the risks, how they relate tobenefits and how they can be managed.

An holistic view of the riskmanagement of a given activity needsto be informed by the benefits to begained from participating in the activity,not just the hazards and risks. It istherefore a good starting point for anyrisk assessment to identify the targetedbenefits as early as possible in theprocess… Young people encounteringrisk sensibly managed are presentedwith an unrivalled learning opportunityand exposure to well managed riskhelps children learn important life skills,including how to manage risks forthemselves. Responding to this needmay well be one of the fundamentalaims of many areas of LearningOutside the Classroom. It follows thatsuch aims should be encouraged,rather than avoided.

such an approach to risk assessmentis unlikely to be practicable in adynamic LOtC activity situation. Whenmanaging groups of young people inan off-site context – where rapidlyunfolding (and possibly unforeseen)events will also be subject to thevagaries of human behaviour within anevolving (and possibly stressful) groupdynamic – there is good reason to saythat a formulae-based approach to riskassessment is too complex andtherefore ‘not fit for purpose’.

Worcestershire’s guidance, likeManaging Risk in Play ProvisionImplementation Guide, advises againsttechnical or numerical scoring systems,stating that:

ent in practice

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Successfully challenginga risk averse culture

A little probing will often reveal that theissues may not be so cut and dried. Theresponse ‘you can’t do that due tohealth and safety’ may not be based onreality, but on confusion,misunderstandings, anxiety and(sometimes) even laziness.

This tendency for wrong-headednessabout risk has been highlighted by theHSE itself. In 2006 it launched acampaign to promote sensible riskmanagement that stated: “some of the‘elfandsafety’ stories are just myths.”One example from education is thewidely-held belief, especially amongstearly years practitioners, that eggboxesand toilet rolls are banned from use incraft activities, due to the risk ofbacteriological contamination. In fact, nocredible agency has ever taken thisposition. It is a myth, and was identifiedas such by the HSE on its ‘myth of themonth’ web pages.

Myths and confusion are not the onlyproblems. Trees really are being cutdown, hanging baskets are beingremoved and schools are banningplayground games, all because of amisguided grasp by some individuals ofthe concept of health and safety.Although the climate is improving, thereare still unnecessary barriers to givingchildren and young people the kinds oflearning opportunities that will fostertheir competences and resilience, andgive them a greater sense ofresponsibility for their actions.

Many who work with children and young people wouldagree that they should be given the chance to learn how tocope with a range of challenges, and that they should notbe overprotected. Yet it is easy to slip into a pessimistic orcynical frame of mind about risk when someone brings uphealth and safety as an issue. Ambitions are scaled down,obstacles imagined, and enthusiasm levels fall.

Teaching unions are advisingteachers not to lead or takepart in educational visits

It is widely believed that the teachingunion the NASUWT advises itsmembers not to lead or take part ineducational visits. In fact, NASUWTguidance does not state this (though itdoes advise members to think carefullybefore becoming involved). The unionhas given its formal support to theLearning Outside the ClassroomManifesto.

MYTH 6

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One challenge is that within organisationsit is rare to see a consistent, coherentapproach. So while face-to-face staffmay want to give children experiencesthat expose them to a degree ofmanaged risk, their managers, or theircolleagues in charge of health andsafety, may take a different view.

How can this problem of differingattitudes to risk be overcome? It is besttackled by building a shared vision: acommon understanding or position onrisk that all those involved sign up to.Without such a shared vision, thosewhose concern is solely reducing therisk of loss, such as risk managers orinsurance providers, may have too greatan influence on the services or activitiesprovided. When it comes to deliveringbenefits and weighing these up againstrisks, the risk management chain ofcommand is only as strong as itsweakest link.

Building a shared vision could usefullystart with getting the key people in aroom to discuss and agree a position onrisks and benefits. Managers andcorporate health and safety teams maybe open to the idea that their proceduresneed revisiting and revising along risk-benefit lines, given the lively public andprofessional debate around risk and howit may be affecting children’s lives andfutures.

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ConclusionsEducation in its broadest sense is not just about delivering acurriculum. It is about giving children the chance to extendtheir life skills. It is about developing their confidence. It isabout fostering their resilience and sense of responsibility.And – let us not forget – it is about the enjoyment,engagement and excitement of venturing out into the realworld, with all its capacity for uncertainty, surprise,stimulation and delight.

All of these goals depend upon creatingspace and time for children to take adegree of control for their actions: givingthem meaningful challenges thatinevitably give rise to real risks. Thismeans that the outcomes will never beentirely certain. While the risks can bemanaged, they cannot and should notbe eliminated, and absolute safetycannot and should not be guaranteed.

The time is right to move on fromunproductive debates about the blameculture.

We need instead to talk about how wecan take a confident approach toplanning and providing activities beyondthe classroom. This means being clearand articulate about benefits as well asrisks. It means recognising that, whileprocedures and paperwork mayunderpin sound judgement and goodsense, they do not drive it. And mostimportant of all, it means having a clarityof vision about the kind of learningopportunities that children and youngpeople deserve, and about thechallenges they are capable of taking on– and succeeding at – if only we givethem the chance.

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When Karen Surrall became headteacher of St James CE Primaryschool in West Malvern,Worcestershire in 2005, the childrencomplained that the curriculum was“boring” and parents complained thatthe kids did not spend enough timeoutside. So began a journey with boththe children and the staff.

Wherever possible, rules that were inplace simply to regulate rather than toprotect were removed. The childrenand staff wrote the risk assessmentstogether – for the play equipment, theplayground and ultimately forsnowballing. The aim was to enablechildren and staff to enjoy takingacceptable risks, and to understandthe reasons for any safeguards thatwere in place.

Staff are encouraged to plan forlearning outside as often as possible,both on and off site. Karen explains:“We invested in training for all our staff,including teaching assistants. Webegan a weekly forest school sessionin reception, and this is nowembedded throughout key stage 1. Allour science is taught through forestschool sessions. Our year 5 and 6children go on an annual residentialvisit to Llanrug Outdoor EducationCentre, where they push themselvesphysically and emotionally. They arriveback rightly proud of theirachievements.”

Five years on, Karen feels that thechildren are enthusiastic learners,understand why challenge is necessaryand are learning how to be successfulin their learning. OFSTED judged thecare, support and guidance of thechildren to be ‘outstanding’ and theschool’s SATS results are the bestsince she arrived.

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Next steps foryou/your organisation

• Review risk assessments and otherprocedures with a view to includinginformation about benefits.

• Review activity programmes andoutdoor initiatives and draw up explicitstatements about the benefits ofparticipation, including life skills andcompetences as well as curriculumbenefits. Ensure these benefits arewidely disseminated, discussed andunderstood.

• Set up a seminar/discussion meetingto review the philosophy andframework underpinning policies andprocedures, with the aim of developingsystems that look holistically at risksand benefits, and that recognise thatmaking children safer from immediateharm may reduce their overall healthand well-being. The meeting shouldbring together all the key playersinvolved, including legal teams,insurance and risk managers andhealth and safety leaders as well aseducational visit coordinators andproviders.

References andfurther informationBall, David, Gill, Tim and Spiegal,Bernard (2008) Managing Risk in PlayProvision Implementation Guide

Barton, Bob (2007) Safety Risk andAdventure in Outdoor Activities

Countryside Alliance (2009) research onschool visits – see www.guardian.co.uk/education/2009/oct/02/school-trips-teachers-legal-action

English Outdoor Council, in cooperationwith the Outdoor Education Advisers’Panel (2005) High Quality OutdoorEducation

Fulbrook, Julian (2005) OutdoorActivities, Negligence and the Law

Gill, Tim (2007) No Fear: Growing up in arisk averse society

Girlguiding UK (2009) Redefining Risk:Girls shout out!

Hackitt, Judith (2008) speech to Institutefor Occupational Safety and Health,8 May 2008

Hackitt, Judith (2008) speech toNASUWT, 25 March 2008

Hackitt, Judith (2009) speech at Councilfor Learning Outside the Classroomconference, 3 December 2009

Haddock, Cathye (2004)Outdoor Safety: Riskmanagement for outdoorleaders

Health and Safety Executive websitewww.hse.gov.uk (especially sections onsensible risk management)

Learning Outside the Classroom websitewww.LOtC.org.uk

Mortlock, Colin (1984) The AdventureAlternative

Department for Education and Skills(2001) Health and Safety:Responsibilities and Powers (statutoryguidance note DfES/0803/2001)

Ofsted (2004) Statement from DavidBell, Chief Inspector, issued at launch of

report Outdoor Education: Aspectsof Good Practice

National Association of FieldStudies Officers (2003) Quality,Safety and Sustainability in theDelivery of Learning through theEnvironment

Royal Society for the Prevention ofAccidents (2008) RoSPA ChildAccident Statistics (availablefrom RoSPA website)

Designed by FSC Publications

About the Outdoor Education Advisers’ PanelFor information about the work of the Outdoor Education Advisers’ Paneland to find your local outdoor education advisor, visit www.oeap.info fromwhom further copies can be obtained.

In addition you can contact The Institute of Outdoor Learning Bookshop atwww.outdoor-learning.org.

About the authorTim Gill is a writer and researcher whose work focuses on childhood andrisk. To find out more, visit his website www.rethinkingchildhood.com.