Still today there are people, including managers and some police officers, who tell staff that they are not allowed to carry and use handcuffs and that only the police can do so. Some staff are even threatened with arrest on the basis that handcuffs are in some way ‘offensive weapons’.
This is not true, but worse than that it is incompetent advice that can leave the advice giver open to certain liabilities.
Qualifications are nice to have, but competence is a legal requirement. That is what you may be asked to prove in a court of law or in an investigation if you are challenged for using handcuffs or for the advice and training that you may have given to someone else who has used handcuffs after being trained or authorised (in the workplace) by you.
THE HEALTH & SAFETY EXECUTIVE DEFINES A COMPETENT PERSON AS:
“A competent person is someone who has sufficient training and experience or knowledge and other qualities that allow them to assist you properly. The level of competence required will depend on the complexity of the situation and the particular help you need.”
SKIBBS v GIBSON 1964
In the case of Skibs v. Gibson 1964 a competent person was viewed in case law as:
The possession of sufficient knowledge, experience and skill to enable the person to know what he or she is doing and to be able to carry out a task in the way in which a person competent in the activity would expect it to be done and to have an appreciation of one’s own limitations.”
Therefore to ensure that you can evidence competence if required to do so, to avoid any unnecessary legal action against you or if you are being challenged in an internal investigation or an industrial tribunal for something you did or someone else trained by you did or if being sued for damages for an incompetent or illegitimate decision made due to lack of knowledge and understanding, this course is a MUST HAVE.
It’s better than any insurance policy you may have because your insurance possibly won’t pay out if you give legally incorrect (negligent) advice, guidance and training.