Supervision of Children & Young Persons 

The sport of sailing would not be what it is without the involvement of children and young persons.  It is essential that Clubs and Class Associations are aware of their legal responsibilities in respect of children and young persons. 

Definitions:

A child is defined as being a person under 14 years of age, and a 'young person' (yp) as being 14-18 years of age. 

Supervising adult:

An adult other than a parent of a child may assume the care and responsibility of a child/young person in specific circumstances, namely where they act as a leader or instructor. The duty of care owed by an instructor or leader to a child/young person is the same as that owed by a parent to a child/young person because the duty does not arise merely out of the proximity of the relationship between the adult and child/young person but because the adult has assumed the care and responsibility of the child/young person in a specific circumstance. The relationship of parent and child/young person only serves to evidence the duty of care. A supervising adult is expected to show such care towards a child/young person under its charge as would be exercised by a reasonably careful parent with the same number of children under his control.

Level of supervision:

Children are not assumed at law to need constant supervision. The supervising adult should take into consideration the age and abilities of each child, the activity and the conditions in which the activity is being undertaken in order to determine the level of supervision. For instance, the supervising adult must decide whether a child needs an adult in the dinghy with them or whether the adult can supervise the child s sailing from a RIB or the shore. During an activity, the level of supervision must be reassessed. For instance, where a child has proved themself to be irresponsible, or the weather conditions substantially change, then the level of supervision may be increased or the activity ceased.

Duty of care to protect from physical harm:

The supervising adult has a duty or care to protect the child from suffering any foreseeable personal injury, but not to protect the child from the rough and tumble of life. This is especially so where the child is considered to be too young to appreciate danger. Essentially, the adult is required to supervise children with a view to preventing danger arising. For instance, unless the adult specifically has a duty to make a safety check of sports facilities in general use, such as a public or hotel swimming pool, the supervising adult is not required to make an independent safety check. A duty to make a safety check will therefore arise when the sports facility is not in general use. Before permitting a child to use the sports facilities, the adult must ensure that the facilities are suitable for the age and ability of that particular child.

In sailing, it would be wise to ensure that a child is capable of swimming if it is intended to sail in water deeper than that in which the child can wade. However, the supervising adult should also take into account the type of vessel in which the child will be sailing, such as whether it is a dinghy which readily capsizes or whether the vessel is so secure that the child could never fall into the water. Further, the supervising adult should take into account whether the child is wearing suitable clothing and particularly whether the child is wearing an appropriate buoyancy aide, life jacket and life-line for the intended vessel and weather conditions. Where the child has rigged the dinghy himself, then the supervising adult should check that it has been competently rigged.

Duty to give clear safety instructions:

The duty to protect the physical safety of young persons includes the duty to instruct children as to safety discipline, this being more so with older children who are better able to comprehend instructions and appreciate danger. A safety instruction should ideally include advice as to best practice and the injury that may be suffered if the best practice is not followed. Often, careful instructions to children and ensuring that they have understood the instructions will be sufficient to allow the children to undertake an activity by themselves. Again the exact circumstances will be taken into account and the child s previous ability to undertake the activity by themselves, thereby implementing previous instructions, will determine whether on each occasion the manner in which the child may undertake that activity. The safety instructions should be repeated on each occasion.

There must be in place rules governing the use of sporting facilities which can be readily enforced by a supervising adult and that the children understand those rules before they are permitted to use the facilities. For the children who can read, the rules should be clearly placed in appropriate places and clearly phrased. In considering whether the rules are appropriate, it is also necessary to take into account whether they are to be enforced by the adult supervising a group or an individual.

General guidance for the supervision of young people:

The RYA has drafted the following general guidelines to assist in establishing the right level of supervision and safety rules.

Children below the age of 11 Inexperienced sailors:

Where this age group is concerned, the duty of care is at its highest particularly where the parents or guardians are not in immediate attendance (or in the case where the parents or guardians are themselves inexperienced). Constant supervision is appropriate and particular care must be shown in not exposing the child to danger. This would apply equally whether afloat, ashore, or at the water s edge. Volunteers are effectively in loco parentis and will be expected to show the same level of care as would reasonably careful and knowledgeable parents in the same circumstances.

Children below the age of 11 years Experienced sailors:

For this group the same principles will apply as to supervision those for inexperienced sailors below the age of 11 years, except that the children may be expected to cope with more difficult weather conditions. Of course a balance must be struck between over-protectiveness and permitting children to take foolhardy risks. It is unlikely to be acceptable for a club or official to claim that the child willingly accepted the risk.

Children aged 11 to 13 years Inexperienced sailors:

The same principles will apply as for younger children while afloat, although a lower level of supervision would be expected while ashore or at the water s edge.

Children aged 11 to 13 years Experienced sailors:

Children in this age group will vary considerably in having sufficient maturity to make decisions about risk taking particularly when peer pressure is involved. While a degree of supervision is still expected, they can be reasonably expected to be self-reliant both afloat and ashore. However, there will still be a tendency among some to under estimate the risks involved. Consideration should also be given as to whether a child is taking risks because of peer pressure.

Young people aged 14 to 18 years Inexperienced sailors:

The same principles will apply as for younger sailors while afloat, although a very much lower level of supervision would be expected while ashore or at the water s edge. The level care is more similar to that owed to a young adult who has no knowledge or past experience of sailing.

Young people aged 14 to 18 years Experienced sailors:

Once over the age of 14 years, depending on the mental maturity of the individual, young people can be expected to make sensible decisions about their exposure to risk. By the age of 16 years or so they would be equated by the courts to adults, and special considerations as to the supervision of young persons would be unlikely to apply. It should be noted however that the age of legal majority is 18 years, so any contractual documents, including exclusion of liability clauses, would probably be of no effect in law and should not be relied upon.

Organised racing or other group events:

A special standard of care must be shown in the following matters:

Acceptance of entries, having regard to:-

(i) age and experience of competitors;

(ii) expected numbers of competitors;

(iii) available rescue facilities;

(iv) anticipated weather and tidal conditions. 

• The decision to cancel, postpone or continue with racing or a group activity should be made in the light of the foregoing factors.
• The level of provision of safety cover should be made in the light of the foregoing factors.
• Enforcement of appropriate safety regulations.

It is impossible to lay down criteria or guidelines that will be of general application, for example a ratio of rescue boats to competitors. Weather conditions, age, experience and competence of competitors etc. vary so much from one club to another and from one event to another that it must be for the sailing committee of each club and the organisers or each event to decide what safety regulations should exist, what systems should exist for their enforcement, and when such regulations should be imposed or waived. In making these decisions, the committee need not attempt to forestall or remove every single area of risk; rather they must take a common-sense approach to practical safety rules that they will not be so onerous as to stifle the interest of young people or prevent them sailing in adverse conditions but will cover the most obvious areas of risk. As seen, the standard will vary accordingly to the age and experience of the competitors.

The race or event organisers may seek to shift responsibility for children onto their parents or guardians by requiring the supervising adult to sign a clause in the race or event entry form. Such a clause cannot legally bind the child, being under the age of legal majority, but seeks to place a degree or liability on another adult.

Under the law, this helm (crew) is my dependent, and I accept paragraph ( ) of the notice of race which excludes my dependent s right to claim compensation in certain circumstances. I declare that during the event the boat will have valid and current third party insurance of at least 1m. I confirm that my dependent is competent to take part and that I am responsible for my dependent thoughout the event. During the time my dependent is afloat I will be in or around ( ) Yacht / Sailing Club or I will inform the race officer in writing who is acting in loco parentis during my absence.

Training activities:

By definition inexperienced young people are the most vulnerable class of people to take to the water. Since they are also the least able to assess the degree of risk to which they are exposing themselves, instructors responsible for young novices have a particularly high duty of care in this regard.

While the previous paragraphs apply in most cases as much to training activities as to racing, in the event of an accident resulting from lack of proper precautions being taken, a court would have even less hesitation in attributing liability to an instructor and the club or organisation to which he is answerable.

Liability can arise from a number of sources, whether from damage done by trainees or damage or injury to trainees. For this reason, and because it is not in practice possible to contract out of liability, clubs involved in training should make careful arrangements for specific insurance cover in respect of these activities.

Non-organised sailing and use of club facilities:

A frequent source of concern to clubs is whether legal liability could arise from the unsupervised use of club premises, or the club s water, by children and young people especially at times when no adult members are present.

A form of wording may be included in the club rules or in junior membership forms for signature by the parent or guardian and in club rules in cases where rescues or safety facilities can only be provided during organised events.

Parents and guardians are warned that the club is only able to provide rescue facilities during the hours of club racing. Outside these hours, parents and guardians have sole responsibility for their children and wards and must appreciate that the club cannot be expected to exercise supervision or control. Even during club racing the club cannot accept responsibility for children, or any other persons, not engaged in racing.

The child in question is not legally bound by its parent or guardian signing or agreeing to such a clause. However, the effect of the clause is to warn parents and guardians and to draw their attention to the fact that they remain responsible for their children s safety. If a club did hold itself out as providing supervision and safety cover for children then a special standard of care would be imposed, a lapse of which could result in liability.

The approach now taken by an increasing number of clubs seems sensible and, importantly, encourages young people to use the facilities after school or outside term-time, giving them total freedom to use the outdoor facilities whenever they wish, with no specific controls, rules, supervision or safety cover. As long as neither they nor their parents are led to believe that supervision and cover are provided, then no question of liability can arise since there is no opportunity for a club official to be negligent. This policy always assumes that there is not some hidden danger or special trap in the premises or on the water that makes unsupervised sailing particularly dangerous.

The decision whether to allow children to use the facilities at such times is thus that of the parents or guardians who may or may not wish to impose their own safety rules that is a matter for them to decide.

If you require further assistance please do not hesitate to contact the Legal Team Tel:   0844 5569519   Email: legal@rya.org.uk.