Expert post: school trips and the law

Tim is an educationalist with more than 20 years of teaching experience. He is the author of several school textbooks and is Ready for Ten's educational expert.

Ready for Ten parent blogger Ian has already been on a school trip with his son and has written a useful post about volunteering at school. Whatever the nature of the activity, trips should always have a clear purpose and parents have a right to know that their child's welfare will be properly safeguarded. But the law on school visits isn't always clear.

Here are just a few of the questions I've been asked about school trips. 

Just who is responsible for health and safety on school visits?

The school's own governing body (or in certain cases, the Local Education Authority) has overall responsibility for the health and safety of both staff and pupils, and is required by law to ensure that a thorough risk assessment is carried out before approval is given for any school trip or visit. There must be a designated group leader for every school trip, and this will usually be the person responsible for organising the activity. There should also be someone trained in first-aid available at all times while pupils are away from school.

What should the pupil to teacher ratio be when my child (aged nine) goes on the school's activity day later this term?

There's no universal rule on this, although generally the younger the children or more adventurous the trip, the higher the ratio of adult supervisors to children has to be. It's up to individual schools to determine the appropriate ratio, although in some cases local educational authorities do so as well. West Sussex, for example, produces very clear guidance for schools in the county and many other authorities do similar things. The Scottish Health and Safety Executive, for example, produces a useful Handbook for Education Excursions. 

What's the situation regarding insurance for school visits, and does this change if pupils go abroad?

Most schools will be insured through the Local Education Authority (LEA)* and although policies vary, they should all cover both personal injury and public liability. In certain cases (for example, trips abroad) it is necessary to take out additional insurance and this is usually done through the company arranging the visit.  

I'm worried about a day-trip my daughter's school is running which involves things like canoeing. How safe can it be?

The Adventure Activities Licensing Authority (AALA) ensures that all activity centres are checked and that staff are qualified to lead such activities, so you shouldn't worry unduly. This is a UK-wide requirement which means, for example, that an English school undertaking an activity holiday in, say, Wales is protected by identical safeguards.

My daughter's school has said I can't go along on a trip with her class because I don't have a CRB check. What is it, and why should I have to have one?

A CRB (Criminal Record Bureau) check is a three-yearly renewable certificate designed to ensure - as far as possible - that people working with children and vulnerable adults don't have any relevant criminal convictions. The system is well established, if rather burdensome. Someone with two part-time jobs at different schools, for instance, may need two separate CRB checks which seems unnecessary and the coalition government has already said it is looking to streamline the system for England and Wales. Disclosure Scotland is the equivalent scheme north of the border.

As far as school trips are concerned, it sounds as if this may be the school's own policy. The law  -- as I understand it -- is ambiguous and some schools can and do get away with allowing parents without a CRB or Disclosure certificate to work with children (for example, as reading mentors). The key seems to be whether the adult is likely to be alone at any time with children, or whether they'll be under the constant supervision of a CRB-checked teacher. 

To sum up, legislation relating to school trips and visits is rather complex, and it's always advisable to check with your child's school if you are in any doubt. The UK Health and Safety Executive produces useful guidance for headteachers which is available on their website.

Useful Links:

The Adventure Activities Licensing Authority 

The UK Health and Safety Executive

Notes:

* a) in relation to England, a county council, a unitary authority, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in relation to Wales, a county council or county borough council; and

(c) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[5];