Safety Checking the School Run

Safety checking the school run

 

The clocks will be going back at 2am on Sunday 30^th October, bringing lighter mornings and darker evenings, and parents are being encouraged to take a safety check with children in readiness for the change. 

This year marks the centenary for daylight saving, a practice introduced during the First World War to save on energy costs and offer people more time outdoors.

But even though it’s been around for 100 years, the change still catches many people out, particularly when it comes to the darker end to the school day. 

And for those heading home alone to an empty house or in the charge of older children, and for the huge numbers of children using push scooters and bikes to travel, it’s a good time to make sure they all feel safe and out of danger. 

The law does not set out an age when it’s OK to leave a child on their own, or a minimum age for a babysitter.  Instead, parents are legally responsible for their child’s safety and must make decisions that will protect their child from risk of injury or emotional suffering.  Where parents fail to keep their children safe, they can face prosecution for neglect, and a fine or even imprisonment.  

Guidance from NSPCC, the child protection charity, suggests that under-5s should never be left, even for a few minutes, and between five and 12, children should be left for only very short periods.  Older children may be left alone during the day or evening, but while they are still under 16 they should not be left alone overnight.  It’s also recommended that babysitters are at least 16.

Said Delyth Williams with Gamlins Law:  “Guidelines are helpful, but age should not be the determining factor,  much more important is whether the child feels happy about the situation. Much depends on the circumstances, and a young person may be happy if they know that they have neighbours or friends who are close enough to call for any help, or if they simply feel uneasy, but the same child may not be happy in different circumstances, where they may feel isolated and vulnerable. 

“Similarly, if an older sibling or babysitter is being left in charge, it’s important they feel confident that they can exert authority if it’s needed and know what to do if there’s an emergency.” 

The same considerations come into play when deciding about travel to and from school, to ensure children are confident and understand how to stay safe if they travel alone, what to do if they get lost and how to handle themselves around traffic.   

Children travelling to school on two wheels is another thorny issue for parents.  It is against the law to cycle on a footway set aside for pedestrians, unless you are using a designated cycle track, and there’s a fixed penalty system to deal with the issue.  Similarly, cycling on footpaths and through parks may be restricted by local by-laws.  In practice, however, a fixed penalty notice cannot be issued to anyone under the age of 10 as they cannot be held criminally responsible and Home Office guidance recognises that children and young people may be afraid to cycle on the road.  The guidance says the fixed penalty notices should only be used where a cyclist is riding in a way that may endanger others, as the aim is not to penalise responsible cyclists who show consideration to other pavement users. 

It’s even more confusing when it comes to the current craze for push scooters, as their use has not been categorised and set out in the rules of the road.  The general view is that they should not be used on the road, as they are propelled by foot, but using one on the footpath is likely to be treated in the same way as a bike. 

She added: “The lack of clarity certainly leaves parents in a difficult position.  A sensible approach is to make sure young people have good road safety awareness, have sensible protective and reflective kit, and that they understand about taking care around pedestrians and giving way.” 

 

 

 

Web site content note: 

This is not legal advice; it is intended to provide information of general interest about current legal issues.  

Life Lessons from Headline Breakdowns

Life lessons from headline breakdowns

Marriage breakdown hits headlines when it involves stars and celebrities.  But there is a lesson to learn from the way the breakdown is handled for anyone facing the worst, with divorce impending.

Whether fiction or fact, marriage breakdown issues have been stealing more than their fair share of headlines in recent weeks.

BBC Radio 4 listeners tuned in to hear revelations about the oppressive relationship endured by Helen Titchener in the Archers storyline. And in celebrity news, the announcements by Angelina Jolie and Zoe Ball have resulted in many column inches of speculation and rumour.  

It may seem like coincidence, but post-summer is a peak for relationship breakdown, a close second to so-called ‘divorce day’ in early January. According to divorce professionals, it’s often the result of families being forced into each other’s company during holidays, whether on the beach or around the Christmas tree, with those in fragile relationships finding the extra strain too much.  

And while high profile cases may seem a world away from reality, according to the professionals it’s worth trying to learn lessons from them, if your relationship is going through hard times and the worst happens. 

The Pitt-Jolie divorce has the potential of a bitter battle, with Jolie seeking to secure sole custody of the couple’s six children.  Apparently, the divorce petition was revealed to Pitt just hours before the papers were filed with the court, and the world was aflame with the news.  In stark contrast is the muted note of the joint statement put out by Zoe Ball and DJ husband Norman Cook, best known by his stage name Fat Boy Slim.  They spoke of their sadness and promised to support each other and to raise their children together.  

Family law expert Sian Williams of Gamlins Law said:  “It’s always a sad situation when a couple splits, but avoiding anger, managing emotion and making a conscious decision to work towards co-operation from the outset can help reduce the pain of break-up, especially when children are involved. 

“Under the Children and Families Act 2014, a separating couple must consider using mediation before they can ask for a Court decision, and that will be easier if you can approach it with some form of accord in place.”

She  added: “One advantage the Jolie-Pitts have is that they are able to apply for an immediate no-fault divorce without proving wrong-doing or placing blame on one partner.  That’s not available here, and having to ascribe blame to get a swift divorce can fan the flames, by stirring up grievances to make a case.  Again, seeking agreement and avoiding nasty surprises can help.  There must be sufficient reason for the divorce, but the bare facts are usually enough, without the detail.”

Unlike California, no-fault divorce is allowed in England and Wales only after a two-year separation, something which can be difficult for many couples to manage without the financial settlement that comes with divorce.  As a result, spouses are likely to resort to citing grounds to get a speedier divorce, which can be on the basis of unreasonable behaviour or adultery.   

But coming together, or attending mediation, is not always possible, particularly in cases of domestic abuse, such as that portrayed by the fictional Titchener characters in Radio 4’s Ambridge.  As Sian Williams explained: “The storyline in the Archers is a more complex one.  The issue of child custody has been portrayed in a series of court hearings, highlighting the dilemmas involved in maintaining parental contact in such situations.  Clearly it would be difficult for the parents to sit down and work things out together, or even to cooperate over visitation rights.  The courts recognise that, and where there has been domestic abuse, a couple would not be required to attend mediation together. 

“Importantly, this story has depicted a situation that reflects the new offence of controlling or coercive behaviour in intimate or familial relationships, which became law earlier this year under the Serious Crime Act 2015.  It’s a criminal offence, quite separate to any action for divorce, although such conduct could be the grounds to end a marriage, if used as evidence of unreasonable behaviour.  

“We don’t know what the story editors are planning for future instalments of the programme, but in the meantime, raising awareness of such situations, and how such abuse may not be visible to those outside the relationship, is an important message.”