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.
In supporting teaching and learning, you often face situations where the rights and choices of children and young people must be balanced with rules for health and safety. This is not always straightforward. Children and young people have legal rights to make decisions, express views, and take part in activities that interest them. At the same time, staff have a duty to protect them from harm. This can create a dilemma.
A dilemma happens when two things you value come into conflict. In this case:
- On one side are the rights and wishes of the child or young person.
- On the other side are safety rules and risk reduction requirements.
Both sides have legal and moral weight, so finding the balance can be challenging.
Rights and Choices of Children and Young People
The rights of children and young people are supported by UK law and the United Nations Convention on the Rights of the Child (UNCRC). Key rights include:
- The right to be heard and for views to be taken seriously
- The right to take part in play, leisure, and cultural activities
- The right to education
- The right to freedom of thought and expression
Choices cover areas such as:
- What activities they want to join in
- How they want to express themselves
- What food they want to eat
- Which friends they want to spend time with
Respecting their rights and choices helps them to:
- Develop confidence
- Learn decision-making skills
- Understand consequences
- Build independence
If these rights are ignored, children and young people can feel powerless or undervalued.
Health and Safety Requirements
Health and safety requirements are in place to protect children and young people from harm. They apply to all settings where children are present, such as schools, nurseries, and community centres. Key laws include the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999.
Health and safety duties include:
- Providing a safe physical environment
- Supervising activities at an appropriate level
- Using safe equipment that is well maintained
- Considering risks related to trips, special events, or physical activities
These requirements exist to prevent accidents, injuries, and exposure to danger.
Sources of Conflict Between Rights and Safety
Conflict arises when a child’s right to choose involves a level of risk that health and safety rules limit. Some examples are:
- A child wants to climb a tree in the school playground, but the height could cause injury.
- A young person wants to cook with sharp utensils without supervision, but there is a risk of cuts or burns.
- A child chooses to wear less clothing during cold weather, but staff worry about health risks.
- A young person wishes to take part in a sport with a higher chance of physical injury, such as contact rugby.
In each case, the adult must decide how to support the choice without ignoring safety duties.
Balancing the Two Duties
Balancing rights and safety calls for a measured approach. Neither should be ignored. The aim is to allow children and young people to experience manageable risks that support learning, while reducing the chance of serious harm.
Steps to balance both include:
- Identifying the risks involved in the choice or activity
- Considering the child’s age, maturity, and ability to understand the risk
- Reducing risks through supervision, protective equipment, or clear rules
- Explaining to the child why some limits are in place
- Offering a safer alternative that still respects the child’s interests
This approach helps children learn about responsibility while staying safe.
Encouraging Risk Awareness
Instead of simply saying no to a risky choice, staff can turn the situation into a learning opportunity. Teaching children and young people how to assess risks builds their judgment skills.
Ways to do this include:
- Talking about what might go wrong in a planned activity
- Discussing how situations can be made safer
- Taking children through a hazard spotting exercise in a familiar space
- Setting agreed rules for safe behaviour
This gives them a sense of ownership and respects their right to be involved in decisions.
Examples in Practice
Playground Activities
A pupil wants to jump from a high climbing frame. Staff talk through the risk of broken bones and set a rule for using the lower bars. The pupil can still play, but safety rules are observed.
Food Choices
A child with a nut allergy chooses a snack containing nuts. Staff explain the health risk and provide a similar snack without nuts. The child still has a choice, but danger is removed.
School Trip Participation
A young person wants to go off alone during a trip to explore. Staff explain that this is unsafe without supervision. They agree on a smaller, managed area where the young person can go with a buddy system for safety.
The Role of Risk Assessments
Risk assessments are a key tool for finding a balance. They look at hazards, who might be harmed, and how to lower the risks. They are not meant to ban activities unless the danger is severe and cannot be reduced.
Points to include in a risk assessment:
- Description of the activity
- Hazards identified
- Who is at risk
- Control measures to reduce harm
- Any special training or equipment needed
Involving children in risk assessments can help them understand why certain measures are in place.
Communication with Children and Young People
Clear and respectful communication is central to handling this dilemma. When children understand the reasons for safety controls, they are more likely to accept them.
Good communication tips:
- Listen to their views without interruption
- Use plain, age-appropriate language
- Explain rules in a calm, clear way
- Explore their ideas and see if adjustments can make them safe
- Avoid making it a strict “yes or no” without discussion
This builds trust and encourages understanding.
Working with Parents and Carers
Parents and carers can support decision making by reinforcing safety advice and respecting children’s rights at home. If an activity is too risky in the school setting, staff can explain this and suggest safe ways the child can pursue that interest out of school with family supervision.
Good practice includes:
- Informing parents about risk assessment outcomes
- Sharing successes where a child was given more responsibility safely
- Seeking parental views if an unusual choice needs discussion
Partnership with parents strengthens consistent messages about rights and safety.
The Role of Policies
Settings have policies that outline how to deal with rights, choices, and health and safety. Policies must reflect legal requirements and good practice. They give staff a reference for making fair decisions.
Policies often cover:
- Supervision levels for different age groups
- Risk assessment processes
- Safeguarding procedures
- Ways to involve children in decision making
Following policies helps staff make consistent, justifiable decisions.
Supporting Independence Safely
One goal of education is to help children and young people become independent. This includes letting them take more responsibility for their activities. Health and safety rules do not mean removing all risks, but guiding them in how to handle risks sensibly.
Ways to do this:
- Give more freedom as skills and maturity develop
- Let them take small controlled risks
- Encourage problem solving when they face choices
- Praise safe and responsible decisions
This prepares them for adult life.
Reflection and Professional Judgement
Staff need to reflect on each situation. No single answer fits all cases. The age, experience, and specific needs of the child will affect the decision. Professional judgement means weighing up the risks and benefits, and explaining the reasoning to everyone involved.
Reflection questions:
- What does the child gain from this choice?
- What is the likelihood of harm?
- Can safety be increased without removing the choice?
- How will this help the child learn independence?
Regular reflection improves decision making over time.
Final Thoughts
The dilemma between the rights and choices of children and young people, and health and safety requirements, is a common part of supporting teaching and learning. It is about finding a workable balance where safety is respected without undermining independence and confidence. Every choice to limit an activity should be guided by clear reasons, and where possible, children should be involved in the thinking process.
By using clear communication, involving children in decision making, applying fair policies, and using thorough risk assessments, you can respect their rights while keeping them safe. The aim is not to shut down their choices, but to guide them toward safe, informed, and responsible decisions that help them grow into capable and confident adults.
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