SCHOOL JOURNEYS

This briefing note considers some of the key issues to be considered when planning and undertaking school journeys, in particular: legal responsibility of teachers for the safety of pupils; practical steps to be taken when organising journeys; and particular legal requirements relating to use of outdoor activity centres and school transport.

Legal Responsibility for Pupils

The legal liability of an individual teacher or head teacher for an injury sustained by a pupil on a school journey will depend on whether or not the injury is a direct result of some negligence or failure on the part of the teacher or head teacher to fulfil their duty of care to the pupil. There is no legal liability for any injury sustained by pupils unless there is proven negligence by the teacher.

The standard of care required of a teacher is that which from an objective point of view can reasonably be expected from teachers generally applying skill and awareness of children's problems, needs and susceptibilities. The law expects that a teacher will do that which a parent with care and concern for the safety and welfare of his or her own child would do, bearing in mind that being responsible for up to twenty pupils can be very different from looking after a family. The legal duty of care expected of an individual teacher is, therefore, that which a caring teaching profession would in any case expect of itself.

This means in practice that a teacher must:

• ensure supervision of the pupils throughout the journey or visit according to professional standards and common sense; and
• take reasonable steps to avoid exposing pupils to dangers which are foreseeable and beyond those with which the particular pupils can reasonably be expected to cope.

Instructions given to pupils cannot be regarded always as enough. The possibility that there may be challenging behaviour has to be taken into account, together with the risk the pupils may encounter if they disobey instructions, but equally pupils must be given a latitude consistent with their ages and levels of personal responsibility.

Employers have "vicarious liability" for the negligence of their employees at work. This means broadly that the employer takes responsibility if employees do not fulfil their safety obligations at work properly. Where a legal claim is made following an accident, and there is a suggestion of negligence on the part of the teacher, any claim will be likely to be directed against the teacher's employer rather than against the individual teacher.

Organising a Journey

Teachers should not be expected to start from square one without assistance and advice when asked to organise a school journey. Most LEAs have now issued general guidance on this area to be applied to the particular circumstances of the planned journey or visit.

The DfEE has also issued detailed guidance in its document, "Health and Safety of Pupils on Educational Visits". This sets out guidance applicable to the organisation of all school journeys. The DfEE emphasises, however, that teachers should ensure that they always comply with any LEA or school guidelines when organising school journeys.

The DfEE guidance covers the legal responsibilities of those organising visits and contains guidance on the various stages of planning visits, staffing and supervision ratios, preparation of pupils, special considerations for particular categories of pupils, transport and insurance matters, emergency procedures, and special considerations when planning trips abroad. It also includes a series of model forms for use at all stages of organising a trip.

The following points are put forward by the NUT for consideration by teachers organising school journeys and identify some areas where the NUT believes that the DfEE guidance, and some LEAs' guidance, do not go far enough in their terms.

The Planning Process

• The group leader responsible for organising the journey should ensure that the headteacher is fully informed of the proposed arrangements during the planning process. The proposals for the journey, including all of the matters set out below, should be presented to the headteacher for agreement. Any colleagues who will be involved in or otherwise affected by the journey should also be fully informed of arrangements.
• A "risk assessment" should be undertaken for the proposed journey which sets out clearly the steps which will be taken to ensure that risks are eliminated or minimised. Many LEAs provide detailed guidance and standard forms for this purpose. The DfEE guidance also includes detailed advice and checklists on this area.
• Whenever possible, the group leader should make a preliminary visit to the places to be visited o become familiar with the places and activities that will be encountered.
• After the visit is over, there should be a review to feed back any problems and consider any matters arising out of the visit that may be relevant on future visits.

Staffing and Supervision

• Levels of supervision and staffing ratios should be carefully considered bearing in mind such factors as the sex, age and ability of the children, the presence of pupils with special educational needs, the nature and length of the journey, the nature of activities to be undertaken and the experience and competence of the staff involved.
• Adequate staffing ratios must be established for the journey. The DfES recommends the following staffing ratios as a general guide for visits to local historical sites and museums or for local walks:
  • 1 adult for every 6 pupils in school years 1 to 3 (under 5s reception classes should have a higher ratio);
  • 1 adult for every 10-15 pupils in school years 4 to 6;
  • 1 adult for every 15-20 pupils in school year 7 onwards.
• The NUT believes that these figures should be regarded as the minimum appropriate staffing ratios for school journeys. Higher ratios may be appropriate, in particular, as the DfES recognises, for higher risk activities, for particular groups of pupils or for all trips abroad. Higher ratios are also prescribed by the DfES for swimming activities.
• The NUT advises that the above staffing ratios should preferably be interpreted as referring to the number of teaching staff needed to supervise the party. Voluntary helpers may be involved in assisting teachers with the organisation and supervision of visits but teachers will retain primary responsibility for supervising the party at all times.
• The NUT advises that a minimum of two teachers should be involved in every school journey, regardless of how many other adults are helping. Given the possibility of members of the group needing to be taken home or back to school or to hospital, at least two teachers are needed in order that one teacher may remain in charge where another is called away. With a mixed party it is obviously desirable that there should be teachers of each sex accompanying the group.
• All helpers should be briefed as necessary to ensure they are able to assist effectively.
• The NUT advises that at least one member of staff should be a competent first aider and aware of the special medical needs of any pupil.
• For swimming activities, appropriate supervision by qualified lifesavers should also be available.

The above can all be verified by visiting the DfES guidance at the link below:-

Health and safety of pupils on educational visits

Parents

• Parental consent forms should be obtained in advance for each child participating in the journey. These should cover such matters as emergency medical treatment, medical conditions, GP's address, dietary requirements, home telephone number and address etc.
• Parents should be given full written details regarding the organisation of the visit, even those involving only short trips during the day, including the purpose, destination and location of the visit; the programme; the dates and times of the visit; travel and accommodation details; standards of behaviour expected of children; staffing details; details of special clothing required; insurance details; telephone numbers; and emergency procedures for contacting parents.

Safety and Emergencies

• A clearly defined code of safety practice for the journey, including in particular rules of conduct and behaviour standards required and routine and emergency safety procedures, should be laid down in advance and made known to all participants and parents.
• Insurance matters must be given careful consideration. This includes medical insurance as well as liability cover for out-of-school activities.
• The head teacher or another appropriate contact point within the school should be provided with the programme for the trip, contact telephone numbers while on the journey, the planned emergency safety procedures and a full list of all participants and their home addresses and telephone numbers. A chain of contact should be arranged in advance from that person for swift communication in case of emergency.

Safety at Outdoor Activity Centres

The Adventure Activities Licensing Regulations 1996 require that persons offering certain adventure activities on a commercial basis to young people under the age of 18 must have a licence to do so. The regulations cover LEA run centres but do not, however, cover non-commercial centres or schools offering activities to their own pupils.

Schools which use activity centres run either by commercial bodies or by the LEA should check that centres offering the following activities have an up-to-date licence as required by the regulations:

• Caving (including pot holing, mine exploration and cave diving).
• Climbing (including rock climbing, abseiling, gorge walking, ghyll scrambling, and sea level traversing).
• Trekking ie journeying on foot, horse or pedal cycle or ski-ing over terrain which is moorland or more than 600 metres above sea level and from which it would take more than 30 minutes travelling time to reach any accessible road or refuge (including walking, fell running, orienteering, pony trekking, mountain biking, off-piste ski-ing, off-piste snowboarding, skating and sledging).
• Watersports (including canoeing, kayaking, dragon boating, wave ski-ing, white water rafting, sailing and sailboarding).

The licensing authority, Tourism Quality Services Ltd, must ensure before granting a license that:

• the centre's operators have assessed the risks to young persons engaged in the particular adventure activity and instituted the necessary safety precautions to control the risks; and that
• the instructors have the training, experience, qualifications, personal qualities and communication skills to ensure the safety of participants (taking into account their age and any special educational needs).

The NUT advises schools to consult the licence register before making any bookings. Tourism Quality Services can be contacted at 24 Lambourne Terrace, Llanishen, Cardiff CF4 5ZJ (Tel: 01222 755715).

The NUT advises that LEA-maintained schools should seek the advice of the LEA before booking places at an activity centre offering activities that are not part of the licensing scheme. Grant-maintained and independent schools will need to seek other appropriate external advice.

All schools organising visits to activity centres should, nevertheless, satisfy themselves that the activities offered, the type of instruction, the level of supervision and any prevailing conditions on the day an activity is scheduled to take place are suitable for their own particular group of children before embarking on any hazardous pursuits.

Safety on School Transport

Further Guidance

DfEE Guidance Document, Health and Safety for Pupils on Educational Visits - a Good Practice Guide (December 1998), available free of charge from DfEE Publications Centre, PO Box 5050, Sudbury, Suffolk CO10 6ZQ tel 0845 6022260 fax 0845 6033360) or from www.dfee.gov.uk/circulars/dfeepub/contents.htm

Action Points for Safety Reps

• your school has copies of LEA guidance and DfEE guidance documents;
• your school's procedures on school journeys are in line with DfEE and NUT guidance and LEA policy and are made known to all staff;
• your school's procedures are actually followed in your school.

Checklist for School Journeys

1. Is the teacher familiar with the areas into which the pupils are being taken?
2. Has the journey been thoroughly organised and prepared, including such items as clothing, food and rest?
3. Is there a complete programme of supervision?
4. Have the parents been given full details of the journey?
5. Have parents given consent and provided relevant medical history?
6. Is there a high standard of discipline at all times?
7. Is there an adequate staff-pupil ratio?
8. Is there at least one first aider with each group?
9. Are first aid materials readily available at all times?
10. Are all emergency procedures fully understood and practised, e.g., fire drill?
11. Is insurance cover appropriate and adequate - including teachers= insurance for vehicles when conveying pupils?
12. When travelling abroad in an EU country, are staff aware of the reciprocal health insurance arrangements? (See Form E/111c/28 available from the DSS)
13. When a tour operator is involved, it is strongly recommended that the tour operator should be a member of the Association of British Travel Agents and that care is taken to see that all arrangements entered into are honoured.

Specimen Information to Parents

Dear Parent

It is hoped to include your child in the school party proceeding to ...................................... on .................................................... and he or she may have the opportunity to participate in the following activities:

1.

2.

3.

There will be ................... boys and .................... girls in the party together with ......................... members of staff. The teacher in charge will be ....................................

In your child's interest it is important that you should sign the attached Agreement Form and declare any known medical condition from which your child may be suffering with an indication of any medication that he or she may be receiving.

Yours sincerely





HEADTEACHER

Specimen Parental Agreement Form

My son/daughter is in good health and I consider him/her capable of taking any part in the activities as detailed in a letter dated ............................................

In the event of illness or an accident, I consent to necessary medical treatment which might include the use of anaesthetics.

I agree to my son/daughter taking part in the school activity as detailed in a letter dated .....................................

Signed ................................................................ Dated ...........................................

Address and Telephone Number
...........................................................................................................................................
...........................................................................................................................................
...........................................................................................................................................

Please complete and return to the Head teacher, together with any relevant information concerning your child's health. Please declare any known medical condition and any medication which he/she is receiving.

Home