Legal Questions

A leading headmaster has spoke out against the compensation culture and said that children should be allowed to take risks or they would become more likely to hurt themselves. The headmaster, Mr Hughes-DÂ’AethÂ’s, logic is that the rise in compensation claims in this country has lead to an even bigger rise in a health and safety culture.

This health and safety culture stifles the common sense abilities of children, as they are not required to apply any. In his mind health and safety should not be used to the extent that it replaces judgement and personal responsibility. In a speech made at the Independent Schools Council annual conference Mr Hughes-DÂ’Aeth said that children did not have the opportunity to work out what are the dangers around them.

Though it would seem that over time as people have become more aware of their right for compensation for accidents which are not their fault, more and more rules and regulations have been put into place to ensure that people are protected from themselves. Using the example of drowning Mr Hughes-DÂ’Aerth said that it is much better to actually teach children how to swim rather than put up large signs warning them to stay away from the water. It would seem that no matter how signs and warnings are made accidents will still happen and therefore it is important to equip young people with the ability to look after themselves.

However important it might be to encourage children to use their common sense, will it stop the compensation claims if accidents do happen? The director of claims at Norwich Union said that more and more parents were making claims against schools for playground accidents. One such claim was made when the roof of a Wendy house collapsed onto a child. In this situation schools need to do all they can to protect the children from even the slightest bump or knock. Previous generations did not live in such a world, but times have changed with claims being made for the slightest of accidents. It is estimated that compensation claims against state schools cost them around two hundred million pounds a year which is the equivalent of paying for eight thousand teachers. But it is not just state schools that are experiencing an increase in claims, private schools have also reported that they have to handle more claims for personal injury compensation than previously. It doesnÂ’t seem like there is any tolerance of accidents or incidents that may occur when a child is in someone elseÂ’s care regardless of how minor. Compensation claims today are being made for the smallest of injuries which will have few or no repercussions later on in life.

It would seem that there is a conflict between wanting to encourage children to fend for themselves and protecting against compensation claims. There does not seem to be an easy solution because we have now reached a stage whereby people are aware of their rights to make compensation claims. Until this changes, the conundrum will remain.

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