Transporting Children

AMENDMENT

In November 2021, this chapter was refreshed throughout in line with local practice.

1. Transport Arrangements - General

For distances in excess of 300 miles, two drivers may be required; if this is the case, drivers may share the driving equally.

The following must be considered:

  1. Completed MIDAS training;
  2. Passenger safety;
  3. Competence of the driver;
  4. Awareness of driver's hours;
  5. Traffic conditions;
  6. Contingency funds and arrangements in case of breakdown/emergency;
  7. Weather conditions;
  8. Journey time and distance;
  9. Stopping off points for long journeys and toilet breaks - 20 minutes every 2 hours;
  10. Appropriate seat belts or restraints must be used and fastened (see end of this section, below, for requirements);
  11. The transport must have a First Aid Kit. Any medical conditions of the child or young person should be appropriately accommodated;
  12. A mobile telephone should be taken/carried by each member of staff;
  13. Any relevant safety plans or risk assessments.

A First Aid Kit and Fire Extinguisher must always be carried on the vehicle.

Where outdoor activities are planned, suitable First Aid Kits should be carried away from the vehicle.

Before setting out, staff must ensure that suitable mechanical checks are undertaken in relation to the vehicle.

Seat Belts/Restraints

See Seat belts: the law.

2. Transporting Children and Young People

  1. Where a risk assessment or safety plan states that a child should be accompanied by 2 staff, this minimum staffing ration child should be observed whilst on any activity;
  2. Children over the age of 12 may be allowed to sit in the front of vehicles if the arrangement is approved by the home's registered manager;
  3. Children and young people may not hold or be responsible for vehicle keys and may not steer cars or use petrol pumps;
  4. All vehicle occupants must wear suitable seat belts or restraints at all times when in vehicles. See also Seat belts: the law;
  5. Children and young people must not have the opportunity to tamper with or use any controls except, at the discretion of the driver, the radio/stereo;
  6. If it is assessed that a child or young person may be distressed whilst in the vehicle, or that they may become distressed to the extent that the safety of the vehicle or occupants may be compromised, the vehicle must be stopped, preferably in a lay-by or suitable stopping place. However, the vehicle may have to be stopped at the side of the road or on the hard shoulder of a motorway. In these circumstances, the hazard warning lights should be activated, the occupants should get out of the vehicle and stand well away from the road, and the emergency services must be summoned;
  7. If the safety of the occupants is compromised, with the risk of injury or damage to property considered to be very high, physical intervention may be employed, or the Police should be called to assist. If children or young people with an assessed history of violent or aggressive behaviours are being transported, staff must ensure the following:
    1. Children and young people must sit in the rear of the vehicle, with each supervised by a minimum of one member of staff;
    2. Staff must be clear when it may be appropriate to use physical intervention, to ensure the safety of staff and children or young people from imminent harm, and what techniques may be appropriate;
    3. Staff must be satisfied that no items, which could be used as weapons or projectiles, are available to the child or young person. These could include tools, aerosols, pens etc.
    4. Where the risk assessment or safety plans specifically allows, and where the rationale is clearly evidenced, it may be necessary to search the child or young person before the activity starts - see: Bedroom Search/Searching Children Procedure;
    5. Care should be taken when getting in and out of vehicles. This is the time when any applied physical intervention will be weakened, and children, young people or staff placed at additional risk by a roadside.
    6. Some thought should be given to actions on arrival at your destination - will more staff be needed? Is a room available? Is it easy to get the car close to the destination, and is it possible to avoid other children or young people becoming involved?
    7. If the potential risks cannot be managed safely, the activity must not go ahead; or must cease.

All vehicles that are used for transporting children and young people must be smoke free. Since October 2015 it has been illegal to smoke in a vehicle carrying someone who is under 18. It is also an offence for a driver not to stop someone smoking in these circumstances.

3. Risk Assessments and Safety Plans

It is not necessary to undertake a separate risk assessment for each activity/trip. Where a range or series of activities may be undertaken (the transporting of children and young people to and from school, a series of supervised family time, the undertaking of routine activities for example), the registered manager may approve a risk assessment or safety plan, and associated arrangements such as staffing levels for a period; and then set a date for the review of the assessment/arrangements.

The registered manager or person delegated to oversee the activity must approve a completed a risk assessment in advance.

A risk assessment or safety plan for a visit need not be complex but it should be comprehensive. It does not generally require technical formulae or professional health and safety expertise, but specialised information may be necessary for some visits, and managers must ensure that the person undertaking the assessment is competent to do so.

A formal assessment of the risks that might be met on an activity should have the aim of preventing the risks or reducing them. Children and young people must not be placed in situations which expose them to an unacceptable level of risk. Safety and protection of all concerned must always be the prime consideration. If the risks cannot be contained or managed, the activity must not take place.

The risk assessment should be based on the following considerations:

  1. Care Plan, Placement Plan, Education Health and Care Plan or other relevant plans;
  2. Recent/relevant events/incidents;
  3. Group dynamics, staff/child and young person relationships;
  4. Safeguarding and Child Protection issues;
  5. Violent or other offending behaviour;
  6. The healthcare or mental health needs of the children and young people;
  7. Any history of drug/alcohol/substance misuse;
  8. Level of disability and associated special needs, including any required medication;
  9. What are the hazards?
  10. Whom might they affect?
  11. What safety measures need to be in place to reduce the risk to an acceptable level?
  12. Can safety measures be put in place?
  13. What steps will be taken in an emergency?

In undertaking the risk assessment and safety planning, all staff taking part, and children and young people who are capable of making informed decisions, should be consulted and a record of the risks should be made and seen/approved by the manager.

Frequent activities/visits to local venues such as swimming baths or where a child or young person is transported to and from school may not need a risk assessment for each trip; but the manager must ensure that a risk assessment is completed for the series/range of activities/visits; and a date set for the review of the risk assessment.

Alternatively, a risk assessment which has been agreed for a series or range of activities/visits must be reviewed immediately after any information comes to light or any event/incident which compromises the safety of the children/young people/staff. In such circumstances, the activities/visits must be suspended until a review has taken place and the manager is satisfied that a suitable new risk assessment has been completed.

The staff member should take the following factors into consideration when assessing the risks:

  1. The type of visit/activity and the level at which it is being undertaken;
  2. The location, routes and modes of transport;
  3. The competence, experience and qualifications of the staff;
  4. Ratios of children and young people to staff;
  5. The group members' age competence, fitness, and temperament, and the suitability of the activity;
  6. The healthcare needs of the children and young people;
  7. The quality and suitability of available equipment;
  8. Seasonal conditions, weather and timing;
  9. Emergency procedures;
  10. The need to monitor risks throughout the activity;
  11. The children and young people's backgrounds i.e., offending behaviours, health issues, likelihood of going missing, safeguarding/child protection, drugs or wider substance misuse.

When approving the risk assessment and subsequent plan for the activity, the manager should determine what latitude staff have to change the plan, the need for a contingency plan, an 'on call' or backup procedure to provide support, advice or direction to the staff once the activity/trip has started.