A Southland kindergarten is facing a catch 22 situation because if it meets the building code requirement to provide access for people in wheel chairs it will not be able to keep children safely in its grounds.
As the Southland Times says:
It is madness, just madness, to require a kindy to lower the exterior latch of its gate to afford easier access for the disabled, if this puts it in reach of little 3 and 4-year-olds to escape, and go play in traffic.
. . . It might seem like there’s an element of Cock Robin to the Invercargill City Council’s assertion that it cannot issue a Code Compliance certificate because its hands are tied.
Actually, that might be right. The real sticking point does appear to be a Department of Building and Housing ruling in favour of the Building Act.
The act, bless it, does require reasonable and adequate access for the disabled.
As far as the kindy is concerned — and presumably this would apply to other kindergartens as well — this has been interpreted as meaning the external latch on the main gate must be lowered from 1.6m to 1.2m. Kindy kids are well capable of employing a little low cunning to get around that suddenly successful obstacle.
The snortworthy conflict here is that there are also requirements under our laws for early childhood education that require, every bit as implacably, that children cannot leave the centre without the knowledge of staff.
Council environmental and planning services director William Watt sympathises that the kindy is caught between a rock and a hard place.
So it is. The rocks are in the heads of the bureaucrats. It’s tempting, though unfair, to add that the hard place would be their hearts. In truth, they do, of course, understand the need for reason to prevail. They just seem to need some motivation to ensure they play their own parts to achieve this.
Among those who have become involved is Invercargill MP Eric Roy, who sees the alarming big picture of every childcare centre in the country having children at risk when they undergo re-licensing or try to make improvements to their facilities.
He says that when he asked Education Minister Chris Carter which was more important, disabled access or children’s safety, the response was that “both needs must be considered equally”.
Such an answer is palpably nonsense. Not everything balances.
Dead kids versus denied disabled? One of those outcomes actually is worse. See if you can guess which one, Minister.
At least the Minister of Building, Shane Jones, made more sense when he replied that a solution must be found that meets the purpose of both the Building Act and early childhood regulations.
Seldom do we find ourselves quite so relieved to receive a statement of the bleeding obvious.
This is the problem with one-size fits all regulations.
Of course people with disabilities should be able to have reaonsable access to public places, but that right must come second to children’s right to be safe at kindy.
When our daughter was young I occasionally invoked the this-is-a-matter-of-safety clause clause which she knew was non-negotiable. The Building Act needs to have a little flexibility to apply the same rationale so that rights of access give way to safety if they’re in conflict.
What we need here is not so much the law of common sense as common sense law.