Are schools running scared?

School sports day, one of the traditional highlights of the education calendar, is under threat from Britain's growing claims culture.

Schools across the country are ditching traditional events such as the wheelbarrow or three-legged race and banning parents' races in an attempt to ward off legal action.

Some headteachers have warned that the growing risk of parents or children suing for injuries will soon lead to the complete demise of school sports day.

Political correctness had also taken its toll.

Races which could put pupils at unnecessary risk, such as the wheelbarrow race, which places high levels of pressure on pupils' wrists and backs, have been replaced with so-called "non-competitive" events in an attempt to reduce injuries and foster greater team-work and humility between pupils.

Instead of leaping down the length of the playing field in a sack, pupils are now more likely to take part in team relays or cumulative point-scoring events, which are designed to recognise the abilities of every pupil involved, not just the winners.

On Thursday, June 20, up to 28 St Albans district primary schools will compete in a series of events at Westminster Lodge running track in Holywell Hill, St Albans.

These events are conventional track and field rather than novelty races.

Mr Ryan Young works for Golf and Track in association with Westminster Lodge to help organise the events for schoolchildren.

He said: "Obviously when children are involved in activities there has to be a code of practice.

"That is why we stick to strict guidelines which are laid down for us by the Triple 'A' athletics association.

"Risk assessors evaluate the safest ways to conduct events involving running and throwing and we are obligated to follow them or we would lose our licence to hold events.

"In the time I have been arranging sport for kids we have never had a serious incident."

Few insurance companies or local authorities keep figures on the number of small claims costing below £100,000 but it appears that teachers have been frightened by a few high-profile cases.

There is a growing body of anecdotal evidence suggesting that schools are increasingly reluctant to put their staff at risk, raising doubts about the future of extra-curricular school sports clubs, which are often staffed by non-specialist teachers.

One teacher faced legal action after a pupil in her care fell and broke her leg while carrying ski equipment from the locker room to the slopes, while another faced action from a former pupil almost a decade after the original hockey injury took place.

Hertfordshire County Council PE adviser Doug Folan said:"Sporting activities form a very important, compulsory part of the school curriculum.

"The children, schools and families department wants all Hertfordshire children to access a wide range of sports to help them to develop their phsyical abilities and teamwork skills."

All schools sports are risk assessed and Hertfordshire schools have excellent sports safety records, which reflects the high quality of teaching and supervision.

He adddded: "School sports days are still very popular in the county, although we are aware of the phasing out of competitive sporting events for parents, who can occasionally over-estimate their sporting prowess."

In 1996, a judge found a teacher employed as a rugby referee liable for the devastating injuries sustained by a schoolboy when a scrum collapsed, illustrating the risks teachers face when they are given overall responsibility for a sports match.

Mr Simon Gardiner, director of Anglia Polytechnic University's sports law centre, said a lack of records made it "virtually impossible" to measure the number of successful litigation cases against schools.

But he said anecdotal evidence suggested there was a general rise in the number of parents and pupils taking taking their schools to court.

He pointed out that many US high schools have now banned javelin throwing and pole vaulting because of the risks associated with the sports.

"There is a balance between allowing people to be involved in an activity and trying to restrict it because of the potential dangers," he said.

"You could argue that schools are banning games as a potential risk management strategy because there are inherent dangers. But I am sure it is not as well thought through as that and is a bit of an over-reaction."

It was a point echoed by Ms Julia Lake, a spokesman for Claims Direct, who insisted there was no real need for them to drop traditional races because of litigation fears.

She said: "It is very unlikely indeed that there would be a case brought against a school, unless those responsible for the grounds and equipment have been massively negligent.

"People are panicking and overreacting because of what they read in the newspapers."

Associations representing sports teachers have noticed a steady increase in the number of inquiries from PE staff who have either been threatened or are worried by the threat of legal action.

Mr John Matthews, chief executive of the UK Physical Education Association, actively encourages PE teachers to ensure their qualifications and insurance policies are up to scratch, although many will already be covered by their local education authority or their union membership.

He said: "The vast majority of PE teachers are very safety conscious as it is part of our training, but the situation is now highlighted by the fact that so many more parents are willing to claim.

"We can't let it get to the stage when we ban tiddlywinks because of a fear of repetitive strain injury.

"But one can perceive a situation where teachers will look at the curriculum and will say 'we had better not do that just in case' when we all know that accidents do happen."

Mr Matthews tries to ease the fears of teachers.

He said: "If a teacher rings me up with a worry about a threat of action, I always ask them if they asked the pupil to do anything more than a parent would have asked the child to do."

The answer, he added, is usually in the negative.

Yet some experts have welcomed the shift away from the traditional sports day format as an overdue release from a set of games that have been "deemed to be enjoyable" by history.

Mr Peter Whitlam, general secretary of the British Association of Advisers and Lecturers in PE, said that many races are unsuitable for primary-age children and could easily lead to injury.

"Sports days are competitive and so they should be enjoyable, but the events have to be appropriate to the age, relative strength and size of the pupils.

"If you are going to do the wheelbarrow race properly then you need to be able to hold the person much higher up their thighs, and few pupils will have the strength or technique to be able to do that," he added.

Changing the format will also reduce the mass hysteria that usually accompanies school sport events, Mr Whitlam said.

"The pupils are trying to do things under pressure and at speed. It is forseeable that a competitiveactivity could lead to accidents or minor injuries."

Out-of-shape parents who insist on taking part in races are an additional burden for schools to be responsible for on sports days, he added.

Instead of attempting to sue teachers if an accident occurs on the playing field, parents should be applauding staff for their attempts to take greater responsibility for their children's welfare during the school day, Mr Whitlam said.

"Not many parents have to look after more than 30 children at one time.

"Teachers today are more aware than ever that the activities which have been historically deemed to be enjoyable are in fact leading to injury, and as a result, they are asking whether or not they should be continued."

But Mr Whitlam added: "Sports days are an important part of school life and we want to see them carry on.

"Getting the balance right between safety and competition is the PE teacher's job and I think they do it very well. "

June 17, 2002 14:30