Play for Wales issue 23

Issue 23

Play news & briefing from the national organisation for play Winter 2007

Play for Wales

Risk and resilienceRisk and resilience

www.playwales.org.uk

Editorial Happy New Year one and all! There has been much mediacoverage of the decline in ourchildren’s experience of childhoodof late, so it is a pleasure to receivegood news to start the New Year:welcome to the new Children’sCommissioner for Wales, KeithTowler; congratulations to thesuccessful applicants in the firstround of the BIG Lottery Child’s Playprogramme; a round of applauseto the Welsh Assembly for providingan extra million pounds per year inthe Cymorth fund so that moredisabled children can accessinclusive play provision; and welldone to all those in England whohave managed to effect a changein the English Government’scommitment to children’s playthrough the Children’s Plan. All ofthese will undoubtedly help to makethe UK a happier and more fulfillingplace for children to grow up.

However, there are issues that areproviding us with food for thought atPlay Wales.

The first issue is the inadequacy ofthe Health and Safety at Work Act inlegislating for safety in children’splay. We have long beenadvocates for providingopportunities for risk taking in play

provision because it is what childrenwant and need. What do we meanby providing risk in play provision?We mean providing opportunities forchildren to encounter uncertainty,unpredictability, and potentialhazards as part of their play, we donot mean putting children in dangerof serious harm. Read more aboutthis throughout this risk themed issueand join our campaign – if youdare.

The second is the Welsh AssemblyGovernment’s decision to contracta consultancy firm to developguidelines and standards forchildren’s play in Wales. A piece ofwork that has the potential to informfuture national legislation. PlayWales’ bid to carry out this work wasrejected.

This is an interesting departure fromprevious developments in play at anational level, that until now have allbeen led by Welsh agencies with aninterest in play. We very much hopethat the outcome of this contractwill live up to the Assembly’sexpectations and aspirations, andthose of everyone who has beeninvolved in or who will be affectedby the Play Policy ImplementationPlan.

Mike GreenawayDirector

Contents page

Editorial 2

Action on Play in Wales 3

£2.2 million for play infrastructure in Wales 4

News 5

News 6

Do we dare risk providing for risk? 7

Compensation Culture - an alternative approach 8

Claim and drain... 9

B*lls to Blame and Claim Culture 9

Safety, health and play 10

Risk in Play Seminar 12

Simple Pleasures 13

Inclusive Play and Risk 13

Adventure Playworkers ‘Get Together’ 14

Is it better to be a tortoise or a hare? 16

Playwork Wales 17

Funding and Events 18

No Fear - growing up in a risk averse society 18

Play for Wales is published by Play Wales four times a year.

Contact the Editor at:Play Wales, Baltic House,Mount Stuart Square,Cardiff CF10 5FHTelephone: 029 2048 6050 E-mail: [email protected]: 1755 9243Registered Charity No. 1068926

The views expressed in this newsletter arenot necessarily those of Play Wales.We reserve the right to edit for publication.We do not endorse any of the products orevents advertised in or with this publication.This publication is printed on paperproduced from sustainable forests.

Designed and printed by Carrick Business Services Ltd. Tel: 01443 843 520 E-mail: [email protected]

Play for Wales Issue 23 WINTER 2007EDITORIAL

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A heartfelt thank you to everyone who contributed to this magazine – wecouldn’t do it without you.

This issue of Play for Wales, as well as previous issues, is available todownload from our website news section at www.playwales.org.uk

Visit www.playwales.org.uk

for up to date news and information

This specialist work to develop standards and guidancefor both outdoor play areas and staffed play provision is

vital to the successful future of play provision in our country,and we anticipate that it has the potential to inform futureGovernment policy on play.

The Welsh Assembly Government Play PolicyImplementation Plan sets out a timetable of actions aimedat achieving the ambitions of the national Play Policy.

The development of standards and guidance representspotential progress on some of the actions.

The work will entail action to:

i. Develop and consult widely upon guidelines on whatconstitutes quality play opportunities for children andyoung people. Document models of practice that aresupported by strong evaluation evidence and suitablefor direct use in the field. (Action 2)

ii. Work with practitioners, communities, children andyoung people to develop standards for a wide varietyof play provision, that will be mandatory for playfunded by specific grants and will give lead to otherplay provision. The standards will build on existingNational Minimum Standards for Open Access Play.They will encourage the involvement of children andyoung people in planning and designing local playfacilities. (Action 4). The standards will define a publicbenchmark of balancing risk against benefit in play forall play providers (Action 15)

iii. Develop and consult widely upon guidance for WelshLocal Authorities on appropriate community playprovision that will enable the development of acommunity build play area programme throughoutWales. The guidance will complement the PlanningTechnical Advice Notes. (Action 9).

The Department of Children, Education, Lifelong Learningand Skills (D.C.E.L.L.S.) has asked that all material producedunder this contract should encourage inclusive play andshould reflect the cultural, linguistic and geographicaldiversity of Wales.

It should take account of the special factors that pertain forgender, race, ethnicity, religion, faith, disability in all itsforms and disadvantaged families whilst recognising thatplay poverty is by no means restricted to harder to reachfamilies.

The contract commenced on 30 November 2007 and thefinal material must be submitted to D.C.E.L.L.S. within the year.

Action on Play in Wales The Welsh Assembly Government has awarded a contract to take forward some ofthe most vital actions of the Welsh Assembly Government Play Policy ImplementationPlan to York Consulting.

Play for Wales Issue 23 WINTER 2007TENDER NEWS

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High hopes at the Play Policy Implementation Plan launch

Play for Wales Issue 23 WINTER 2007BIDS NEWS

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Cardiff and the Vale of GlamorganThe project will build a play infrastructure across the twocounties. Working in partnership with local authorities,local voluntary organisations and Community VoluntaryCouncils, Cardiff and Vale Play Services Association willemploy a regional executive officer to identify andsupport existing capacity and develop new provision forplay opportunities.

Carmarthenshire and PembrokeshireThe regional development co-ordinator will establish aregional play association, and develop and supportlocal play networks in Carmarthenshire andPembrokeshire to improve and increase support for playproviders across all sectors.

CeredigionThe project will employ a full time project developmentofficer to bring all partnerships and forums together toform one overarching group of representatives(Independent Play Association) to improve play provisionin Ceredigion. The Independent Play Association will bemanaged by Ray Ceredigion and co-ordinated by theproject development officer.

Rhondda Cynon Taff and BridgendThe project will employ a full time executive officer, apart time support worker and a part time administratorto help further develop infrastructure in RCT and createinfrastructure in Bridgend for the benefit of play providersin both areas.

Swansea, Neath and Port TalbotThe project will continue the employment of a full timedirector and finance officer and one new part timefinance officer position will be created to further developthe infrastructure in Swansea and Neath Port Talbot. Theproject will involve strengthening the links between the playpartnerships and framework partnerships and increasingthe ratio of voluntary sector partners in both areas.

Merthyr Tydfil, Blaenau Gwent and CaerphillyThe project will establish priorities for play, co-ordinateplay services, act as a means of promoting theimportance of children's play opportunities and providean infrastructure to support development officers andgrass roots providers in the development andsustainability of local and regional play facilities.

Ynys Môn, Gwynedd and ConwyThe project will employ two regional play developmentofficers to work with the three local authorities to createa constituted North West Wales Play Forum working withthe three local authorities, Children and Young People'sPartnerships, County Voluntary Services/Councils andLocal Town and Community Councils.

Torfaen, Newport and MonmouthshireThe project will create a cross-county partnership inorder to develop and implement a play infrastructureacross these counties, which will include a local playforum in each. The infrastructure will provide and planfor children's play.

Flintshire, Denbighshire and WrexhamThe project will employ a full time and part timedevelopment officer to develop infrastructure in the thecounties. The North East Wales Play Forum is made upfrom a number of organisations from each localauthority area (both statutory and voluntary) and willmeet to discuss and develop a joint play strategy andto evaluate the play priorities in each of the three areas.

www.biglotteryfund.org.uk

£2.2 million for playinfrastructure in WalesBIG Lottery has announced the successful applicants to the first round of theChild’s Play programme – grants that, across Wales, total £2.2 million.

Play for Wales Issue 23 WINTER 2007NEWS

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Children’s Plan for EnglandThe Children's Plan, a £1billion ten-yearstrategy for education, welfare and play,was announced by Secretary of Statefor Children, Schools and Families, EdBall in December 2007. The Plan states:‘Parents and children told us that they wanted safeplaces to play outside, and we know that play has realbenefits for children. We will spend £225 million over thenext three years to offer every local authority capitalfunding that would allow up to 3,500 playgroundsnationally to be rebuilt or renewed and madeaccessible to children with disabilities; create 30 newadventure playgrounds for 8 to 13 year-olds indisadvantaged areas, supervised by trained staff; andwe will publish a play strategy by summer 2008’.

Adrian Voce, director of Play England, said: “A good planfor play is a good plan for childhood. What Ed Balls hassaid suggests that he has really listened to children andto the concerns that exist about the decline in outdoorplay opportunities. The government has looked at thebenefits of good play provision and is ready to respond”.

Download a copy of the plan at www.dfes.gov.uk

Congratulations to Keith Towler, director of Save theChildren Wales, for being appointed the newChildren’s Commissioner for Wales. We wish him wellin his new post. This is great news for the childrenand young people of Wales.

Play England’s guideto managing risk inplay provisionTim Gill, Bernard Spiegal and DavidBall have been appointed by PlayEngland to produce a practical guideto risk management in play provision.The guide will encourage an approach to playprovision that does not automatically seek the ‘safe’route but instead enables play providers to developand manage challenging and stimulating playprovision. The resource will be a practical ‘how-to’guide to risk management in play provision and willinclude a discussion of the philosophical implicationsof attempting to challenge risk-averse provision.

The guide will be published in March 2008.

For more information go towww.playengland.org.uk

Play Scotland launched the Scottish PlayCommission at the Scottish Parliamenton Thursday 13th December 2007.

This will provide quality recommendations to the ScottishGovernment and the Scottish Parliament regardingimproving children’s play opportunities in Scotland andmaking children’s right to play a reality.

A Scottish PlayCommission

Play England have announced that the theme for next year’s Playday will be risk.

The theme was unanimously agreed by the Playdaysteering group and follows consultation.

The steering group are now asking for suggestions sothat the campaign’s key messages and title can bedeveloped. Email your feedback to Amy Little –[email protected]

Next year’s Playday will be held on Wednesday 6 August. Asalways, events will be taking place throughout the summer.

Playday 2008theme

New Children’sCommissioner forWales

Play for Wales Issue 23 WINTER 2007NEWS

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Funky Dragon (The Children and Young People’s Assemblyfor Wales) have recently published a new report – Why dopeople’s ages go up not down? The report asks to what extent are children aged seven to 10in Wales able to access their rights (as defined by the UnitedNations Convention on the Rights of the Child). Over 2500children from across Wales participated in the research, ofwhich 93 per cent drew an outdoor or energetic activity astheir favourite place when asked where or what they like toplay.

The report says: ‘Throughout this report there is a recurringtheme that was mentioned by the children in every workshop.These findings demonstrate that play is the most fundamentalrequest a child could make, and that it affects them in allareas of their lives’.

To download a copy of the report visit www.funkydragon.org.uk

A new report, Seen and Heard: Reclaiming thepublic realm with children and young people,commissioned by Play England was published inNovember by think tank, Demos.

The report calls for a 20mph speed limit in residential areasand the creation of more play spaces in "iconic locations"

such as Trafalgar Square and for children to be able to reportadults who are attempting to restrict them from playing outside.

The report is based on investigations of public areas andinterviews with children across England.

Co-author Celia Hannon said:

"Places once used by young people for playing and exploringrites of childhood are quickly being swallowed up. Unless youngpeople are in structured activities or acting as mini-consumers,we assume that they are causing trouble. Our streets, squaresand parks need to be accessible and enjoyable for all,otherwise existing anxiety around anti-social behaviour will getworse. It's time to open up our towns and cities for all andmake them more playful. Children should be seen and heard."

To support this research Demos has posted a video on theYouTube website: http://uk.youtube.com/watch?v=sf75iz_MaOg

For further information and to download a pdf of the reportvisit: http://www.demos.co.uk/publications/seenandheardreport

In December Jane Hutt AM, Minister for Children, Education,Lifelong Learning and Skills, launched a new report evaluating

the role of toy libraries undertaken by National Foundation forEducational Research with National Association of Toy andLeisure Libraries Wales. The report written by Robat Powell andNia Seaton – A treasure chest of services – examines the role oftoy libraries within play policy in Wales.

For a copy of the report visit www.natll.org.uk orwww.nfer.ac.uk

New Childhood Report

‘A treasure chest of services’

Disabled Children Matter Wales (DCMW) is agroup of organisations representing andincluding disabled children and young peopleand their families who are lobbying for greateraccess to quality play and leisure opportunities.

Play Wales has provided advice on inclusive play, and took part ina reception in the Senedd in late 2007 where Assembly

Members met disabled children and young people and talked torepresentatives of the organisations involved. The Minister forChildren, Jane Hutt AM, later announced an extra million poundsnext year on top of further on going funding through Cymorth similarto that released in 2007.

Keith Bowen, director of Contact a Family, was pleased with theresults of DCMW lobbying:

‘The Disabled Children Matter Wales campaign welcomes the WelshAssembly Government's announcement of a continuation of theCymorth funding for inclusive play. The campaign will now beworking with officials to put together a plan of action for the wayforward for disabled children and young people in Wales over thenext three years.

‘Disabled children and young people consistently put “things to doand places to go” at the top of their list of priorities and the DCMWcampaign wants inclusive play to be at the heart of the plan ofaction to be put to the Minister in the New Year.

‘We will be working closely with Play Wales and other organisationsto make sure that the plan the task group comes up with will makea real change to disabled children and young people’.

However, since the announcement was made it has become clearthat the money will not be ‘ring fenced’ for play for disabledchildren within Cymorth. Play Wales will be actively campaigning fora more strategic approach and for clear guidance to ensure thatthe money is spent wisely and for the purpose it was intended.

Campaign organisers are encouraging members of the public towrite to their local councillor and politicians, and for children andyoung people to use the Funky Dragon website to express theirviews.

Find out more, or sign up to the campaign at www.dcmw.org.uk

Disabled ChildrenMatter Campaign

New Funky Dragon report

Play for Wales Issue 23 WINTER 2007RISK

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Research and experience say that ifchildren have opportunities toencounter uncertainty and deal withpotential hazards they developresilience – their approach to lifebecomes more confident and they candeal better with what our uncertainworld throws at them.

If they are protected from anything that is potentiallyemotionally or physically harmful they will have less chanceto be resilient robust people who can stand on their own twofeet and take life’s knocks.

Children need and seek out risk – it is a natural part ofgrowing up – it is a way of learning how to survive. If we don’tintroduce opportunities to experience risk in a play setting,children will seek the thrill and sense of achievement thatcomes with overcoming fears, in places that are lessappropriate, where there are no experienced people aroundto keep an eye on them. They can practice taking risks withinthe relatively safe setting of a play space.

In this country our culture tends to suggest that children areincompetent and incapable – we start from a position ofdistrusting them to be able to fend for themselves or maketheir own decisions. In other cultures, the first premise is thatchildren are competent and capable – the only difference inthe children is our attitude towards them. The vast majority ofchildren the majority of the time are competent enough tojudge their own capabilities and capacities and to decidewhether to engage in a risky activity or not; those childrenwho are unable or unsure how to make such a judgmentneed the support of other people (children included) whohave more experience.

One of the Playwork Principles says: All playworker interventionmust balance risk with the developmental benefit and wellbeing of children. It does not say build a roaring bonfire asbig as you can and then walk away and leave children totend it, or, lift an unknown child out of her wheelchair andpush her down a slide, nor do they say if a child who has littlecontrol of their arms wants to use a craft knife we hand it overand turn our back. The Playwork Principles make theassumption that playworkers are sensible, responsible peoplewho have common sense and will apply it to their job.

What does balancing risk with benefit mean?This means making a judgment on a particularenvironment or play opportunity that children may wish tobe involved in – weighing up the benefit against the risk ofserious harm.

Benefit to children –

children getting to know what they can manage;understanding the consequences of their actions;children growing physically stronger; childrenlearning skills; children gaining knowledge; childrengaining a sense of achievement; children growingin confidence; children feeling empowered; andchildren participating and making a contribution.

Serious harm to children – children dying; children being seriously andpermanently injured or physically impaired; the onsetof life threatening illness; children experiencing severelong term mental trauma.

Scrapes, bumps and bruises, minor cuts, small burns,getting wet or muddy, and bruised pride are all part ofgrowing up – they do not mean serious harm unless anyof them are life threatening or likely to lead to long termsevere illness.

Do we dare riskproviding for risk?


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Compensation Culture -an alternative approachInsurance and Risk Manager forCaerphilly County Borough Council,Dayton Griffiths, has reduced claimsagainst the authority by 70%. Our Development Officer, MichelleJones had a chat with him about his‘alternative’ approach and this is whathe had to say:

Enticed by the flood of no win no fee advertisingcampaigns, injuries may now automatically be seen as

an opportunity to make money. This has led to privatecompanies and local authorities being bombarded withclaims. As well as a minority of genuine claims, there arealso those that are spurious, speculative and suspicious.Due to the influx of these types of claims, excesses underinsurance policies have increased considerably. Localauthorities have to pay the majority of these claims (someof them amounting to as much as quarter of a millionpounds) out of the same purse that funds otherdepartments, such as Education and Social Services.

Some private companies and local authorities, attempt toeliminate their exposure to such claims by curtailing activities;cancelling school trips or bonfire nights and banning playgroundgames. Instead of enhancing our quality of life, in my view, theseactions diminish it - accidents happen.

We at Caerphilly County Borough Council take the view thatactivities that we participated in when we were young should beallowed to continue. We make this value judgement based onthe understanding of the developmental benefits of diverse playexperiences and recognise that risk is implicit in rich playopportunities. As a local authority we provide support andprotection to employees who work with children, to ensure thatthose play experiences can be enjoyed, without fear of litigation.

Health and Safety is a process that allows us all to achieve what isneeded and to do this as safely as we can – it is NOT to stop usachieving or participating in activities that have an element of risk.

How can we safely continue providing play opportunities thatinclude an element of risk?• Carry out a risk assessment and ensure that reasonable

(common sense) safety measures are put in place.

• Ensure sufficient level of supervision.

• Consult your health and safety or your insurance and riskmanagement department if you need help.

• Your offsite activity insurer may have software that can helpwith risk assessment and safety measures.

• Retain ALL documentation relating to the activity.

• Inform your health and safety and insurance departmentsimmediately of any incident.

• Provide as much information and documentation including riskassessments to your insurance department to enable them todefend any resultant claim.

Risk assessments procedures exist to help us – they do notneed to be difficult or long. They simply consider the risksassociated with a particular activity, the level of ability of theparticipants and the reasonable measures that are needed inorder to manage the risk of injury.

Accidents happen, but if we are able to demonstrate that therisks of the activity engaged in were considered, andREASONABLE measures were taken to ensure it was as safe as itcould be, then we can effectively defend any potential claim.

Risk can never be totally eliminated but weshould never stop carrying out activities thatare essential for the development andenjoyment of us all.

Over the last six years Caerphilly County Borough Council has:

• continued with all the activities that some other authoritieshave outlawed but within reasonable and acceptable riskcontrols.

• Reduced the cases of litigation against the Authority by70%.

• Released back to frontline services over £10 million insavings from our self insured claim fund.

• Reduced our annual cost of risk by over £2m.

• Achieved four national health and safety awards.

Our approach has ensured that we can provide the supportand protection to all our staff and continue with those activitiesthat are essential to the development of our children and thequality of life of the residents of Caerphilly County Borough.Managing risk is the key to this approach. The greed of aminority should not be allowed to affect the quality of life ofour children. Insurance and risk and health and safetyprofessionals must support and provide the framework that willallow our children to play and experience the risks that areinherent in everyday living whilst providing support and securityto all those working with children.

Dayton F Griffithsinsurance and risk managerCaerphilly County Borough Council 01443 863430


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Claim and drain...

Acompensation claim is beingprocessed against Gwenfro Valley

Integrated Children’s Centre over anaccident on an aerial runway at ourstaffed adventure playground - our riskassessment, and our rules, says that nomore than two people can use it at atime. Three young people descendedthe runway together - one fell and brokehis arm. All three young people knewthe rule and they took a risk, however,the claim is progressing through theinsurance system because it is cheaperto settle than to go to court.

Where does that leave usas play providers?Our adventure playground is located inan area where the majority of familiesmanage to exist on a very low income –there are few luxuries or treats. If thisclaim is settled out of court it will advertisethat money can be made from claimingagainst us. Claims will increase, so wherethe insurance company might havesaved money in the short term, they arelikely to be spending more in the longterm, and our premium will increase. Thiswill jeopardise the service we provide andlocal children will suffer.

In the meantime the aerial runway is outof order, but I am not pursuing thereplacement part, despite it being

constantly used when working and itattracting children and young peopleonto the playground. Its play value ishuge; numerous games are developed;copious play processes are evident; andlots of happy excited children and youngpeople wait patiently for their turn. Andyet I am not keen to see it back inoperation.

Why? At the heart of my reluctance(despite over 20 years experience ofworking on adventure playgrounds) is thequestion we must all ask at times: is thelong term risk to our setting worth the playvalue? I am still unsure of the answer, butonce the part arrives the queue ofchildren and young people nagging meto put the runway back in operation willanswer the question I’m sure.

B*lls to Blame and Claim CultureIf we have tight policies and procedureswe can be tested by opportunist claimsand win the day without reaching court.Frank O’Malley of Leeds Play Networktells of a recent experience:

Leeds Play Network runs street play projects with outreachplayworkers, who do not shy away from providing

opportunities for children to take part in “risky play”.

During one of their sessions a boy jumped into long grass andbadly cut his leg on a discarded razor blade. The boy’s mothertook him to hospital. He needed stitches, but he was fine andwithin a couple of days he had returned to play at the project.In the meantime his mother, supported by a “No Win No Fee”law firm, put in a claim for compensation for the injury.

Frank immediately informed the Network’s insurance companywho sent an assessor to find out “how much money it would taketo make the claimants go away” – to settle out of court. Frankshowed him the Network’s policies and procedures regarding risk,the generic risk assessment forms that are routinely completed,and he explained about the dynamic risk assessment that ispart of all good playwork practice. He also showed the assessorthe reflective diaries kept by the Network’s playworkers, thatshowed that on the day of the accident all reasonable effort

had been made to remove hazards from the site (e.g. “…picked up three shopping bags of dog muck today …”).

The assessor reported back to the insurance company, whocontested the claim. The family backed down, and all theNetwork has to do now is to keep all the documentation of theinjury until the boy is 18, in case he decides to claim on his ownbehalf as an adult.

At the same time the assessor recommended to the insurancecompany that given the thorough way in which the Networkapproaches risk, their liability level should be lowered, and theirpremiums should be reduced. As a result the Network now paysless for insurance than they did before the claim.

Frank says the moral of the story is this: if we have decentpolicies and procedures combined with good playwork practice,we can stand up to claims and send out a message that it is notworth making opportunistic claims against a play provider. It issometimes worth being tested, there can be windfall benefits,and we find out just how good we are!

Contact Frank O’Malley on 0113 243 5566

Leeds Play Network’s policies and procedures are supportedby the Play Safety Forum’s position statement on ManagingRisk in Play Provision which can be downloaded from ourwebsite Play and Risk page, and also Playlink’s document,Negligence, play and risk – legal opinion which can bedownloaded at www.playlink.org.uk

Colin Powell, Manager of Gwenfro Valley AdventurePlayground talks about the consequences of theblame and claim culture:


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How likely is it that the originators of the 1974 Health andSafety at Work Act (HSWA) intended this legislation to

apply, not just to the workplace, but to the management ofthings like children’s play experiences, school grounds, publicparks, city squares, woodlands, and sport and leisureactivities? The answer is, in all probability, that it never crossedtheir minds. Yet the United Kingdom now finds itself withlegislation covering children’s play that was designed toprotect workers in factories and offices.

The Act itself has much to commend it so far as themanagement of occupational health and safety is concerned –it is a piece of legislation of which to be proud. This is because ofits underlying philosophy. If you look at the HSWA poster hangingon the wall in your workplace, you will notice that the words “sofar as is reasonably practicable” appear repeatedly, and this iswhere the philosophy lies. What this implies is that a kind of cost-benefit test be applied to proposed safety measures to see ifthey are reasonable and worth implementing. For instance, if aproposed safety measure is very costly and is expected toproduce little gain in terms of safety, it would not be required bythe Act. On the other hand, measures that produce afavourable benefit to cost ratio must, according to the Act, beapplied. This philosophy, seeks to generate the greatest good forthe greatest number from a pot of resources of finite size. Thecontribution of this philosophy to decision making in Britain isimmense, and its use can be observed in all sectors from theNational Health Service to the Maritime and Coastguard Agency.Its proper application helps ensure that the nation gets the mostout of its resources.

However, Section 3 of the HSWA says that the Act should applynot just to workers, but to visitors to workplaces, and as time haspassed this has come to be interpreted, rightly or wrongly, asincluding visitors to public parks, forests, and even play spaces,since these can, with a little imagination, be said to be‘somebody’s workplace.’ Thus, the Health and Safety Executive(HSE) now sees itself as the regulator regarding the managementof safety in these settings.

This trend, to apply the HSWA to public places including playspaces, has had many consequences. These include therequirement for the risk assessment of almost everything,paperwork to demonstrate it has been done, and the spread offactory-style assessment methods and solutions into the publicsector. This can be a burden. For example, some educational

establishments, as remarked by Professor John Adams ofUniversity College London, have produced a 50 page riskassessment pro formas for student trips. Of course, the HSE hasresponded on its website that sensible risk management doesnot require the generation of mountains of useless paperwork,but should an accident occur on your patch the fact is that amountain is more likely to help you than a molehill. We appearto be locked into a rather foolish situation as a result ofunintended consequences of the HSWA.

There are, in addition, other more pressing issues to beconcerned about. Readers have likely experienced themselves,and will be aware of numerous cases reported by the media, ofthe banning of many previously-enjoyed activities. Includedwithin these are things like tree climbing, den building, cookeryand woodwork classes in schools, playing football at break time,

Safety, health and playTime to rethink?Professor David Ball of the Centre for Decision Analysis and Risk Management School ofHealth and Social Science, Middlesex University calls for a rethink on current legislation.


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and so the list goes on. Something seriously bad is going onwhen children and young people lose out on their opportunitiesto play, socialise, explore, or just be themselves, yet manyobservers agree that such a process has been operating fortwenty years or more.

Further attention was brought to the matter when earlier this yearUNICEF reported that British children have the worst childhood inEurope, and although this has recently been challenged, thereis something in it. Many other agencies, including the Children’sSociety, the Children’s Play Council, the Better RegulationCommission and the Health and Safety Commission, haveraised similar concerns. They cannot all be wrong.

This raises another problem which can be linked with theencroachment of industrial-style risk assessment into the publicsphere including play. The aim of these assessments is, as theHSE has put it, simply to drive down risk. This may well be right ina factory setting, but in public life there should be anothercrucial aspect to any decision which impinges on the conductof an activity or an experience, namely, their benefits. Playexperiences have many benefits (including health). Playing inforests, for instance provides huge benefits, as does playing inmost natural environments and many public places; to applyrisk assessment methodologies to such places without explicitand due consideration of these benefits will wreak havoc uponour environment and life experiences. Yet the standard proformas and risk assessment methodologies seldom, if ever,mention the word ‘benefit,’ and even if they do, it is unclear howthey have been incorporated into the final decision as to whatto do.

A failure to consider benefits, or a downgrading of theirimportance by being less than explicit about them, will inevitablylead to a situation in which many play experiences will simply beswept away by the quest for safety from injury. The only thing thatprevents this happening is perhaps some vestige of commonsense which lingers in the back of the risk assessor’s mind. This,however, is a shallow and flimsy foothold upon which to rely.Experiences with court cases, in which experts present evidence,have shown all too clearly that many experts in injury cases areanything but experts in matters important to children’sdevelopment, health or welfare. Such things are, apparently,outside of their experience, at least while acting in theirprofessional capacity. The HSE itself, would hardly claim to be anexpert on children’s upbringing, play experiences, education, orthe magic of an unsupervised walk in the forest, much as theymight try.

The consequences of this are many and profound, as noted byUNICEF and all the other agencies above, and also, forinstance, by personal injury barrister Jerome Mayhew when hespeculated as follows:

“Teenagers have been displaced from the managedenvironment of the playground to the wholly-unmanagedenvironment of the street, the railway, or the shopping mal… is the rise in teenage antisocial behaviour a bizarre sideeffect of the health and safety standardisation process?”

(Safety and Health Practitioner, December 2007)

Such connections are of course hard to prove, but nor can orshould they be casually dismissed. We should be far more watchfuland critical of the impact of legislation and standards upon ourlives, lest we inadvertently destroy those things we most value.

Find out more at http://www.mdx.ac.uk/risk/index.htm

Play Wales says:We are calling for the creationof new legislation that willmean a positive outcome forchildren and their play, andconsequently their resilienceand robustness.

The Health and Safety at WorkAct (1974) was not originallyintended to cover chlldren’splay and is not fit for purpose.There are those who wouldargue that the Act is adequate– it is simply a matter of theway in which it is interpreted.However, it is clear that the Actis open to a variety ofinterpretations where children’splay is concerned – and thatsome of them are detrimentalto children’s healthydevelopment. Theseinterpretations lead people toassume that they must takemeasures that stamp outsimple pleasures. Legislationmust be created so that whenjudging activities andenvironments for children thelikelihood of harm is judgedagainst the likelihood of benefitto the child.

We are not saying that we wantchildren to be harmed – wesimply call for the applicationof a common sense approachthat supports children’s playand those providing for it.

We have already begun acampaign and have started tolobby decision makers. If youwould like to add your name toa list of supporters please [email protected]

Play for Wales Issue 23 WINTER 2007PLAYING OUT

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As part of our work to support the deliveryof the BIG Lottery Child’s Play programme,we held a seminar, ‘Introducing andProviding Risk in Play’ in October.

The seminar brought together play planners, health andsafety officers and play provision inspectors - a UK first.

The aim was to address concerns regarding the provision of riskwithin play environments in order to ensure that bids for round twoof the Child’s Play Programme were able to respond to the BIGLottery Guidance Notes. The Guidance Notes make clearreference to the Welsh Assembly Government Play Policy andPlay Policy Implementation Plan, both of which address the needto provide children with play opportunities where they canexperience challenge and uncertainty.

Over 100 delegates used the seminar as an opportunity to opendialogue and to continue to contribute to a clear rationale forproviding risk within play; most of them agreed that children needand want to experience risk as part of their play. Many seminardelegates called for a common sense approach andwelcomed the planned guidance expected from WelshAssembly Government with regards to quality and a publicbenchmark for balancing risk in play.

Delegates agreed that children learn about emotional andphysical risk through their play: through their play and risk-taking,children become resilient. Children need resilience because ourworld is not warm and fuzzy like cotton wool, it is raw, sharp, nasty,funny and stimulating, it knocks us out of shape and bends usbackwards, it gives us bumps and bruises and grazes.

The seminar called for a more creative way of consideringprocedures and practices in planning, risk assessing andinspecting play provision. This is vital if we are to meetthe demands and the strategic focus of the BIGLottery Child's Play programme.

Better a broken bone…Play Wales used the event to launch a T-shirt,that carries the slogan, ‘better a broken bonethan a broken spirit,’ inspired by Lady Allen of Hurtwood, alandscape architect and educationalist who pioneered the earlyadventure playground movement in post-war Britain. Whenasked by over-zealous insurers to defendthe likelihood of accidentswhich might occur whenchildren were allowedto take risks, she said,"it is better to risk abroken leg than abroken spirit. A leg canalways mend.

A spirit may not." We are not advocating that people supportthe breaking of legs; the slogan emphasises that theconsequences of not allowing children opportunities tomanage risk and uncertainty may be worse than the risk ofthem injuring themselves.

If you would like to buy a campaign t-shirt pleasegot to www.playwales.org.uk or ring Kate at ournational office (029 2048 6050).

Risk in Play Seminar

Play for Wales Issue 23 WINTER 2007PLAYING OUT

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Often disabled children miss out on someof the simple pleasures that other childrenmight be given the opportunity to enjoy.

Jo Jones, Vale of Glamorgan Play Development Officer, passedon this letter and we had to share it. It’s from Lizzie’s mother:

BackgroundLizzie (11 years old) has severe learning, mobility andcommunication difficulties; she attended a pilot play project runin the Vale of Glamorgan last summer. The project employed anurse and care staff to support children and young people withcomplex medical needs.

On a rainy day a large number of children were playing outsideenjoying themselves. When one of the care staff was asked ifthey could change Lizzie as she was wet their reply was “I’m notsurprised, you have allowed her to get soaking wet – itsridiculous!”. After speaking with Lizzie’s mother at the end of theday, Jo received this letter:

Dear Jo… How pleased I was to hear Lizzie had beenallowed time to play in the rain; water play is herfavourite.

Your team have known us for many years and Iknow if I request Lizzie to stay dry and indoors forhealth reasons, you will do your utmost to ensurethis. I also know that with the information andknowledge you have of Lizzie, if I make no suchrequest, you and your team are able to make aninformed decision on the suitability of activities sheparticipates in, including playing in the rain. On suchwarm days, I have always encouraged my childrento enjoy the experience of being in the rain.

… I trust you will continue to give her opportunitiesto experience the things she enjoys most, includingplaying in the rain where, in the judgement of yourstaff, it is appropriate.

‘Sensible health and safety is aboutmanaging risks, not eliminating themall. HSE is not in the business ofstamping out simple pleasureswherever they appear and at whatevercost. We recognise the benefits tochildren's development of play, whichnecessarily involves some risk, and thisshouldn't be sacrificed in the pursuit ofthe unachievable goal of absolutesafety.’

Health and Safety Executive, 2005

Gauging risk is a personal business - everychild has his or her own capacities – so asplay providers we need to take a flexibleand sensitive, sensible approach in orderto provide for all children’s needs. Forinstance, some children find the thoughtof walking along the top of a high wallmakes them anxious, while others areconfident and find it physically easy -some children see risk in saying hello tosomeone new, or getting their clothes wet.

One child’s idea of something risky isanother one’s idea of being wrapped incotton wool. Generally children arecompetent at judging their owncapacities and capabilities; they pushthemselves a little at a time because theydon't wish to harm themselves.

As play providers we cannot guaranteeabsolute safety when children are in ourcare but we can gradually introduce anelement of the uncertain, the challengingand the thrilling so that we are fully providingfor children’s developmental needs.

“When we were between six and tenwe went to the woods on our own. Webuilt dens, explored, had adventuresand played in the river. We made fires(usually no adults knew about this, butwe still did it). Best of all we climbedhigh in the trees and spent time upthere talking and looking-out. Wemade swings, some that were rubbishand just bashed us in to the tree, and

some of which were amazing, sendingus high out over steep woodland floorwhich fell away from us the further outwe dared swing.”Ben, 32

Today we talk about providingcompensatory play opportunities forchildren - to replace the ones we adultsonce found naturally. Our focus on risk isnot about promoting risk at all cost or aboutturning all play provision into an adrenalinjunky’s paradise; it’s a focus that seeks todevelop an understanding of the vital roleof the new, the exciting, the uncertain andthe unpredictable in children’s play. Anagenda that champions children’s right toclimb trees, make swings, ride bikes, roller-skate, build dens, get to grips with tools, fallout, fall down, fight and make friends. It is anagenda that celebrates the simplepleasures and achievements of childhood.

Find an expanded version of this articleon our website at www.playwales.org.uk

Inclusive Play and Risk

When we talk about providing risk in play provision we are not talking about forcing allchildren to light fires or to swing from high branches, we are talking about providing forchildren’s need to test themselves and supporting their wish for adventure – giving themopportunities to respond to the new, the unexpected or the uncertain.

Simple Pleasures

Play for Wales Issue 23 WINTER 2007WORKFORCE DEVELOPMENT

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What? A camping residential for 25playworkers involved in adventureplayground work

When?September 2007

Where? A sprawling country estate nestled inthe Brecon Hills.

Adventure Playworkers

‘Get Together’

Play Wales’ Martin King Sheard ‘sparked’ some ideas with a fire workshopand in the evening there was live music and playwork stories around the fire.


15

The focus of the two days wassupporting playworkers providing playwith the elements and structure building,and the structures that were built havebeen left for visiting children.

Ben Tawil, development officer and event organiser, reflectedon a great couple of days:

“New and experienced playworkers spent time reflectingwith one another and remembered they weren’t working inisolation; there were others out there who shared theiraspirations for children - they were part of a greater whole… As I dozed off after a hard days work I was lullabied byan orchestra of snores from each tent. I don’t know whichwas worse, them or the sheep!”

Thanks to Nick and Ellen of Play Supply who kept us topped upwith hot food and drinks, and to Gwion and Jamie withoutwhom the tree house would never have been in a fit state forchildren visiting in the future. Also special thanks to JulianGibson Watt for providing land, shelter and trees and BenGreenaway and Colin Powell for their help in planning andsupporting the event. Everybody enjoyed the event.

If you are a playworker involved in adventure playgroundwork and would like to come along to future events pleaseemail [email protected]

By the end of the first day a tree house started to take shape.


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Ali Wood, an assessment and trainingconsultant, who is helping us to developthe P3 (Playwork: Principles into Practice)course, gives an update on our progressin turning it into a recognisedqualification.

Several hundred people have now undertaken the pilotLevel 2 Award training and quite a few of those have

gone on to complete the pilot Level 2 Certificate, sothere have been plenty of queries about progress on P3.What’s happening about getting these qualificationsaccredited? What about the rest of level 2 and 3?“Progress seems awfully slow” someone recently said.

It can seem like that out in the field, but actually we havebeen working really hard; it is complicated trying to get abrand new (and innovative) qualification accredited andwe need to be thorough. The course must be, a) endorsedby SkillsActive (the sector skills council for playwork), b) takenon by a recognised awarding body, and c) approved bythe regulatory qualification authority. Each of these threelong processes is complex and entails: reformattinglearning outcomes and assessment criteria to fitrequirements; mapping the qualification to numerousnational standards; meeting with many people in variousbodies; completing forms and templates; building in qualityassurance - well you did ask! We are really pleased thatafter a great deal of effort and negotiation, one of oursuccesses is that we are now working with the ScottishQualification Authority, the Scottish awarding body, who areas excited as we are about P3 because it’s different,dynamic and effective.

As well as all the administrative and political (with a small‘p’) dealings, we have to ensure the infrastructure is in placeso that passionate and competent playworkers are involvedin both the training and the assessing – this means trainingtrainers and assessors. We have successfully gainedapproval as a City and Guilds assessment centre in order tooffer nationally recognised qualifications in training andassessing. To date, we have recruited and trained a coupleof dozen trainers and several qualified assessors. But weneed lots more.

In January we are starting a Training the Trainers course forplayworkers new to training and starting another round fornew assessors in Spring, so if you are an experiencedplayworker who wants to change the world and getinvolved please get in touch – this is an ideal opportunityfor professional development.

On top of all this, we are completing P3 level 2 anddeveloping P3 at level 3, which involves the huge task ofplanning, writing, piloting, editing, designing and printing,not to mention securing funding. So it might appear tothose of you who are outside the process that thequalifications are being established at a tortoise pace, butthere’s more to successfully reaching the finish line thanmaking an early sprint! As the tortoise said to the hare,“Slow and steady wins the race.” Rest assured that we areworking hard on behalf of all those who have already setoff on P3 (and for those who have yet to warm up) to makethis a qualification that any playworker will be proud to hold.

To find out more please contact Mel on 029 20486050 [email protected]

Is it better to be atortoise or a hare?

We are offering a nationally recognised City &Guilds qualification for competent playworkerswho would like to become playwork trainers,suitable for people who want an introduction totraining or teaching or those who are seekingprogression in a teaching or training career.

As this is a playwork training course that also equipsparticipants to deliver our P3:Playwork Principles intoPractice courses, we can guarantee it will bechallenging, provocative and highly enjoyable!

To apply for this course, or for more information,please call 029 2048 6050 or [email protected] as soon as possible asplaces are limited.

Level 3 Introduction toDelivering Learning: 7302


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Jane has made her mark in her first weeks inpost; meeting colleagues within the play

sector in Wales and making links with thetraining centres in England and with theplaywork sector skills council, SkillsActive.

She has started the ball rolling in the developmentof an interactive web-based learning andinformation centre that will meet the needs oflearners and trainers and that will be accessedacross Wales from the smallest rural community tothe largest city. Other plans include research intothe size, whereabouts, funding and quality ofexisting playwork training in Wales as well as thefuture training needs of the playwork sector. TheCentre will set up a database of information onthe courses being delivered in Wales so thatpotential learners, as well as employers, will beable to find out where they can access training forplayworkers. Jane will also oversee thedevelopment of a strategy to support continualprofessional development for playworkers.

The work of Playwork Wales will be overseen anddriven by a consortium of playworkers, employers,trainers, national organisations, and local authorityand voluntary sector representatives.

If you would like to know more about PlayworkWales please contact Mel Welch at Play Walesnational office – 029 2048 6050 [email protected]

Jane HawkshawJane has been involved in playwork and youthworksince 1988 including working for the British Forces inHong Kong developing play provision and in Walesas a Training Development Officer for Youth Cymru.Her most recent role was delivering City and Guilds7302 Introduction to Teaching for the Wales YouthAgency.

In her spare time she enjoys travelling with her familyall over Wales in her campervan.

Jane says “I look forward to some exciting andchallenging times in this post and working with you”.

To contact Jane email [email protected] orphone 029 2048 6050.

Playwork WalesWe are pleased to announce that the new Centre forTraining and Education for Playwork is to be calledPlaywork Wales. We can also welcome its newmanager, Jane Hawkshaw, who will direct thedevelopment of the Centre, with the expectation thatit will be fully functioning within the next three years.

Play for Wales Issue 23 WINTER 2007FUNDING AND EVENTS

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Events5 March 2008 Out2Play – SkillsActive Annual PlayworkConferenceLords Cricket Ground, Londonwww.skillsactive.com/resources/events/out2play

14 - 15 May 2008 Spirit of Adventure Play Holiday Inn, Cardiff www.playwales.org.uk

20 May 2008 "Places to Go?" Place shaping and sustainabletransport for an accessible, childfriendly public realmQueen Elizabeth II Conference Centre, Westminster,LondonEarly expressions of interest can be emailed [email protected]

3 - 5 November 2008 Child in the City – 4th European ConferenceRotterdam Call for paperswww.europoint.eu/events?childinthecity

Funding• BIG – Make it HappenThe Young People’s Fund distributes grants of £500 to£5,000 for activities and projects working with youngpeople aged 10 to 19. The closing date for applicationsis 31 January 2008.www.biglotteryfund.org.uk

‘No Fear –Growing up in a risk averse society’

November saw the publication of a newbook by Tim Gill, writer and researcher onchildren’s issues. We asked Mike Barclay,Play Development Officer for Wrexham totell us what he thought:

Firstly, I rarely feel like reading around thesubject I have been working on all day - it’sa bit like having an all-day barbeque thengoing home to find the only thing in the

fridge is sausages! However, I jumped at the chance to reviewthis book, not only because of the implications for playwork butalso the impact risk aversion has on childhood as a whole.

At times the book made me feel angry and frustrated aboutthe environment we now live in – one of extreme reactions torare incidents. At other times I felt quite hopeful that we stillhave opportunity to change opinions and practices and thatthe playwork sector can make a considerable contribution.Most importantly I finished the book feeling inspired about waysin which I might be able to affect change through my work.

In my case and most of yours (I would hope) Tim is preachingto the converted, but this book helped to confirm what Ialready suspected, it increased my knowledge of the subjectand will therefore support my arguments for providing risk inplay. This book is written at a level that is accessible to a widerange of people. I think we are in a time when more peopleare becoming more realistic about the risks that childrenshould experience and this book has the potential to convincethese people to reassess their way of working.

I’m not saying that Tim’s arguments are revolutionary orinnovative; this book takes all the pro-risk opinions, balancesthem with real life incidents and statistics, and then forms avery clear and concise argument for allowing children to havesome responsibility for their own well-being. It even goes so faras to explain that sometimes supposed safety measuresactually lead to more dangerous situations.

This is a brave and well thought out book. Tim doesn’t shyaway from recognising that tragic accidents occur that causegreat pain for the families involved, but society needs to keepits perspective and not introduce extreme measures for rareoccurrences because the results are detrimental to themajority of children not just individuals.

Finally I suppose the real mark of a good book is when you findyourself name dropping it in conversation, and since readingthis I have quoted Tim on at least three separate occasions.

‘No Fear’ joins the increasingly vigorous debate about the roleand nature of childhood in the UK. Over the past 30 yearsactivities that previous generations of children enjoyed withouta second thought have been labelled as troubling ordangerous, and the adults who permit them branded asirresponsible. ‘No Fear’ argues that childhood is beingundermined by the growth of risk aversion and its intrusion intoevery aspect of children’s lives’.

The book and summary can be downloaded free fromwww.gulbenkian.org.uk Copies of the book can be ordered(£8.50 + p & p) at www.centralbooks.co.uk (ISBN 978 1 903080 08 5)

Play for Wales issue 23

Documents

Transcript of Play for Wales issue 23