Page 21 - Misconduct a Reference for Race Officials

SECTION 4: Special Considerations for Children,

Young People and Vulnerable Adults

This section deals with potential civil liability for death or personal injury only.
Organisers giving training to young people should also be aware of the following
legislation
 Children Acts 1989 and 2004 and related legislation (general duties in
relation to children);
 Activity Centres (Young Persons’ Safety) Act 1995 (which set up the
Adventures Activities Licensing Authority relevant to organisers providing
more than 3 days training in any period of 12 months to non-members
under 18 years of age for payment); and
 Safeguarding Vulnerable Groups Act 2006 (a barring scheme applicable
to individuals involved in activities with children and/or vulnerable adults).

More information on this legislation is available from the RYA.

Special position of children, young people and vulnerable adults
Organisers should always be aware that a higher standard of care applies when
dealing with children, young people and vulnerable adults. In addition, the
various defences which can be raised in a legal claim are less likely to be
effective against children, young people and vulnerable adults, and therefore
special care needs to be taken.

General principles of legal liability for children and young people
This section applies to children or young people who the law would regard as
being too young to make a valid decision about whether to accept the risk of
taking part in a potentially hazardous activity. There is no specific age at which a
child might be considered as to be capable of making their own decisions about
risk and the Courts will examine each case on its own merits, but in general
terms particular consideration needs to be given to those below the age of 14.

This section does not deal with the important issue of child protection, either
within the organiser’s training environment or the recognition of child protection
issues elsewhere. Guidelines on child protection issues are available from the
RYA Child Protection Co-ordinator.

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