Managing risk in play and 100% compensation

05/06/2009

Growing up can be tough, should be tough even. It's all part of the School of Hard Knocks, the University of Life etc. Like most, I've got my scars, both physical and emotional, and I am glad of them. I may work for a 100% compensation provider, but this does not mean I believe children should be mollycoddled. Far from it, in fact; like the children's minister I'm a staunch believer in risk being introduced to both play and learning, only in a managed fashion.

After all, few things could be worse than bestowing our children a legacy of straight jacketed boredom. Imagination and fun are essential to healthy development. Having everything laid on a plate, risk free, can only be damaging and leave youngsters ill-equipped to confront the challenges they will face as they enter adult life.

As with all things, good play is about balance and moderation. For my money, this means challenging children but also empowering them to avoid risk by helping them make the right choices. Of course, this doesn't mean banning conkers, but nor does it mean giving them free reign to do a 20ft rock climb without safety equipment.

Fortunately, I think things are moving in the right direction. Not long ago it was difficult to find a playground that challenged children in any way. But, with the 2002 introduction of the Play Safety Forum's manifesto Managing Risk in Play Provision things seem to have improved.

Although the language is jargoned, the message is clear and good: "Children need and want to take risks when they play. Play provision aims to respond to these needs and wishes by offering children stimulating, challenging environments for exploring and developing their abilities. In doing this, play provision aims to manage the level of risk so that children are not exposed to unacceptable risks of death or serious injury."

Really, unless you're a headline-hungry tabloid journalist eager to denounce policymakers for "wrapping children up in a cotton wool society", there can be little in that to object to.

But naturally, this does not mean that 100% compensation litigation and personal injury solicitors do not have a place in school or playground-related claims. Where there is clear negligence and it causes injury, children should not be denied the same civil rights that are granted to us all.

A pertinent reminder of this came this week with news of an Australian high school student who was nearly hanged to death during a school history lesson.

He was in the process of being photographed for a "staged crime scene" when he fell from a table with a noose around his neck, causing the noose to tighten and his face to turn blue.

A teacher had to rush to cut him free with a knife. Fortunately, the 14-year-old boy survived but it was a near miss and he may have suffered whiplash.

Queensland's Education Minister Geoff Wilson commented, "It beggars belief that such an incident could take place," he said.

"We want to find out how it took place so that whatever action needs to be taken can be taken to ensure that such an incident can never happen again.

"I'm a parent - the last thing I've ever wanted any of my children to do is put a rope around their neck and I'm astonished that the incident's taken place.

"However, we must bring an open mind to the investigation.

"I expect my Department to act immediately on any recommendations as a result of these investigations," he said.

"This is clearly a very serious incident.

"The safety and well-being of students must be the first priority at all times."

While it is not known if the boy will be seeking 100% compensation for receiving a neck injury, this incident should remind us all that while risk in play and learning is undoubtedly a good thing, it is only so if well managed.

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