This document and its appendices supersede previous versions of Cumbria Schools Safety Advice Note SAN(G) 5.

CONTENTS

1. Introduction, Purpose and Scope 2

2. Local Authority Recommended Action 2

3. Jewellery and The Equality Act 2

4. Staff wearing Jewellery 2

5. Risk Assessment 2

6. School Policy 3

7. Security 4

8. References and Useful Links 4

1.  Introduction, Purpose and Scope

The number of pupils having their ears, or other body parts pierced has increased significantly over recent years. The wearing of jewellery and other adornments (e.g. navel rings, nose studs, lip studs, tongue studs, eyebrow studs) can conflict with safe practice and the delivery of part of the National Curriculum - namely PE, Sport, Swimming and in some cases, Technology.

It is therefore important that schools document and communicate clear rules associated with the wearing of jewellery to all staff, parents and pupils.

2.  Local Authority Recommended Action

For safety reasons the wearing of earrings, ear studs or other jewellery (metal or plastics) must not be permitted during sporting activities, PE or swimming. For safety and hygiene reasons this may also apply during technology. These items represent potential hazards, not only to the wearer but also to other pupils, staff and, in some instances, third parties. Current safety advice confirms that any jewellery wearing during these lessons constitutes an unnecessary risk and should be avoided at all times.

3.  Jewellery and The Equality Act

The Equality Act does not deal specifically with school uniform or other aspects of appearance such as hair colour and style, and the wearing of jewellery and make-up, but the general requirement not to discriminate in the treatment of pupils applies here as in relation to other aspects of school policy. It is for the governing body of a school to decide whether there should be a school uniform and other rules relating to appearance, and if so what they should be. This flows from the duties placed upon the governing body by statute to manage the school.

Schools should be sensitive to the needs of different cultures, races and religions and act reasonably in accommodating these needs, without compromising important school policies, such as school safety or discipline. It is well established that it would be race discrimination to refuse to let a Sikh child wear a turban because of a school policy requiring that caps be worn, but legal judgments have not supported the absolute right of people of faith to wear garments or jewellery to indicate that faith.

4.  Staff wearing Jewellery

Teaching and other staff are advised to lead by example and prohibit the wearing of earrings, ear studs or other jewellery in all aspects of physical activity or where, on the basis of a risk assessment, there is a risk of injury to the wearer or to others or where there is a risk of standards of hygiene being compromised, such as in Catering or Food Technology lessons.

5.  Risk Assessment

Where required a risk assessment approach should be taken to decide as to whether or not jewellery is permitted to be worn during school sessions. The risk assessment should identify the hazard in each situation i.e. the risks of injury will be higher during PE lessons than in other more sedentary lessons. There may also be a higher risk of injury to primary school pupils during nonstructured playground activities and games.

The hazards associated with jewellery being worn during Design/ Food Technology lessons is generally well accepted, particularly when working with machinery and/or food stuffs and a simple risk assessment will determine the policy of the Department.

Some pupils may need to wear personal effects such as spectacles or hearing aids; in these circumstances the teacher needs to decide whether it is more or less hazardous for the pupil to actively participate whilst wearing such items, both in terms of their own safety and that of other pupils.

Body jewellery can be hidden therefore it is important that pupils are asked at the beginning of PE sessions whether or not they are wearing it. If admitted, then the principles, outlined below, will apply. If not admitted then the activity can proceed as normal, however, if during the session the teacher becomes aware that body jewellery is being worn, the principles outlined below must be applied immediately.

Medical bracelets that must be worn at all times can be covered with sweatbands secured with adhesive tape. Long hair must be tied up at all times during an activity; this applies to both male and female pupils.

As newly pierced ears can take up to six weeks before sleepers/studs can be removed, arrange piercings at the start of the school holidays. It is recommended that an individual with a tongue piercing should not take part in swimming for 3-4 weeks following the initial piercing. It must also be noted that even when the piercing has fully healed (3-4 months), the piercing can heal within one hour of removing the stud.

6.  School Policy

Once the risk assessment process has been carried out, the control measures will form part of the school health and safety/ uniform policies. In some cases, schools have taken the decision to ban the wearing of jewellery altogether, others have merely restricted the ban to PE and Design Technology sessions. Whatever control measures are put in place, the policy should be publicised to parents. The school prospectus should contain details of the policy so that potential parents are aware of the rules with regard to the wearing of jewellery prior to their child starting school. The prospectus should explain the rationale for the removal of personal effects and schools are strongly recommended to apply the following principles:

§  All jewellery and personal effects should be removed;

§  If they cannot be removed, the person in charge should take action to make the situation safe (i.e. adjust the activity for the individual and/or group);

§  If the situation cannot be made safe then, in the short term, the individual should not actively participate in the lesson.

An example could be that of applying surgical tape over a stud earring (front and back) which can be used to make some situations safe, however the teacher must be confident that the strategy will be effective. In a swimming activity, the tape on its own would not be a sufficient measure and the teacher may decide that in conjunction with the tape a swimming hat must be worn to cover the ears.

It is also worth advising parents that if they wish their children to have pierced ears, then this should be carried out during the summer break when the ears will have had time to heal prior to the beginning of the autumn term. Once the ears have healed, the earrings can then be safely removed. Some parents do not follow this advice; therefore, the above principles must be applied. Once the ears have healed, however, then the jewellery should be removed altogether, in accordance with the school policy.

As with any policy, there will always be exceptions to the general rule. For example, some ethnic minority groups may insist on the wearing of jewellery as part of their religious beliefs. There have also been cases of pupils wearing christening bracelets or necklaces that cannot be easily removed. Each case will need to be considered on its own merits with the risk of injury being taken into account. Discussions should take place with the pupil's parent/guardian as to the most appropriate control measures required to reduce the risk of injury to both the individual pupil and others. If a parent is not willing or able, because of their beliefs, to conform to the schools health and safety policy then a risk assessment will need to be carried out. Where there is a foreseeable risk to either the individual or other pupils, the pupil will either need to remove the item of clothing or sit out of the session and observe.

7.  Security

For any jewellery removed by pupils prior to a lesson, consideration should be given as to where the jewellery will be kept. Once it has been handed to a member of staff for safekeeping, then it is the responsibility of the school to ensure that it is safely returned to the pupil after the lesson. There have been a number of cases where jewellery, which had been given to a member of staff, has subsequently been lost. This has led, almost without exception, to the school having to compensate the pupil for the loss.

Parents may state that they will indemnify teachers for allowing a pupil to wear personal effects; this MUST be declined. Indemnities carry no legal status as the pupil may bring retrospective action against teachers in their own right within three years of reaching adult age.

Failure to comply with the above guidance may render the County Council liable to enforcement action from either the HSE or Environmental Health Inspectors and/or

Civil Action for Damages should a jewellery related incident/injury occur. OFSTED

Inspectors may also check for compliance with the above procedures during their school inspections.

Further information and advice on this subject is available from the Health and Safety Team, 01228 221616 Email

8.  References and Useful Links

School’s own Health and Safety Policy and Arrangements

Useful websites:

Association for PE – Publications and Resources http://www.afpe.org.uk/professional-leadership/publication-a-resources/publications-a-resources

DfE Guidance – School Uniform https://www.gov.uk/government/publications/school-uniform

CHSU/SJMC 4 of 4

SAN(G)5 Jewellery and Personal Effects – Revised February 2016