Less Stress, a better 'Service'. The need for suitable and sufficient Risk Assessment of Stress

Being a priest in the Church of England I have seen many colleagues made ill by the high demands on their time, and own spiritual needs. As a self-supporting-minster (SSM) I have, in my earlier days in the role, attempted too much and felt the pressure of balancing Church, family and my full-time career too great.  

Do not make the mistake of thinking in the context of this post that a little stress is good. This post is concerned with those ‘stressors’ that create in the person a state of ‘distress’, and all of its associated problems.

Broadly this post considers the issue of stress and the possible failings of a loving church. Now before everyone jumps with shock at the above insinuation I write not accusing any particular church in general, but rather their failing to understand! If you are asking why in a Blog dedicated to disability is this issue being raised then, as you will read, it indeed lead to disability through mental illness and more.

Who this is aimed protecting at is ‘everyone’ giving their time to a church, not necessarily the ordained ministers, or paid lay workers. Though one should note that in the case of the President of the Methodist Conference v Preston[i] it was held that Ms Preston, an ordained minister, was not an employee but rather an ‘Office Holder’; which echoed a previous case that also came before the Courts.[ii] As this is not aimed at the conversation regarding who is employed or not I shall move on.

If a Church body makes the mistake of thinking that as an office holder health and safety law, (in particular in this post ‘health) does not apply then they are wrong. Although the sections of the Health and Safety at Work Act 1974 (HSWA74)[iii] may not apply to office holders, section 3[iv] most certainly does, as it does for all people supporting churches week in and week out..

We must also take note of the provisions of the Management of Health and Safety Regulations (MHSAW)[v]. Under the MHSAW regulations an employer is duty bound to make a “…  suitable and sufficient assessment of —…

(b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking, for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions …

Any assessment such as is referred to in paragraph (1) or (2) shall be reviewed”[vi]

This section is not reliant upon employer-employee status; instead it requires that the employer (the Church) conducts risk assessments that are suitable in that they cover the risk they aim to deal with. And, sufficient in that are detailed enough in the circumstances.

If one takes into account the Health and Safety Executives information on its web site,[vii] then there should no doubt about the need for such an assessment; not just for the clergy, but for all of God’s children serving our churches.

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[i] [2013] UKSC 29

[ii] Percy v Board of National Mission of the Church of Scotland [2006] 2 AC 28. T

[iii] HSAW74 (Ch.34) In particularly Section 2; General duties of employers to their employees.

[iv] HSAW74 Section 3. General duties of employers and self-employed to persons other than their employees.

[v] 1999 No. 3242.

[vi] MHSAW Regulation 3

[vii] https://content.govdelivery.com/accounts/UKHSE/bulletins/184c6ec

Cite this article as: Fr. Jeffrey A.Leach.OSP, " Less Stress, a better ‘Service’. The need for suitable and sufficient Risk Assessment of stress.

" in Disabling Barriers to Church Blog,12^th March 2017, http://disablingbarrierstochurch.blogspot.co.uk/

Taxi fees and refusal to carry disabled passengers

           This is not a post directly related to disability and inequality within churches, but rather one that will affect many people who attend church. Thus I have decided to post it for you to share with everyone in your parish who may find the information of use.

The media, as well as many blogs and Facebook instalments, have highlighted the problems disabled people face when wishing to access private hire vehicles. From the sixth of April (2017 next month) another part of the Equality Act 2010 is enabled.[i]

What the newly enacted law, qualifies within the Equality Act 2010, that not all Taxi’s and private hire vehicles must be able to carry a wheelchair user ‘in their wheelchair’.[ii] So the person requiring the use of a taxi must ensure that when phoning for one, that they make it clear that they need a cab that permits them to enter and exit whilst remaining in their chair.[iii]

For passengers who can get out of their chair and into the vehicle then the driver must secure the disabled persons chair, and any luggage for them.[iv] The legislation also says that the driver should; “give the passenger such mobility assistance as is reasonably required.” [v] How this sits next to the safety of the driver is confusing and unclear, especially if a driver is injured helping the person?

            The driver does not have to carry a second person in a wheelchair at the same time if the driver does not think it is safe. I will avoid boring you with the other safety details, but never the less anyone being transported must be safe.[vi]

            Finally a disabled person must not be charged more for their journey just because of their additional need.

Any breach of this legislation can lead to a fine of unto £1,000. for the driver[vii]

Cite this article as: Fr. Jeffrey A.Leach.OSP, " Taxi fees and refusal to carry disabled passengers" in Disabling Barriers to Church Blog, 7^th March 2017, http://disablingbarrierstochurch.blogspot.co.uk/

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[i] 2017 No. 107 The Equality Act 2010 (Commencement No. 12) Order 2017 which brings into force sections 165 and 167.

[ii] Ibid Section 167

[iii] Equality Act 2010 Section 165 (4)

[iv] Ibid 165 (5)(c)(d)

[v] Ibid 165 (4)(e)

[vi] Ibid 165 (5)

[vii] ibid 2010 s.165 (4)(b)

Church Seating and Equlity

There are few things that can get a church committee more ruffled more than issues around seating Especially pews.

So, I will begin with said pews. I have to admit that I was very much against having them in our churches, both as a user and disability advisor. But over the past couple of years I have been told by several users of pews who were either disabled, or elderly, that the pews are; “great to hold onto, and even pull oneself up to a standing position”. I have therefore been wrong to ‘throw the baby out with the bathwater’; thus, this post it is about making sure your seating is a provision for ‘everyone’ including disabled people.[i] However, as I have previously there had to be careful use of pews noting the needs of disabled people. Disability can come in many form, See my post ‘Provision Criteria and Practice’ (below).

Pews are on the whole items installed into many of older churches, along with many more changes, by the Victorians. As such older church committees wishing to remove pews with find that the Victorian Society will oppose such changes (in the Church of England the Faculty Jurisdiction Rules 2015[ii] apply). This should not be seen as a nuisance, but rather a hurdle one needs to take, but rather a thoughtful, and often helpful, process behind the changes proposed.

What do we want and need from our seating?

1.     Well as mentioned stability for people who need something to hold onto to. But do please note, never fall into the trap of regarding a person’s ‘walking stick’ as something they should use to get up. The clue is in the name ‘walking’ stick, or sticks, which are for assisted walking. This applies also to walking frames.

2.     The seating should give ample leg space, especially when the attendees to a service or other function, may be sat for a long time.

3.     If moveable seating is used then the seats should stackable in a safe way, and those stacking them should never have to ‘drag’ them across the floor. This does not just create a safety risk for the stacker[iii] who may be a paid to do this role, or others persons not paid.[iv] As well as harm the floor surface with scratches; buy may cause the floor to become raised consequently creating a scenario where by a person with poor, or no eyesight, and those with mobility impairment to trip.[v] One should not miss the fact that under other legislation creating manual handling roles should be avoided if possible, where this is not possible a full risk assessment to decide on the safety way of undertaking the task.[vi]

4.     The seating should allow a provision to be added to raise the seat for people who do struggle to stand to have a higher seat. For example, attachable/detachable cushions, and attachments for raising the height of the legs. The Equality Act requires changes to be made to accommodate disabled people,[vii]

5.     Does your new, or planned, seating have somewhere for Bibles and other literature to be stored during the service? If not this can become a problem for many disabled people who have poor eyesight, or difficulties created by mobility and dexterity problems. Not to mention the trip risks created by such items laced on the floor.[viii]

6.     If you look down at a seat is it clearly demarcated from the floor below; or could the colours blend if you have dementia of poor vision? If so then seating should stand out, and your choice of replacement seating should account for this.

7.     Have you a system in place to maintain and clean all types of seating you have and use? If not, you should have one under the Health and Safety at Work Act. The Act covers churches.[ix]

8.     People with mobility issues may wish to sit near the back of church, certainly in the churches I know everyone wants to sit at the back. However, those with mobility needs may wish to sit were that can come and go, should they need to, for example using the toilet. As such we need to remember in God’s house no one has preferential (other than Bishops) seating needs unless the above applies – so no saying to a new comer, ‘excuse me that’s my seat’. Failures such as this, and other disability related issues in this post may well give rise to a claim of Indirect Discrimination under the Equality Act.[x]

9.     Ensure you have in places a system where by wheelchair users can place themselves next to relatives. That’s may mean shortening rows, even pews – but do get the legal permission first.

I hope you have found this short introduction in to Church seating helpful?

If you need other information, or comments to share please email on fr.jeffreyleach@gmail.com

Cite this article as: Fr. Jeffrey A.Leach.OSP, "Church Seating" in Disabling Barriers to Church Blog, 1^st March 2017, http://disablingbarrierstochurch.blogspot.co.uk/

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[i] Section 6 Equality Act 2010 (Ch.15)

[ii] No.2015 1568

[iii] Health and Safety at Work act 1974 (Ch.50) Section 2 for anyone paid by the church for such tasks.

[iv] Health and Safety at Work Act 1974 Section 3, Any other persons.

[v] Health and Safety at Work Act 1974 Section 4, Occupiers Liability.

[vi] Manual Handling Operations Regulations 1992, section 4. (SI.1992 2793)

[vii] Section 20-22 Equality Act 2010

[viii] Section 5 of the Workplace (Health, Safety and Welfare) Regulation 1992 (SI.1992 3004)

[ix] Section 3 The Management of Health and Safety at Work Regulations 1999 SI.1999 3242)

[x] Section 19 Equality Act 2010 (Ch.15)