subject: Activity Holiday Accident Claims [print this page] There are many situations in which a child is placed in the care of people other than his or her parents. Should an accident befall a child in this situation, who has to take responsibility for the childs injuries?
During term-time, many parents allow their children to go on school trips whilst under the car of teachers and staff. During the summer months, many parents elect to enrol their children in summer camps or activity weeks, so that they can continue to work as usual. Unfortunately, accidents can happen and parents are often left wondering who is at fault.
The simple answer is that the responsibility for your childs welfare rests on the shoulders of those who are supervising. Whether they are teachers or camp staff, by agreeing to look after your child they are also agreeing to all the legal responsibilities that come with it. Children of all ages can be inquisitive, careless and even reckless. However, it is up to the carers involved to ensure that there is adequate supervision and that the risks have been properly taken into account. Failure to comply with the strict standards involved in caring for children is a breach of the duty of care that carers embrace when looking after other peoples children.
If you are considering sending your child on a summer camp or a school trip, but are concerned about who is responsible for their safety, then there are some basic things you should make yourself aware of:
All staff should be qualified, trained and CRB checked.
At least one member of the staff should be a fully qualified First Aider.
Any risky activities must be properly assessed and you have the right to see a risk assessment form.
There should be an adequate number of staff to cope with the numbers of children.
If required, specialist or protective clothing should be supplied. If this is not supplied by the school or adventure camp then you must receive enough notice to allow you to buy or borrow some.
If a school or adventure camp fails to observe any of these or the other recommendations surrounding child safety and childcare, they could very easily be in breach of their duty of care. If your child is injured or has an accident or is injured whilst under someone elses care, you have a legal right to seek restitution through the courts. However, the law regarding childrens personal injury claims can be complicated.
by: Nick Jervis
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