Explain the dilemma between the rights and choices of childrenand young people and health and safety requirements.One of the positive aspects of the development of children who are allowed to

explore their world and take some small risks accordingly is that they can become

more confident generally, because they have been allowed a small amount of

independence in this way.

Not only does their confidence grow; they also become more aware of risks when

they are allowed to evaluate things for themselves, and this makes them safer and

more aware of danger.

It can be very tempting to talk about 'common sense' when it comes to health and

safety; we have already mentioned this phrase several times in this unit. However,

common sense is something that is stimulated in people through experience. Those

who have less worldly experience tend to have less common sense. Children

deserve to be given the opportunity to manage very small risks of their own while

they are in a reasonably safe environment, so that they become better equipped

later to deal with bigger risks and dangers.

Rights of children.

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The rights of the child

Although the UNCRC has established an international standard of the rights of the

child, it does not state directly that children have the right to take risks. However,

Article 3 refers to the best interests of the child. To entirely prevent a child from

experiencing risk and the ways in which risk should be thought about, is not in the

best interests of the child because that can restrict their development in their

understanding of risk and danger.

Article 12 refers to respect for the views of the child. This means that, taking into

account the maturity of the child, their views should be listened to, and should be

discussed. Discussing risk and danger, and talking with them directly about it can

lead to them understanding it better. Preventing them from even knowing about a

risk, or stopping them from carrying out an activity, without explaining to them the

reasons behind it and seeing if they have a view on it, technically contravenes this

right.

In social care, adults are considered to have the right to take risks if they wish. This

doesn't mean that they should take excessive risks, but that they have the right to a

full and nuanced life, and it acknowledges that risk is an inevitable part of that kind of

life. In the same sort of way, children have the right to become fully developed, and

that will involve a certain amount of risk because their sense of danger will not

develop unless they are given opportunities to use it.

Health and safety requirements

Unfortunately, health and safety rules require hazards to be identified, risks to be

properly considered, and control measures to be put in place that adequately

mitigate those risks. Clearly, this is a good thing in many circumstances, but if an

adult always does all of these things on behalf of the children under their care, it

means that those young people will be deprived of that particular area of

development. This applies at both school and home.

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