Urgent question about trampolines!

**Cazz** · 22-11-2009, 10:55 AM

I've got a new mindee starting tomorrow - she's 12 and one of my daughter's friends. I know she will want to use our trampoline but I think I'm right in saying that you are supposed to follow manufacturers guidelines at all times - recommendation is one person at a time.

Trouble is her and my daughter desperately want to go on together. What I was wondering is, bearing in mind she is 12 years old and they are sensible girls, could I type up a permission form/disclaimer for mum to sign giving permission for her to use it with my dd? I know mum quite well and think she would be more than willing to give permission as she is happy if dd is happy iyswim! She is paying me nearly double what she's been paying an after school club as dd doesn't want to go there anymore and wants to come here!

I wouldn't allow more than her and dd on there and of course I will keep an eye on them to make sure they're being sensible - if not they'll be straight off it. I won't have any more mindees here at the times K's here so no other mindees will know there are two on the trampoline at once.

I need to know about this asap as dd is going swimming with her this afternoon and if I can do a permission form I can ask mum to sign it today. Thanks.

**atmkids** · 22-11-2009, 11:09 AM

I can't imagine this would be a problem. I've asked the parents of my under 6's to sign a disclaimer saying it's ok for them to use the trampoline (one at a time) even though they are below the recommended age as all kids love trampolines and I won't get rid of it as my own children love it. They are given the choice to say that either they don't want their children to go on it or that they can and they won't hold me responsible should an accident happen. As the girls are 12 they should be sensible enough, my 11 year old goes on with her friends and we've never had a problem. Hth

**nokidshere** · 22-11-2009, 12:40 PM

NO NO NO!!!!!!!!!!!!!!!!!!!!!!!!!!!

Disclaimers are not worth the paper that they are written on. As a childminder you have a duty of care under both Common Law (predcedent law) and Statute Law (Health & Safety at Work Act) to porotect your "mindees." If a child were injured on the trampoline and it was found to be either faulty or was being used for a purpose for which it was not intended, then you could be liaible in either or both civil and criminal law. The disclaimer could not be used in defence only perhaps for mitigation should an action arise. Trampolines are potentially dangerous pieces of kit and should not be used unless closely supervised. And they must, at all times, be used as the manufacturer reccommends.

The above is a reply from my husband (a Health & Safety Manager) and he urges you to be very, very careful about what you allow other peoples children to do in your home.

**nokidshere** · 22-11-2009, 12:42 PM

I've asked the parents of my under 6's to sign a disclaimer saying it's ok for them to use the trampoline (one at a time) even though they are below the recommended age as all kids love trampolines and I won't get rid of it as my own children love it. They are given the choice to say that either they don't want their children to go on it or that they can and they won't hold me responsible should an accident happen

See above reply!!!! Its bad enough letting children of the right age go on 2 at a time - its even worse if the child is also under the recommeded age!!! Crazy practice! I am fairly sure that Ofsted would have something to say about that also.

Do not do disclaimers - they mean nothing!!!!!!

**Blackhorse** · 22-11-2009, 12:44 PM

I have to agree with Nokidshere's first post...

if there is a manufacturers guidline on it that is what you will have to stick to as if anything happens that's what they will use to base their decision on whether it was used properly or not.

I would not want to take this risk to be honest and as parent I would not be happy to sign such a disclaimer either.

**Blackhorse** · 22-11-2009, 12:47 PM

I guess to really get the answer you need you should phone up your liability insurance provider and get their take on it.
and then Ofsted's/CCs position on it too..

would be very interesting to see what they would say

**Cazz** · 22-11-2009, 12:50 PM

Oh damn!! Think I'm going to have 2 unhappy girls tomorrow then!

I phoned NCMA a while back and they said the insurance covered trampoline use if a permission form is signed by parents and it was used in accordance with the manufacturers instructions. I was just hoping there was a way around it in this circumstance due to mindee's age.

Pipsqueak · 22-11-2009, 01:19 PM

I clarified this point a while back (if you put trampolines into the search facility it should come up) with my insurers (NCMA) and
for your insurance to be valid you must follow manufacturers guidelines at all times

ie no under 6's
one child at a time

if you don't follow the guidelines your insurance is invalid - period.

Disclaimers are not worth the paper they are written on, I know the kids like to be on there together but is it really worth it?

**angiemog** · 22-11-2009, 01:44 PM

There was a post a while ago about trampolines. If I remember correctly a parent agreed and signed a permission form for her 5 year old to use it. The child broke his arm and parents are/were going to sue the childminder, this resulted in the childminders registration being taken away. This was due to not following the manufacturers guidelines. Whatever parents agree to, or sign means nothing when it comes to insurance...... don't do it really isn't worth the risk. x

**Blackhorse** · 22-11-2009, 01:47 PM

Originally Posted by angiemog

There was a post a while ago about trampolines. If I remember correctly a parent agreed and signed a permission form for her 5 year old to use it. The child broke his arm and parents are/were going to sue the childminder, this resulted in the childminders registration being taken away. This was due to not following the manufacturers guidelines. Whatever parents agree to, or sign means nothing when it comes to insurance...... don't do it really isn't worth the risk. x

Wow, that just shows you. I think it is not fair of the parents to sue though either after they signed something. (I know signing doesnt mean anything in front of the law) but they were obviously happy for their LO to use the trampoline! But as soon as something happens the tables turn and you are on your own..so better to stick to all the laws and regulations...it is not worth loosing your business over..or worse

**Ripeberry** · 22-11-2009, 01:59 PM

Never even offer disclaimers for anything. My 3yr old mindee got all exited when she saw the trampoline in the garden and her mum says to me "Oh, lovely, she'll love using it!"
You should have seen her face when I said that it can only be used by 6yrs + children. She was even asking me if I had a disclaimer form

Needless to say she has NEVER used it. She does try and climb on it (outside of the netting), so I think by springtime I will be building yet another fence just to keep this one mindee off it

My kids love their trampoline and I don't want to get rid of it just because of one mindee I have for only 5hrs a week.
Even my baby trampete has a permission form for it

aly · 22-11-2009, 02:10 PM

You can get smaller trampolines for younger children from age 3-6 so if you wanted to buy them they are in ARGOS.

We got rid of ours as my daughter [2] fractured her leg....yeah she loved being on there with her brothers but got rid of it straightaway.

**Chatterbox Childcare** · 22-11-2009, 02:37 PM

No they can't and just because they are older doesn't mean that there won't be accidents, more of a chance I think

If you let them, even with a parent disclaimer, you will not have any insurance.

Mine sit and natter in mine but no jumping

**Twinkles** · 22-11-2009, 04:34 PM

I got rid of our trampoline for just these reasons.
Constant nagging by the children to allow more than one at a time and pressure from parents to allow under six's on it.

My own son ( who's trampoline it was ) had outgrown it and then I heard about that poor childminder who was de-registered for the accident , so I got rid.

**Cazz** · 22-11-2009, 07:11 PM

Thanks everyone - boy am I glad I came on here and asked this question first!!

I know that accidents can still happen despite them being older and in light of everyone's advice today I've told my dd that they can only go on one a time, she wasn't happy but if they don't like it they don't have to use it!

I must admit I was quite a while trying to decide whether to get my older two children a trampoline for their birthday in the first place but they so desperately wanted one and they are sensible children and have been on it every day since they got it (weather permitting!)

Just wondered though - if your child has a friend round to play in other words you're not childminding them do you stick to the same rules i.e only one on a time?

I've adapted the Bromley childminding website trampoline policy and permission form this afternoon and got the mum to sign that, it states I will follow manufacturer's guidelines.

**FizzysFriends** · 22-11-2009, 07:24 PM

No I don't stick to the rules when its friends of DD round to play or friends children visiting.

**patevans** · 22-11-2009, 07:33 PM

I got rid of mine too, too much hassle and hated the big horrid thing!

**Blaze** · 22-11-2009, 07:40 PM

The only problem I have ever had with trampolines is when a child is too heavy (according to manufacturer's guidlines) for the smaller trampoline - but too young (again according to the manufacturer's guidelines) - I do wish bit more common sense was allowed!

**nokidshere** · 22-11-2009, 09:00 PM

Originally Posted by Cazz

Just wondered though - if your child has a friend round to play in other words you're not childminding them do you stick to the same rules i.e only one on a time?

.

You can still be sued under common law if a friends child has an accident in your home. You have a duty of care for any visitor to your house and, if the children are on the trampoline disregarding the manufacturers instructions, (ie no more than one at once) and has an accident - you would still be liable.

**sarah707** · 22-11-2009, 09:15 PM

Originally Posted by nokidshere

You can still be sued under common law if a friends child has an accident in your home. You have a duty of care for any visitor to your house and, if the children are on the trampoline disregarding the manufacturers instructions, (ie no more than one at once) and has an accident - you would still be liable.

Very good advice.

Unfortunately it is becoming more common that people are using any accident as an excuse to sue.