3.2. Explain the dilemma between the rights and choices of children and young people and health and safety requirements

This guide will help you answer 3.2. Explain the dilemma between the rights and choices of children and young people and health and safety requirements.

When working with children and young people, finding a balance between their rights and choices and health and safety requirements can be challenging. It is important to give children and young people the freedom to make decisions while ensuring they are safe and supported.

What are Rights and Choices?

Children and young people, like all individuals, have rights. The United Nations Convention on the Rights of the Child (UNCRC) highlights these rights, including:

• The right to express their views and opinions (Article 12)
• The right to play, relax, and engage in leisure activities (Article 31)
• The right to be protected from harm (Article 19)

These rights ensure that children and young people’s voices are heard and respected. Alongside this, choices help them learn independence, build confidence, and develop decision-making skills. For example, a child might choose what activity they want to do during free time or whether they want to participate in group play.

Health and Safety Requirements

Health and safety requirements exist to protect children, young people, staff, and the wider community. They are governed by laws such as:

• The Health and Safety at Work Act 1974
• The Management of Health and Safety at Work Regulations 1999

Organisations must conduct risk assessments and create policies that promote a safe environment. This includes assessing hazards in settings like playgrounds, classrooms, and during activities such as outings or physical exercise. For example, ensuring that climbing equipment is safe and regularly inspected protects children from harm.

While these laws are crucial, they sometimes create challenges in offering children and young people the freedom to explore their environment or make independent choices. This is at the heart of the dilemma.

Recognising the Dilemma

The dilemma arises because rights and choices are not always compatible with health and safety rules. Children might want to take risks as they learn and grow, but this could conflict with guidelines designed to keep them secure. Professionals must decide where to set boundaries without discouraging exploration or independence.

Examples of such situations include:

• A child playing outdoors may choose to climb a tree, but the risk of falling could lead to injury.
• A teenager might want to participate in adventurous sports like rock climbing, but health and safety policies may require extensive supervision or equipment.
• A young child might want to go barefoot in a playground because it feels more comfortable, but this could expose them to hazards like sharp objects.

Striking the Balance

Balancing these conflicting needs requires a thoughtful approach. Professionals should assess each situation carefully, considering both the benefits of allowing choice and the potential risks. This may involve:

• Carrying out thorough risk assessments and ensuring risks are managed rather than completely avoided.
• Encouraging children and young people to understand risks and consequences in age-appropriate ways.
• Respecting individual choices while being clear about limits where safety must take precedence.

Let’s examine practical ways to achieve this balance.

Risk Management Strategies

Risk management helps create environments where children can explore freely while staying safe. It often includes:

• Dynamic risk assessments: Professionals assess risks in real-time as situations unfold. For example, if children are playing with water outdoors, staff might observe and decide if the activity is safe or needs adjustments (e.g., less water, closer supervision).
• Providing safe challenges: Offering structured opportunities to take risks within a controlled environment. For example, using soft-play equipment to encourage climbing and jumping in a safe way.
• Developing risk awareness: Teaching children to identify and manage risks on their own. For instance, explaining why they need to hold onto equipment when climbing teaches them safety skills for future activities.

In all cases, decisions should be informed by knowledge of individual abilities, maturity, and understanding.

Supporting Inclusion and Independence

It is critical to allow children to make choices while ensuring routines or rules do not unfairly restrict them. This is especially true for children with disabilities or additional needs, whose choices may sometimes be overlooked due to assumptions about their safety.

Practices to support inclusion include:

• Adapting activities or equipment so that every child can participate. For example, providing harnesses or specially designed swings for children with limited mobility.
• Consult children about their needs and wishes. For example, a child with autism may prefer quiet spaces and should be given the choice of joining group activities if they feel comfortable.

By listening to children’s views and providing adapted environments, professionals can demonstrate respect for their rights without ignoring safety needs.

Encouraging Responsibility

Helping children and young people understand the impact of their choices is another way to reduce conflict. Simple strategies include:

• Age-appropriate discussions: Explain why certain rules exist, such as wearing helmets when cycling or staying seated on swings. This helps children see the value of taking precautions.
• Modelling safe behaviour: Showing how to act responsibly can inspire children to do the same. For example, adults tying shoelaces securely before running can encourage children to copy.
• Involving children in decision-making: Letting them contribute to safety policies for their settings can make the rules feel fair and relevant. For instance, older children might help create safety posters for the playground.

These measures shift the emphasis from imposing rules to empowering children to take responsibility for their wellbeing.

Examples of Professional Practice

Here are some real-life examples of how practitioners can balance this dilemma:

• Outdoor play: Allow children to explore natural elements like mud, trees, or water, but set guidelines about behaviour (e.g., no running near slippery surfaces) and monitor their actions closely.
• School trips: Providing supervision ratios required by law while also encouraging children to navigate museum exhibits, zoos, or parks independently in small groups.
• Physical education (PE): Giving choices about activities in PE while checking that all equipment is in good condition and ensuring first aid is available.
• Technology use: Allowing teenagers to use the internet for learning or socialising but implementing safeguards like parental controls to protect them from inappropriate content.

Legislation and Guidance Support

Several frameworks help guide this process while respecting rights and protecting safety:

EYFS Framework (Statutory Framework for the Early Years Foundation Stage): Promotes providing children opportunities to explore and take risks through play, as long as risks are managed effectively.

Every Child Matters Agenda 2003: Encourages creating environments where children can enjoy learning and leisure safely.

The Children Act 1989 and 2004: Ensures the welfare of children is paramount while highlighting the need to take their wishes into account.

Professional training often incorporates these principles to ensure good practice.

Conclusion

Respecting children and young people’s rights and choices while meeting health and safety requirements is an ongoing challenge. It requires professionals to think carefully, plan effectively, and adapt approaches to different situations. By managing risks, promoting responsibility, and fostering inclusion, we can allow children to explore, learn, and grow without unnecessary restrictions. Clear communication, supported by legal guidelines and organisational policies, is key.