Policy For Staff Supporting Individuals Travel In Motor Vehicles

Introductory Statement

Hayfield has this policy in order to provide clear guidelines to all staff when they are involved in supporting individuals travelling in any motor vehicle.  The Policy is non-contractual and Hayfield reserves the right to alter or withdraw it at any time.

Hayfield is committed to ensuring that we provide for the health, safety and welfare of all staff and those we support by designing our policies to minimise the risk of accidents and unforeseen events.

We continue to encourage staff supporting individuals who wish to travel, to use public transport rather than a staff member’s car, wherever possible and appropriate, in order to maximise the individual’s skills and knowledge of living in the community.

Duty of Care

All staff should be aware of their legal duty of care towards those we support and to themselves.  We recognise that this duty is informed by individual choice and capacity and that it is not possible to prescribe all actions to cover all situations.  However, Hayfield expects staff to take reasonable precautions in terms of their actions and statements to those we support to maximise everyone’s safety.

Use of Staff Vehicles

Any use of a member of staff’s own vehicle needs to be compliant with the rules laid down by Hayfield.  In particular, the vehicle requires to be roadworthy, fully insured for business use, have current road tax and M.O.T.  The driver must be in possession of a full and valid driving licence.

Mobile phones or similar devices must not be used whilst driving.  This includes, without limitation, making calls, sending text messages or using a video telephone device.  If there is a need to respond to a call, or a need to make a genuine emergency call, then drivers should pull into the side of the road, in a safe place, prior to using their phone.

All drivers are required, by law (Road Traffic Act 1988), to wear a seat belt, unless they hold a Medical Exemption Certificate.  The driver is legally responsible for ensuring any children are appropriately restrained, i.e. by using an appropriate baby seat, child seat, booster seat or booster cushion.

In case of doubt, the driver should consult the Highway Code for guidance (www.highwaycode.gov.uk)

Staff are not permitted to transport people we support as passengers on motor bikes, scooters or similar vehicles, as the risks related to these types of motor vehicles are substantially higher than travel in car, taxi or minibus.

Travel by Motor Vehicles – Staff

When at work, Hayfield requires all staff, unless legally exempt, to wear seat belts when driving or travelling as a passenger in all vehicles where these are fitted.  It is recognised that this is a legal requirement for most types of vehicles and specifically is legally required when travelling by: private cars; hired vehicles; taxis; including hackney cabs; and vans.  It is also a legal requirement to wear a belt, where fitted, when travelling by bus, minibus or coach, if these are fitted.

Staff supporting any individual travelling, using a car owned by that individual or used by them, e.g. a mobility car, relatives’ car, should always wear a seat belt.

The only exception to this policy is where a staff member has a current Certificate of Exemption from their General Practitioner.  This exempts them from the compulsory legal requirement to wear a seat belt.  This Certificate should be given to their Manager who will be responsible for forwarding a copy to the Director.  The original certificate will be held in that individual’s personnel file.  The Manager, in consultation with the Health & Safety Officer, will determine whether or not it is appropriate for that individual to travel by motor vehicle as a part of their work for Hayfield.

Staff having health concerns about wearing a seat belt should consult with their GP for professional advice.  Expectant mothers should note that the law requires them to wear a seat belt, unless they have a Certificate of Exemption.

Travel by Motor Vehicle – Service Users / People We Support

Whenever a person we support wishes to travel by motor vehicle, it is important for staff to ensure that the person being supported is fully informed and made aware of both the legal requirements and the Health & Safety reasons for wearing a seat belt.

Where the supported individual has a Certificate of Exemption from wearing a seat belt, this should be noted within the Personal Support and Development Agreement/Care Plan/Risk Assessment and alternate means of transport considered.

It is envisaged that the vast majority of those we support will be happy to wear a seat belt when travelling, both on their own and whilst with staff.  Where travel is a part of any support Hayfield provides, the support plan should constructively and sensitively address the issue or wearing seat belts.  In the rare circumstances that an individual is not prepared to wear a seat belt and is not exempt from wearing one, the journey should not be undertaken by staff.  Such instances will be rare and will normally be something that can be identified in advance of any journey being undertaken and therefore can be fully discussed with the individual.  In such cases, staff should discuss the matter with their Manager, who will determine the appropriate actions to be taken.  It may be appropriate for Managers to discuss this matter further with multi-agency partners through a formal review process.

Good support planning and consultation with individuals should amicably resolve the vast majority of objections an individual may have to wearing a seat belt.