Author: Robert Henshaw, Quest 88 Limited Date: 12th June 2006

Q: Dear Sir - I have recently had a problem with one of our area Active Sports Coordinators stopping a child from using their Kaye-walker during sports day activities at school. This little boy enjoys sport and has always until that point used his Kaye-walker during class sports sessions and at his after school club where he uses it to play football and other games.

Many thanks.

A: Thank you for your mail.

In the strictest sense as the Kaye Walker is registered as a Class 1 Medical Device we have to stipulate an intended use. This will include strict criteria to ensure that the user remains safe. As Quest 88 cannot monitor every user, we have to take a narrow view, yes for liablity reasons but also in anticipation that somebody somewhere may just push the boundaries too far and put themeselves or someone at risk of injury unless we clearly spell out the risks.

In this instance I think it all comes down to the demarcation of responsibility.

The walker is presumably supplied by the NHS trust and legally belongs to the trust. It is therefore the responsibility of a delegated NHS represenatative to determine the application of the walker and the safety parameters for its use. If it is suggested that the walker be used outside its intended use (as stipulated in the product user instructions), a risk assessment should be carried out for the activity in question.

The school will have its own health & safety policy and employer and public liability insurance to protect the staff and children under it's care, perhaps this is where the difficulties lie.

Unfortunately we live in a culture of fear. Whilst you and I may consider that "common sense" and professional integrity be sound enough, Insurance companies, especially, demand things to be black and white, sometimes to the detriment of a child's social and physical development.

You may have seen the following on our website bulletin board and I hope it is of some help, again I think the biggest hurdle you face is pusuading the school to concur. Perhaps a risk assessment/report in your professional capacity, covering this particular child's technical abilities may pursuade them, but stay clear of any kind of personal recommendation or endorsement.

Please note that ongoing maintenance is key, should the walker be used in a more strenuous fashion.

I am sorry I can't be any more committal than this. Even if we were to bring out a range of walkers geared towards sport and recreation we would still face the same issues as no two children and no two environments are alike. User instructions need to be all things to all men. I have seen children ice skating in walkers and in one case a kaye walker being used with only three legs in order that a boy could kick a football, half of me smiles, the other half cringes!

Please let me know how you get on.

“Do not use the Walker on any inclined surface or steps and stairs. Do not use on uneven ground. If the Walker is used outdoors in wet weather, wipe off all mud and dry the frame immediately.”

It is firstly important to understand that the Kaye Walker is primarily designed as a gait training device to be used in a controlled environment such as CDC’s, Physiotherapy Departments and Hospital Gymnasiums. It has been so successful that it has since become more widely used as an aid for daily living, for walking at school and in the wider community. Using the Kaye Walker outdoors is still within the products intended use. It is when slopes and uneven surfaces become a factor, that you may be using the walker outside of its intended use.

In this instance a multitude of factors emerge that may affect the users control and balance: 1. The level of supervision and/or restraint. 2. The severity of an incline. 3. The type of surface and its condition. 4. Weather conditions. 5. Other children. 6. The user’s ability to slow down or speed up. 7. Cars, coaches etc. 8. Door thresholds. The list could go on.

It now becomes the responsibility of the Health Representative or the parent, if privately purchased, to make any decision to allow the use of the walker beyond its intended parameters. This is a decision that must take into consideration the child’s physical abilities, the child’s home and /or school environment and a full risk assessment including the likelihood and severity of any potential hazards.It is in short, a fine balance between maintaining the child’s safety at the same time as trying not to stifle the child’s new found independence.

 
Please also be aware that using the Kaye Walker outside of it’s intended use may mean greater and quicker deterioration of its components and extra vigilance should be applied, especially the checking of nuts, bolts and tube fastenings.