Amid increasing and arguably disproportionate publicity
about injuries to children on school trips, and teachers’ concerns
about liability in the case of an accident, Mark Blois of law firm
Browne Jacobson explains the relevant law in this area and
signposts the guidance available to professionals.
Reports that something has gone terribly wrong on a school trip
can be a parents worst nightmare especially if it is abroad. A
study conducted by the British Standards Institution (BSI) found
that one in three parents are not aware of who is in charge of
their children’s safety when they are abroad. It also found that 82
per cent think trips overseas for their kids should comply with a
national safety standard.
The teaching unions have, for some time now, been advising their
members no longer to take the legal risk of taking children on
school trips. Certainly, there are such risks associated with
school trips. In terms of civil liability, teachers have a duty of
care under the common law to avoid being negligent. All teachers
owe this duty of care to exercise their professional
responsibilities within the school environment or part of their
extended duties. The law simply expects reasonable competence. It
does not demand perfection. A duty of care will only be breached
if, in the face of foreseeable harm, a teacher has acted in a way
that no other reasonably responsible teacher would have acted.
The threat of negligence claims has recently been muted by the
introduction of section 1 of the Compensation Act 2006. Since then
when considering a claim for negligence, the Court will, in
determining whether the Defendant should have taken particular
steps, whether by taking precautions against the risk or otherwise,
will look at whether the activity in question was a “desirable
activity” and if those particular steps would discourage a person
from undertaking that activity in the future.
Another area of the law that impacts on school trips is health
and safety. The Health and Safety at Work Act 1974, coupled with
the Management of Health and Safety at Work Regulations 1999,
require employers to carry out suitable and sufficient risk
assessments to be able to show that as a result, they took all
“reasonable precautions” in terms of supervision, protection and
training before and during the trip.
The Health and Safety Executive (HSE) recently launched its
sensible risk campaign to encourage a simple and practical approach
to risk assessment which enables innovation and learning.
Importantly the campaign aims to encourage important recreational
and learning activities for individuals where the risks are
sensibly managed. More information can be found at www.hse.gov.uk/risk/index.htm.
Most of the media coverage relating to school trips focuses on
criminal prosecutions of individuals brought under the Health and
Safety at Work Act. It was against this background that individuals
such as Paul Ellis, a teacher involved in the Glenridding Beck
tragedy, were successfully prosecuted for manslaughter by gross
negligence. More recently, the Corporate Homicide Bill has been
announced creating the offence of corporate homicide with the
intention of improving the prospects of successful criminal
prosecution of corporate bodies following fatal accidents. The
legislation proposes a new test for corporate liability focussing
on senior management failure and proposes fines of up to 10% of an
organisation’s turnover where liability is established.
There is plenty of guidance for schools available in relation to
planning school trips. A good starting point in the DfES 1999 Good
Practice Guide: “Health and Safety of Pupils on Educational
Visits”. Supplementary guidance, Health and Safety:
Responsibilities and Powers was sent to schools and LEAs in
December 2001. Most recently, further specific guidance in the area
of “Standards for LEAs and Overseeing Educational Visits”,
“Standards for Adventure” and “A Handbook for Group Leaders” has
been provided. All these are available on www.teachernet.gov.uk.
Additionally, there is a British Standards document 8848,
“Specification for the Provision of Adventurous Activities,
Expeditions, Visits and Fieldwork outside the UK” that will be of
relevant in respect of some school trips. All these documents
promote best practice. They do not have statutory effect, but case
law in both the civil and criminal jurisdictions suggests that
Courts will make reference to relevant advisory materials as prima
facia evidence of either civil or criminal negligence.
Despite engaging so many areas of the law teachers should not
feel the need to cease being involved in school trips. It is true
that neither the duty of the schools under the Education Act 1996
to offer appropriate and efficient education to include
consideration of pupils’ spiritual, moral, mental and physical
development nor the national curriculum requires children to take
part in school trips.
However, the benefits to pupils can be very significant,
assisting them in developing life and social skills and building on
their capacity to manage risks for themselves. After all, adult
life cannot completely exclude all risks and it would surely be
wrong to allow children to believe that all risks can be excluded
or fail to give them the tools to manage those risks. Furthermore,
since the launch of the Children’s Plan the DCFS has as its stated
aim to make this country “the best place in the world for children
and young people to grow up”. School trips and excursions are part
of the relevant package of experiences for children that will
contribute to the achievement of that aim.
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