Ian N Ford (ianford@DIRCON.CO.UK)
Mon, 1 Apr 1996 20:48:14 +0100
Fortunate life is a lot easier in UK <g> Here there is case law that if
a first aider treats a casualty according to the Authorised Manual of the
Red Cross , St John Ambulance and St Andrew's Ambulance there is
absolutely no liability for " good faith " treatment.
As far as kids are concerned , the Chilldren Act places a duty on adults
caring for a child , including teachers, youth leaders etc. to " take any
positive steps necessary to promote the health, safety and welfare of the
child " or words to that effect. That means anything from reasonable
discipline to giving the sort of healthcare a parent would , e.g.
administering " domestic remedies " .
Finally, under English law a child " of sufficient understanding " can
give consent to medical treatment. Certainly for minor wounds , simple
fractures etc. the average Scout would be deemed capable of giving consent.
( e.g. one kid broke his finger , and he had x-rays , local analgesia and
a painkilling injection when it was re-set. He consented to treatment,
not the leader. This lad was about twelve or thirteen.)
As far as Scouting goes the law requires the Leader to act as a " reasonable
parent " might expect , with the proviso that it recognises that a
Scouter is responsible for a dozen or more kids , not just one. Unless a
leader is flagrantly negligent or expects a child to do something clearly
beyond his capability then there is no liability risk.
Anyone want to emmigrate to England ?
AGSL 25th Greenwich Scout Group
Terry Howerton Sakima Group, Inc. SCOUTER Magazine Kansas City