Transporting Children

For distances in excess of 300 miles, two drivers may be required; if this is the case, drivers must share the driving equally.

The following must be taken into account:

1. Passenger safety;
2. Competence of the driver;
3. Awareness of driver's hours;
4. Traffic conditions;
5. Contingency funds and arrangements in case of breakdown/emergency;
6. Weather;
7. Journey time and distance;
8. Stopping off points for long journeys and toilet breaks - 20 minutes every 2 hours;
9. Appropriate seat belts or restraints must be used and fastened (see end of this section, below, for requirements);
10. The transport must have a First Aid Kit;
11. A mobile telephone should be taken/carried by each member of staff. If mobile 'phones are not carried suitable arrangements should be made to enable communication between staff undertaking the activity;
12. Any risk assessments.

A First Aid Kit and Fire Extinguisher must always be carried on the vehicle.

Where outdoor activities are planned, suitable First Aid Kits should be carried away from the vehicle.

Before setting out, staff must ensure that suitable mechanical checks are undertaken in relation to the vehicle using the Homes vehicle check record.

Homes staff should ensure vehicles used to transport children have required insurance and certifications in place. This includes:

• Business Insurance;
• Tax;
• Valid MOT;
• Valid UK driving licence.

The homes manager should ensure a record is kept on file of required insurance and certifications for vehicles, along with a valid UK driving licence for staff transporting children.

Homes staff will be liable for any fines they may incur when using vehicles to transport children.

Homes staff should report any incidences of speeding to the Homes manager who should conduct an investigation. Staff investigated for speeding should not be allowed to transport children until the investigation has concluded.

Where Homes staff are subject to an investigation, the Homes manager should put a risk assessment in place identifying restrictions in place that should be updated on conclusion of the investigation.

The vehicle that is used to transport the child should be appropriately insured.

Seat Belts/Restraints

No person should be allowed in a car without a seatbelt. If there are insufficient seatbelts for passengers, staff should make two journeys for the trip.

Children must still use a child car seat until they are either 135cm tall or 12 years old so that they meet the law.

It’s been a legal requirement in the UK since 1965 for all cars to have seat belts installed. And so, all passengers in a car must wear a seat belt if a seat belt has been fitted to the seat by the manufacturer.

Since 1991, this law has extended to the passengers in the rear seats - so, if your car comes with seat belts for the passengers in the back, you must wear your seat belt in the rear as well.

By law, only one person should sit in a seat with a seat belt - so, despite how convenient you might think it is to sit on someone’s knee for a short trip, it’s also illegal to share a seat belt between two or more passengers.

If you’re driving with children under the age of 12 or under 135cm tall, they must use the correct child car seat according to their height or weight.

All children under the age of 14 must wear the appropriate child restraint or seat belt when travelling in a vehicle.

Type of Traveller	Front Seat	Rear Seat	Responsibility
Driver	Pets	N/A	Driver
Child under 3	Approved child restraint needed	Approved child restraint needed (exceptions below)	Driver
Child aged 3-12 or smaller than 135cm	Approved child restraint needed	Approved child restraint needed (exceptions below)	Driver
Child aged 12 or 13 or taller than 135cm	Seat belt must be worn if fitted	Seat belt must be worn if fitted	Driver
Passengers aged 14+	Seat belts must be worn if fitted	Seat belt must be worn if fitted	Passenger
Pregnant women	Seat belt must be worn if fitted unless with a doctor’s note	Seat belt must be worn if fitted unless with a doctor’s note	Passenger
Pets	Animals must be suitably restrained to prevent injury	Animals must be suitably restrained to prevent injury	Driver

See also: Seat belts: the law.

1. Where a risk assessment states that a child should be accompanied by 2 staff, the child should not be left alone whilst on an activity;
2. Children over the age of 12 may be allowed to sit in the front of vehicles if the arrangement is approved by the Home's manager. If children are required to sit in the rear of vehicles, they must be accompanied by staff;
3. Children may not hold or be responsible for vehicle keys and may not steer cars or use petrol pumps;
4. All vehicle occupants must wear suitable seat belts or restraints at all times when in vehicles. See also Seat belts: the law;
5. Children must not tamper with or use any controls except, at the discretion of the driver, the radio/stereo;
6. If it is assessed that a child may be distressed whilst in the vehicle or a child becomes distressed to the extent that the safety of the vehicle or occupants may be compromised, the vehicle must be stopped; preferably in a lay-by or suitable stopping place. However, the vehicle may have to be stopped at the side of the road or on the hard shoulder of a motorway. In these circumstances, the hazard warning lights should be activated, the occupants should get out of the vehicle and stand well away from the road, and the emergency services must be summoned;
7. If the safety of the occupants is compromised, with the risk of injury or damage to property, Physical Intervention may be used or the police should be called to assist. If children with a history of violence are being transported, staff must ensure the following:
   1. Children must sit in the rear of the vehicle, with each child supervised by a minimum of one member of staff;
   2. Staff must be clear when it may be appropriate to use Physical Intervention and what techniques may be appropriate;
   3. Staff must be satisfied that no items, which could be used as weapons, are available to the child. These could include tools, aerosols, pens etc.
   4. It may be necessary to search the child before the activity starts; see Searching Children/Bedrooms Procedure;
   5. Care should be taken when getting in and out of vehicles. This is the time when holds are weakened;
   6. Some thought should be given to action on arrival at destination - will more staff be needed? Is a room available? Is it easy to get the car close to the destination, and is it possible to avoid other children becoming involved?
   7. If the potential risks cannot be managed safely, the activity must not go ahead; or must cease.

All vehicles that are used for transporting children must be smoke free and must show the international 'No Smoking' symbol. It is the legal responsibility of anyone who drives, manages or is responsible for order and safety on a vehicle, to prevent people from smoking.

Homes managers should ensure that all vehicles used for transporting children display the international “No Smoking” symbol.

Any vehicles not displaying the international “No Smoking” symbol should not be used to transport children.

Homes staff are not permitted to smoke in any vehicle used to transport children.

Homes staff should discourage children from smoking when being transported in a vehicle.

Any incidences of children smoking when being transported in a vehicle should be reported to the homes manager and the risk assessment updated.

See: Risk Assessment and Planning Procedure.

It is not necessary to undertake a separate risk assessment for each activity/trip. Where a range or series of activities may be undertaken (the transporting of children to and from school, a series of supervised contacts, the undertaking of routine activities), the Manager may approve a risk assessment and associated arrangements such as staffing levels for a period; and then set a date for the review of the assessment/arrangements.

A risk assessment should be completed for each child living in the Home that identifies associated risks and measures to reduce the risk.

Arrangements should be periodically reviewed by the Homes manager or senior staff and any amendments recorded on the risk assessment along with date of review.

The manager or person delegated to oversee the activity must approve a completed risk assessment in advance.

A risk assessment for a visit need not be complex but it should be comprehensive. It does not generally require technical formulae or professional health and safety expertise, but specialised information for some visits may be necessary and managers must ensure that the person assessing is competent to do so.

A formal assessment of the risks that might be met on an activity should have the aim of preventing the risks or reducing them. Children must not be placed in situations which expose them to an unacceptable level of risk. Safety and protection of all concerned must always be the prime consideration. If the risks cannot be contained or managed, the activity must not take place.

The risk assessment should be based on the following considerations:

1. Care Plan, Placement Plan or other relevant plans;
2. Recent/relevant events/incidents;
3. Group dynamics, staff/child relationships;
4. Child Protection Issues;
5. Violent or other offending behaviour;
6. The healthcare or mental health needs of the children;
7. Any history of drug/alcohol/substance misuse;
8. Level of disability and associated special needs;
9. What are the hazards?
10. Who might they affect?
11. What safety measures need to be in place to reduce the risk to an acceptable level?
12. Can safety measures be put in place?
13. What steps will be taken in an emergency?

In undertaking the risk assessment, all staff taking part and children who are capable of making informed decisions should be consulted and a record of the risks should be made and seen/approved by the manager.

All staff should ensure they have read and understood the risk assessment that must be signed by Homes staff prior to transporting children.

Frequent activities/visits to local venues such as swimming baths or where a child is transported to and from school may not need a risk assessment for each trip; but the manager must ensure that a risk assessment is completed for the series/range of activities/visits; and a date set for the review of the risk assessment.

Alternatively, a risk assessment which has been agreed for a series or range of activities/visits must be reviewed immediately after any information comes to light or any event/incident which compromises the safety of the children/staffs. In such circumstances, the activities/visits must be suspended until a review has taken place and the manager is satisfied that a suitable new risk assessment has been completed.

The staff member should take the following factors into consideration when assessing the risks;

1. The type of visit/activity and the level at which it is being undertaken;
2. The location, routes and modes of transport;
3. The competence, experience and qualifications of the staff;
4. Ratios of children to staff;
5. The group members' age competence, fitness, and temperament, and the suitability of the activity;
6. The healthcare needs of the children;
7. The quality and suitability of available equipment;
8. Seasonal conditions, weather and timing;
9. Emergency procedures;
10. The need to monitor risks throughout the activity;
11. The children's backgrounds i.e. offending, health, absconding, child protection, drugs.

When approving the risk assessment and subsequent plan for the activity, the manager should determine what latitude staff have to change the plan, the need for a contingency plan, an 'on call' or backup procedure to provide support, advice or direction to the staff once the activity/trip has started.

Homes staff should remain in contact with staff in the Home when out the Home with a child on an activity or trip.

The Homes manager or senior staff should provide support, advice and guidance if contacted by staff out the Home with a child on and activity or trip.

Staff out the Home with a child on an activity or trip should act on any advice or guidance provided.

Should there be a need for support, the Homes manager or senior staff should consider if additional staffing is required and take steps to arrange this.

Should Homes staff find themselves in an emergency situation and are unable to wait for support from the Home they should contact the Police in the area they are to request assistance.

Where there has been a need to change the plan and alternative measures put in place the risk assessment should be updated to reflect this.

Any amendments to the plan should be recorded on the child’s record identifying why and what was done.

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GOV.UK, Child car seats: the law: Using a child car seat or booster seat

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