Introduction
Information on the following topics is provided:
These web pages are aimed at education employers who have disabled students and students with special educational needs (SEN) or additional support needs (ASN) - ranging from minor impairments through to more severe conditions. Employers may include local authorities, school governing bodies, principals and head teachers. These pages are also relevant to employees, students, carers, and parents.
The term 'student' includes all learners in early years, primary and secondary education. The guidance may also be relevant to students in the continuing and further education sector as appropriate. The webpages deal with:
- Students with a disability with SEN/ASN
- Students with a disability who do not have SEN/ASN
- Students who do not have a physical disability, but have SEN/ASN to address behaviour problems
Around 75% of disabled pupils have SEN/ASN - covering a very wide range of impairments. However, most disabled and most SEN/ASN students will not need any additional health and safety considerations.
The pages concern those students that do. In particular, they cover the interaction between four overlapping but different aspects – health and safety law, SEN education law, equality law and meeting health and social care needs in an educational setting.
Information is provided to help employers:
- comply with their duties under the Health and Safety at Work etc Act 1974 (HSW Act), and associated regulations (including risk assessment and safe moving and handling), and help in their decision-making, and to
- understand the links with other legal responsibilities such as the Equality Act 2010 and Human Rights legislation.
Employers should not start from the assumption that all students with disabilities present a health and safety risk. A sensible approach to health and safety will help all parties work together to find solutions that enable access to educational opportunities.
Legal requirements
The Health and Safety at Work etc Act 1974 (HSW Act) requires education employers to ensure the health and safety of their employees and non-employees - including any students with disabilities and/or students with SEN/ASN. This has to be balanced with the Equality Act in a way that ensures the rights of each group are maintained. Getting this balance right means employees and students are not exposed to an unacceptable level of risk, in a way that is consistent with employers' duties concerning students under the Equality Act; and all without placing any unreasonable restrictions on students' rights.
A sensible, proportionate risk management approach should help enable all students in mainstream education to have the same opportunities. Working together with all concerned – workers, students and carers, it may involve making reasonable adjustments. The risks to health and safety to workers and students need to be reduced so far as is reasonably practicable. This does not mean removing all risk: It means following the guidance, good communication between all parties involved and providing sensible pragmatic precautions.
What do educational employers need to do?
Summary checklist
- Adopt a risk management approach that focuses attention on the real risks
- Educational employers should ask for information on students in advance; Wherever possible identify the needs of individual students, before they attend the educational establishment
- Involve the employees, students and carers in identifying the 'individuals need' and precautions
- Do not introduce a blanket policy – for example a 'no lifting policy' eliminates some handling risks, but totally ignores the needs and rights of the student.
Guiding principles
- There should be a balance between the health and safety considerations of employees and individual students' rights
- Enable rather than prohibit – look for solutions to enable educational opportunities
- Health and safety of employees should be sustained, but it is not an excuse for denying disabled students and/or students with SEN/ASN access to educational opportunities
- Effective management of health and safety considerations for disabled students and/or students with SEN/ASN should help to provide them with the same opportunities as other students in mainstream education
- The sensible pragmatic risk management approach should start as early as possible
- Many of the reasonable adjustments under the Equality Act are readily available – in practice many should already be in place
- Include systems for ongoing review – a student's needs will often change over time.
Understanding the risks
How does risk assessment apply?
Assessing the risks when teaching students with disability or SEN/ASN is about identifying the action necessary to manage the risks to staff, students and others – most schools assess the health and safety risks at the same time as agreeing student educational needs and plans. Most disabled students or students with SEN/ASN will not need additional health and safety considerations.
Where an individual's disability or SEN/ASN creates specific health and safety risk(s) to employees and/or disabled students, these should be treated on an individual case-by-case basis. They should not result in blanket policies that place restrictions on all disabled students, or automatically assume that disabled students are a greater risk. Where additional health and safety considerations are essential, these should not place unreasonable restrictions on the student's rights. The anticipatory nature of the reasonable adjustment duty in the Equality Act should mean that certain adjustments should already be in place or available.
Key health and safety risk factors
Typical activities to consider:
- moving and handling of students with physical disabilities
- working with students unable to recognise everyday hazards, communicate distress, or move around independently
- use of mechanical aids and equipment
- using therapy and ball pools
- administering medical treatment
- minimising the risk of infection
- management of difficult behaviour and the use of restraint eg students who potentially are a danger to themselves, other students and employees
- lone working
- transport issues
- access to social activities.
Find out more
Further guidance on risk assessment and the necessary steps to take.
Case Studies
Example case studies are provided to illustrate considerations to be taken into account when completing assessments involving students with SEN/ASN.
Moving and handling
Some generic risk factors and control measures for mobility assistance
| Risk factor | Activity | Control measures |
|---|---|---|
| Moving and handling students | Transferring student between equipment:
|
Use slide sheets, banana boards, hoists, turntables and chairs with removable side arms and/or toilet risers. Always refer to individual care plan to ensure correct equipment and moves are used. Use inflatable cushion to bring student to more suitable height to move. In a confined space, eg a toilet cubicle, consider use of slide sheet to move student to position where cushion can be used. |
| Moving and handling objects | Moving equipment, furniture. | Plan the move to ensure adequate space, equipment and personnel. Use trolleys or other handling aids or hoists wherever possible to move items. Use information on loading to inform the risk assessment. |
| Posture of employees | Leaning/stooping over desks/tables. Small equipment eg chairs. Holding student during treatment. |
Use ergonomically assessed workstations. Sit wherever possible rather than stoop. Employees to use adult chairs wherever possible. Wherever possible adopt best, most comfortable posture before starting procedure, try to use equipment to support weight if possible eg use standing frame while treatment administered (rather than the carer providing support). |
| Pushing and pulling | Pushing and pulling wheelchairs and other mobility aids. | Ensure equipment is regularly maintained to ensure wheels run smoothly. Ensure floor surface kept in good order to allow smooth running of wheels. Good housekeeping to avoid obstacles and provide ramps where needed. Avoid steep slopes. |
| Potential or unpredictable behaviour | Moving and handling students who may move suddenly or struggle | Talk to the student; 'unpredictable' behaviour is more likely when students do not understand what is happening to them. Plan the move in advance, refer to the individual care plan, anticipate movement where possible and make sure all equipment is available and ready to use. |
| Environmental issues, space constraints and floor surfaces | All activities. | Good housekeeping to ensure routes kept clear, free from obstructions and slip/trip hazards. Plan activities to ensure easy movement and sufficient space for handling tasks. Ensure refurbishment plans consider moving/handling needs. |
Management of moving and handling
Some disabled students and/or students with SEN/ASN may require specialist moving and handling, treatment or facilities. Teachers and teacher assistants might be called upon to deal with issues they have not had to address before. This is particularly likely when students with severe or complex SEN/ASN are taught in a mainstream setting or 'special' targeted provision. Students may not be able to recognise everyday hazards, communicate distress, or move around independently.
Health and safety legislation does NOT prohibit all moving and handling; rather it requires employers to adopt a risk management approach. Employers need to focus on enabling, rather than prohibiting, student participation.
There are several pieces of legislation relating to musculoskeletal disorders (MSDs), which attach responsibilities to both employers and employees.
Factors to consider in individual moving and handling risk assessments
Activities where moving and handling may be required:
- moving around school/ college
- toileting
- playground or outdoor activities
- travelling on school transport
- activities outside school eg swimming, educational visits
- emergency procedures eg moving from the floor after a fall, fire evacuation.
Student factors:
- ability to communicate
- weight of student
- ability to bear weight
- ability to co-operate and follow instructions
- physical conditions eg spasm, variable muscle tone, impaired eyesight and hearing, and
- behaviour.
Employee factors:
- individual capabilities and conditions that may affect or inhibit moving and handling, including pregnancy
- training needs
- level of competence, and
- number of trained competent staff available.
Environmental factors:
- constraints of space
- poor floors, variations in levels
- poor layout of areas, making moving and handling difficult
- restrictions of movement from clothing, and
- poor lighting.
A note of caution
Sometimes parents and carers develop moving and handling techniques that put them at risk of injury (so called 'controversial moves') – in many cases this is because the benefit to them or the individual student's home life outweighs the risk. This does not mean that schools or staff should adopt the same lifting and carrying techniques in the school – the principles of finding the right balance between risks to staff, the opportunities for the student, and the student's rights apply to lifting and carrying as they do to all other aspects of the student's education. Dialogue and discussion with the student and carer can help produce a positive outcome for all parties.
Moving and handling case studies
Example case studies are provided to illustrate considerations to be taken into account when completing moving and handling assessments involving students with SEN/ASN.
Communication
Involving students and carers
Involving students and carers in the risk assessment process will help identify hazards that might otherwise have been overlooked.
Wherever possible identify the needs of the individual student before they attend the educational establishment. Educational employers should seek to receive information on students in advance.
Health and safety law puts no legal duty on students and their families to cooperate in the risk management process. However, HSE recognises that risk assessments developed in consultation with students or their advocates are likely to be more acceptable and effective. They might prevent a student being treated less favourably or at a substantial disadvantage without justification. So, involve the student and the carer as early as possible.
They can:
- identify hazards that might otherwise have been overlooked eg how they could be moved in the case of an emergency
- have an in-depth knowledge of the student's needs, eg views on what activities they would like to participate in; how they wish to be assisted; what they feel most comfortable with; and
- have considerable experience in moving and assisting.