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Drayton Manor Park - Splash Canyon Incident

Were there's a blame there's a claim,

She can sue who ever she wants, but she must prove that DMP acted negligible, the only thing that I can see going against DMP is the fact that they failed to react promptly.

Isn't the last pick in that news report Alton Towers rapids?
 
Whilst the picture does appear to be Alton towers rapids, it does, unfortunately show people standing up.
It also shows both sides of the waterfall in use, most of the time ive been on those rapids the waterfall is either off, or just one side only.
 
Is the family considering suing the school as well for lack of supervision or are they exempted from any responsibility?

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Nope :rolleyes:

Quote from the news report

'They plan to take action against the theme park, not the school, as they were responsible for the ride and the safety of their visitors. They will be in a better position once the health and safety report has been completed and the cause of death known.'
 
So why do schools have to fill in health and safety assessments if the attraction you visit takes total responsibility for the health and safety of the pupils? I will pass this information to the teacher completing the paperwork for the outdoor adventure park my son is going to. In the same manner as with this story the centre will be taking responsibility and the teachers can just sit back and let the children do what they want to.

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Schools will fill in a risk assessment for things like:

- Journey to/from attraction
- Supervision in public areas
- Toilet/first aid issues

However, when it comes to a theme park, the school are highly unlikely to complete a risk assessment for rides because it is not their remit. The theme park is responsible for ensuring the safety of its guests when on rides and attractions and most major attractions offer a risk assessment document for schools. That for Alton Towers, for example, can be found here:

https://www.altontowers.com/media/2397/risk-assessment-form-alton-towers-resort.pdf

If the theme park deems it necessary for children to be accompanied, then they will be accompanied. If not, then they will not necessarily be so. Children will have been briefed on safety and behaviour by teachers at the venue. Children cannot and will not be wrapped in bubble wrap when at a venue. This is unmanageable as schools simply do not have the staffing budget to have a ratio of 1:5 (which would have been required should every raft have had an adult on board). If a child has specific behaviour needs, then they will of course be supervised more closely and are likely to have a separate risk assessment to cater to their own needs.

School risk assessments are very rigorous in this day and age. Schools have designated Educational Visit officers (EVOs) who approve risk assessments via an online portal. They are subject to training from the local authority.

Even minor visits like crossing over the road to visit the local church is subject to a RA.
 
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Thanks for the information. So can I ask one quick question? If and I say if children were found to be standing up on the ride and signs are present on the boats clearly stating not to do this as well as signage at the entrance. But the teachers didn't brief the children not to do this on entering the park. Is the park still responsible for the kids standing up?

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The person responsible for the child standing up - is the child. The park cannot stop people standing unless they are physically restrained into the ride.

11 year olds are not idiots and are, unless with significant SEN and/or behavioural issues - able to read signs and use their brains logically. Children with SEN/behavioural needs will have different RAs and are likely to be supervised more closely.

Teachers will have briefed children on expectations upon entry to the park and reinforced this as and when needed during the day. This is standard practice.

Tragically, the cause of death in this case seems to me, quite plainly, to be misadventure.
 
But would there not be a case by the parents saying that their children should have been verbally warned not to do it? Did I also read somewhere that this poor girl wasn't aware she was going there until she arrived at school that morning? If so when did her parents fill out consent forms etc?

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I have no idea on the policies and practises of the school in question.

Children in Y6 are not typically treated like brainless idiots, so of course the children may not have been told to "not stand up" just prior to going on the ride. Equally, they may have been.

Children will have had consent to attend. It is against policies to take children somewhere without the consent of parents/carers.

It sounds like you want to blame the teachers for the accident?
 
Consent is a legal necessity if children are being taken out without it the school has even more questions to answer

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Is there any evidence that says the school took the children out without consent?
 
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I don't want to blame anyone this was a very sad and tragic accident and I feel for everyone affected I was just wondering if responsibility was shared by the school and the theme park during a visit or if it was totally the park's responsibility? And where all the health and safety assessments fitted in.

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