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Organising School Journeys

Loco Parentis   Package Travel Regulations   Responsibilities
Activity Centres   Negligence   Transport    Useful Contacts

Does your school have a School Journey Policy? Here is one you can download and adapt to your needs. Click here to download the policy (it is free).

What follows are some useful information and guidelines on planning a visit or journey. They are not exhaustive nor do they cover every eventuality.

Things to consider

Insurance
It is vital for all participants in any out-of-school trip to be fully and appropriately insured. There are a great many travel insurance policies and firms to choose from, and it is important to study the small (and not-so-small) print of the policy before paying the premium. It is also important to ensure that the insurance includes cover for possible personal liability (‘third party insurance’) for all adults who are responsible for pupils on the trip.

It is essential to know what risks are excluded. While many policies, for example, do not cover rally-driving or flying in small aircraft, some also exclude horse-riding, and such an exclusion could be critical if the package includes pony-trekking or riding. The standard employer’s liability insurance provided by the school or local authority is unlikely to provide cover for this important risk.

Travel companies


It is esential to check that the travel company you plan to use is a member of the Association of British Travel Agents (ABTA) or the Association of Independent Tour Operators (AITO).

Passport and Visa Requirements

It is important to gain information about the Visa requirements of the countries you are going to, and the procedure to obtain it. The visa requirements may be different for  different Nationalities in the party. If you are going to use a group passport, allow plenty of time for collecting phots and the processing of the passport. Go to travel links.



Loco Parentis: The Duty Of Care

The landmark case of Fitzgerald v Northcote in 1865 clearly established that the authority (and responsibility) of a teacher in relation to a pupil is broadly the same as that of a parent in relation to a child, while the pupil is under the teacher’s control. This is often referred to as the in loco parentis responsibility.

The Courts’ judgement is that parents, on sending a child to school, delegate their own authority to the teacher so far as is necessary for the child’s welfare and reasonable to maintain discipline, in both the interests of the school as a whole and (above all) of the individual pupil. This principle is reinforced in the Children Act 1989.

Courts take the view that teachers should act as careful parents; if a teacher is aware of special factors that are not known to the parents, the Courts would expect the teacher to exercise the appropriate amount of care – which could well be higher than that exercised by the parents.
A teacher who takes a party away from school remains in loco parentis throughout the trip. The responsibility cannot be delegated to anyone else. If a teacher charged with the care of pupils is careless in his supervision, he may be liable in negligence to compensate the pupils or anyone else who suffers injury or damage. However, Courts only expect teachers to take appropriate care, having regard to the nature of the visit. Obviously, the more hazardous or demanding the trip, and the younger or less able the pupils, the greater will be the level of care needed.

The party leader carries the responsibility for the children, that person must have the say on the activities.

Volunteers who are not employees of the school or college, have no more power or authority over the children they are accompanying than any other member of the public. You need to check with their insurers as to the standing of such volunteers. What cover would be afforded to them should one such adult volunteer be judged negligent during the course of the visit?

Similarly, the volunteers themselves need to be clear whether they are insured personally through the institution’s own arrangements or whether they need to obtain their own cover. They also need to know what their role, authority and responsibilities on the trip are.

The school or college might be deemed negligent for not sending with the group a sufficient number of its own employees who should have authority.



Package Travel Regulations

In June 1990, the EC Council of Ministers adopted a Directive on package travel, package holidays and package tours.

This EC Directive was implemented by the UK Government in the Package Travel, Package Holidays and Package Tours Regulations 1992, which came into force on 23 December 1992.  Copies of the regulations are available from DTI – telephone 020 7215 0328.

If a teacher organises an off-site trip that lasts less than 24 hours and does not include overnight accommodation, the Regulations do not apply. However, the Regulations impose significant new obligations on organisers and retailers of trips and holidays where:

(i) a ‘package’ is involved; and
(ii) that package is being ‘sold or offered for sale’ at an inclusive price.
Furthermore, an organiser is covered by the Regulations only when acting ‘otherwise than occasionally’.

A package

It likely that most residential trips (including optional field trips) which are offered to pupils will be considered to be packages which are effectively ‘sold or offered for sale’.

For an educational tour to fall outside the scope of the Regulations, it must be part of the course being followed and not merely a voluntary activity undertaken by some pupils. Thus school ski-ing packages will in principle be within the scope of the Regulations.

An Organiser

The Regulations define an organiser as a person who, otherwise than occasionally, organises packages and sells or offers them for sale, whether directly or through a retailer.

A Department of Trade and Industry ruling of 1995 stated that trips would be governed by the Regulations if they were made on a regular basis. The interpretation is that trips organised on a regular but infrequent basis are not, in fact, ‘occasional’.

To be an organiser, the teacher or school concerned must purchase the services that make up a package (eg flights, ferry crossings, hotel bookings) direct from the service-provider. A school which books a package through a professional travel agent or tour company is not an organiser because the agent/company buys the individual services. Such a school is likely to be, in the language of the Regulations, a ‘principal contractor’, a consumer and not therefore subject to the requirements of the Regulations. The travel agent or tour company (rather than the school or an individual teacher) will bear the new obligations.

If a school decides to do its own organising of a package trip which lasts more than 24 hours or includes overnight accommodation, it must first make an informed judgement as to whether it falls within the scope of the Regulations and check all arrangements accordingly.

Schools should be aware that, if they make all the arrangements themselves, they become responsible for the actions of all their sub-contractors.

Be guided by your local Trading Standards Officer – or contact Consumer Affairs Directorate 3a, the Department of Trade and Industry, Room 464, 1 Victoria Street, London SW1H 0ET, telephone 020 7215 0328.



A retailer

A retailer is defined as a person who sells, or offers for sale, the package put together by the organiser. Provided the school and/or its teachers are purchasing (at no additional cost to the pupils) the package on behalf of a group of specific pupils who have agreed to participate in the trip, it is most unlikely that the school or teachers will be acting as retailers.

Even where the Regulations do not apply, it is far better to entrust the organisation of such a trip to a reputable travel company.

Implications for schools

While it is still technically possible for a school to charter an aircraft, and to buy accommodation and other transport and services direct, the Regulations introduced to protect the public on package holidays apply if the school takes on the role of organiser or retailer. Most teachers will see the wisdom of avoiding these new burdens.

Accounting for money

It is essential that any teacher contemplating taking students off-site should first work out a budget for the trip. All elements of expenditure should be listed and costed, eg transport, insurance, additional staff costs, entrance or other fees, board and lodging costs, hiring costs and any other miscellaneous expenditure. A contingency sum should also be built into these costings, shown additionally and clearly identified. The costs should be totalled and divided by the number of students you propose to take in order to arrive at a cost per student. Your calculations should be made available to anyone who might reasonably wish to see them.

If money is left when the visits are over, the sum should be divided equally and distributed to all those who paid to go on the trip. It is not acceptable to run trips in order to make a profit for either the school or a charity, or for any other purpose.

The teacher should keep clear, written and organised accounts of all sums collected as well as an accounts day book showing the date of each transaction, who the payment was to or from, the cheque number and the resulting balance. Every sheet of the day book should be signed by the person maintaining it. Clear receipts must be issued for every contribution from students showing the amount for which the receipt was issued, the total so far contributed and the amount still outstanding.

You must be able to account in detail for all income and expenditure linked with an off-site visit. It is certainly wrong for the lecturer concerned simply to pay the payments into his own bank account; it is equally not recommended that the monies should be paid to the school bursar for investment in the institution’s own funds. A separate account should be set up at a bank or building society, ideally with more than one signatory to cheques.



Party Leaders

Responsibility

Party leaders carry a serious responsibility for the safety of their charges. In the past, party leaders ensured that parents signed an indemnity form stating that the trip was being undertaken at the pupil’s risk. This is no longer valid. Any agreement to exclude or restrict liability for injury or death is unenforceable by virtue of the Unfair Contract Terms Act 1977.

A request to take on a trip a student with a record of serious behavioural difficulties could be a genuine cause for concern for a teacher. If a student misbehaves at school, he can be suspended on a temporary basis. It is more difficult to organise this in, for example, a hotel near the ski slopes.

When carrying out a risk assessment before the trip, these factors will need to be taken into consideration. It may be necessary to seek medical advice from the student’s doctor or the school health service. The ratio of adults to students should also feature in this risk assessment.

Planning and consent

Party leaders must plan the programme of activities carefully and obtain parental consent, particularly where potentially hazardous activities are involved A formal risk assessment should be made. The risk assessment should identify in advance any hazards and who might be harmed; assess the harm that may be caused; set out the best procedures to be followed and the precautions necessary to minimise potential harm.

Risk Assessment

The party leader should have from the parent authorisation for any emergency medical treatment that may become necessary. Party leaders also need to know the details of any medication a pupil has to take and of any medical condition. See sections 37 to 46 of the DfEE publication Health and Safety of Pupils on Educational Visits.



Responsibilities of the Party Leaders and Travel companies

Obligations of the Travel company to the Party leader

The company must provide a clear brochure which sets out precisely and legibly what it offers for sale. The company will provide a travel itinerary showing times of departures, ferry reporting time and expected time of arrival. Acceptance by the party leader on behalf of the school/college/youth group of what is set out in the brochure, or whatever is agreed by exchange of correspondence in advance, constitutes a contract. The company will give details of its emergency response procedure, including an assurance that it is properly contactable round-the-clock. The company will outline clearly the procedure for resolving any disputes arising from complaints by the party leader. The company will make clear in advance to the party leader what conduct it requires of party members during the period of travel. The company will provide an agreed daily programme in the light of advance discussion and agreement. Clear fire drill procedures, and information and instructions about hazardous locations such as swimming pools, will be provided in advance or on arrival for every overnight location. The company will always provide clear guidelines on lines of communication and accountability.

It is the company’s responsibility to deal with all emergency services, insurance companies and the media. After the visit, the company should receive structured feedback from the party leader on the quality of the whole experience bought from the tour company.

Travel

The company will inform the party leader in detail of any instructions for the party’s conduct while travelling. It is vitally important that the company informs the party leader to what extent a coach driver, for example, is ‘in charge’.

It is essential that the company assures the party leader of the driver’s competence. From time to time, problems may arise over the driver’s hours. Timetables should not be devised in such a way that adhering to these would cause the whole arrangements to collapse.

The company will, if requested, inform the party leader in advance of the proposed routes that the coach will take, the approximate distance to be travelled each day or half-day and the intended timing.

The company will ensure that the coach driver has been fully-briefed on the route, parking as far as practicable, access to ports etc. The regulations governing the wearing of seatbelts are well known in this country, and the party leader must be aware of them. The company must inform the party leader if coaches hired abroad are to be used, the legal situation in each of the countries the group will be visiting, and whether seatbelts will be available for the pupils.

Seatbelts do not have to be fitted in coaches in many  European countries.

Swimming

The company will provide clear instructions concerning the use of any swimming pool or such facility at the residential accommodation: the opening times, depth of water, the degree of supervision the company or its agents will provide and what supervision will need to be covered by the party’s own staff. This information will be provided in advance before travel.



Emergencies

The company will provide a list of contact numbers for use in an emergency, day or night. The company will make clear in advance what support it will provide. The company’s emergency response procedure will provide full assistance to the party and its leader. The company will provide staffed, 24-hour, emergency contact numbers which are accessible to the party leader.
The company will deal with the emergency services, insurance companies and the media, liaising closely with the school/college/youth group and ABTA on media matters.

Party leader obligations to the travel company

The party leader will have studied the brochure and subsequent correspondence precisely and know the contents of the school’s contract with the company. The party leader will make staged payments in accordance with the schedule. The party leader will supply the company with the school’s emergency response procedure, tailored for the particular journey. The party leader is in loco parentis. The party leader will conduct a fire safety talk and drill upon arrival at each overnight stop and satisfy himself about the security of the accommodation. The party leader will ensure that the whole party is aware of safety rules while swimming, mountain walking or ski-ing. The party leader will ensure that the point of contact between the company and its representatives is himself.

In loco parentis

The party leader will be aware of his obligations in loco parentis, and other accompanying adults will know their accountabilities and be able to carry them out.

The party leader should be aware of a potential clash of interest if their spouse/partner and/or child/children are in the party. The party leader’s obligations lie first with the party, in this instance, and not with the family. It is not appropriate for free places to be allocated to the party leader’s children.

The party leader is accountable for supervision and control of the party, and should ensure that party members conduct themselves appropriately – causing no damage or annoyance to themselves, other guests, members of the public or property. Party leaders will ensure that pupils are always appropriately supervised.

Contract

The full itinerary of the journey will have been agreed in advance in writing. Party leaders accept that it is not appropriate to ask coach drivers for journeys or hoteliers for services that are outside the agreed contract provision.

Risk assessment

The party leader will ensure the ongoing process of risk assessment and report hazards to the supplier and the company.

Discipline

There should be clear guidelines established at the outset as to how party members who misbehave are to be ‘suspended’ from the visit for bad behaviour. Examples are: having in their possession firecrackers, illegal or dangerous knives; absenting themselves with or without another child.

Fire precautions and security

As soon as the party arrives at an overnight stop, party leaders should satisfy themselves that they are familiar with the geography of the building(s) and surroundings, and are certain of the means of evacuation in the event of fire.

The tragic death in Brittany of Caroline Dickinson, who was murdered in her room in a youth hostel in July 1996, emphasises the need for safe accommodation. Reputable travel companies have put in place sound safety management procedures.

Accidents

Parents must know that a ski trip can result in an accident. Provided that they had acknowledged this and, for example, a novice skier broke a limb on the nursery slope but the party leader was in no way negligent, that leader would not be held liable for the injury.

However, if the learner skier was on a black run or off-piste when the accident occurred, the party leader would have questions to answer. Adequate insurance must be taken to cover all the activities to be undertaken.



Activity Centres

The deaths of students aged under 18 in Lyme Bay and at the Manor Centre, Shropshire, highlighted the importance of choosing an appropriate centre.
As a result of a remarkable campaign by parents and teachers, the Government gave a fair hearing to a Private Member’s Bill which became the Activity Centres (Young Persons’ Safety) Act 1995. This is an Act to make provision for the regulation of centres and providers of facilities where children and young persons under the age of 18 engage in adventure activities, including provision for the imposition of requirements relating to safety. The Adventure Activities Licensing Regulations 1996 came into force on 16 April 1996.

The Regulations provide for the ‘licensing of persons in respect of the provision of facilities for adventure activities’. ‘Adventure activity’ is defined as caving, climbing, trekking or watersports. Each of these terms is defined fully, and for full details members are referred to Guidance to the Licensing Authority on the Adventure Activities Licensing Regulations 1996 L77, published by the Health and Safety Executive (ISBN 0 7176 1160 4, price £9.00 net).

Since 1 October 1997, it has been a legal requirement for those offering certain adventure activities in Great Britain to those aged under 18 years to possess both a valid licence and an appropriate adventure activities licence. It is important for teachers to check whether a provider has the correct  licence before arranging to use adventure facilities.

The aim of the adventure activities licensing scheme is to give assurance that good safety management practice is being followed so that young people can continue to have opportunities to experience exciting and stimulating activities outdoors while not being exposed to avoidable risks of death and disabling injury.

Anyone who provides adventure activities within the scheme to young people under 18 must have a licence and abide by its conditions. The scheme is specifically aimed at those who sell adventure activities to schools and to the public. It does not cover activities offered by voluntary associations to their members (eg the Scouts), schools to their pupils (eg schools which have their own outward-bound style provision) or provision for young people accompanied by their parents or guardians.

The Act does not extend beyond Great Britain so adventure centres abroad, provided for example by a British travel company, are not within the scope of these Regulations. Schools and colleges must still take great care over their choice of provider and there are obvious benefits to using a company which has adopted and implemented a reputable safety management system. If the activities offered are not within the scope of the Regulations, a licence is not required.
The Act does not extend to the Crown, so the Regulations do not place any obligations on the Crown or on crown servants providing facilities for adventure activities in the course of their duties. Cadet force officers are crown servants while on duty.

An educational establishment does not need a licence for its provision for its own students. It does need a licence for provision to students from a different educational establishment or to members of the public. Activity centres, field study centres and other outdoor education centres run by educational authorities or departments are excluded from the definition of an educational establishment and so are required to have a licence.
See also sections 157 to 180 of the DfEE’s Health and Safety of Pupils on Educational Visits.



Negligence

On the estimated one million or more school trips organised in England alone every year, injuries are few and fatalities rare. The number of negligence actions against party leaders is tiny compared with the number of trips.
When negligence is alleged, the case will almost invariably be lodged against the employer, who is vicariously liable and carries insurance for third party liability.

Claims brought solely against individuals are exceedingly rare. If this occurs, the employee may seek to bring in their employer as a co-defendant. Some employers provide a specific indemnity which protects staff against any liability if a claim is made against them personally. However, this is by no means a universal practice. School journey insurance policies will normally provide staff arranging a trip with adequate indemnity against individual liability for an accident. Union members usually enjoy comprehensive protection against claims for negligence in the course of their professional duties or related voluntary activities.

Nonetheless, it is essential for party leaders first to obtain approval for the trip from their employer.

Party leaders must also ensure that they do nothing to jeopardise their insurance cover.

Fireworks

The Royal Society for the Prevention of Accidents (RoSPA) is anxious for schools and colleges to be aware that in some countries of mainland Europe, notably France and Austria, fireworks – which are often highly volatile – are available for sale to young people.

This is in contrast to the legal situation in the UK, and RoSPA would like party leaders to be mindful of the hazard such purchases could cause.

How many adults should accompany a group?

There is no ratio laid down in any statute and, consequently. The concept of reasonableness is important. There must be a reasonable degree of supervision based on a reasonable judgement of the numbers and expertise of adult supervisors that will be necessary, taking into account the nature and hazards of the trip, and the number, age and aptitudes of the pupils. Generally two is the minimum with up to 20 students.



Transport

For trips within the UK, by far the safest and swiftest means of transport for school parties is the train.

If road is the preferred option, coach travel imposes less strain on a teacher than minibus travel. Hire costs are usually very competitive.

From 10 February 1997 new safety regulations on fitting seatbelts to minibuses and coaches came into force. Since that date, it has been a legal requirement for all coaches registered after 1 October 1988, and all minibuses used to carry three or more children, to have seatbelts fitted. Operators of coaches registered before 1 October 1988 were granted a further 12 months in which to comply with the regulations.

The minimum requirement is for every child aged three years up to (but not including) age 16 to be provided with a forward-facing seat with a fitted lap belt in minibuses or coaches used to take them on organised trips – including journeys to and from school. Schools are therefore advised to seek confirmation from coach operators that their vehicles are fitted with seatbelts.

Different rules apply outside the United Kingdom: since October 1997, all new models of coaches throughout the EC have had to be fitted with seatbelts. Since October 1999, this ruling has extended to all new coaches.

Party leaders who take trips by coach abroad need to clarify the provision of seatbelts in coaches with the tour operator.

Minibuses

The law covering minibuses is complex. Some 43 pages of the Croner publication The Head’s Legal Guide, which most big schools will have, cover minibuses. The incidence of accidents involving minibuses has caused a welcome heightening of awareness of the need for drivers to be properly-trained and for the adoption of a clear code of minibus management. In the Autumn of 1996 a code of practice, developed by a range of organisations who use volunteers to drive minibuses and with a major input from the Royal Society for the Prevention of Accidents (RoSPA), was endorsed by all the teaching unions and associations. All schools and colleges should have a copy of this document and should follow its guidance. Additional copies of Minibus Safety: A Code of Practice (RS GEN 146) can be obtained from RoSPA. See also sections 123 to 142 of the DfEE publication Health and Safety of Pupils on Educational Visits.

No teacher should drive a minibus until he has been trained to do so. If the school does not have access to a training course, it may be appropriate to contact RoSPA, which runs training courses from centres all over the country. Teachers who passed their car driving test after 1 January 1997, and who wish to volunteer to drive school minibuses, should be aware that they are required to pass an additional test and to comply with new health standards. If you require further information, please contact the Drivers and Vehicle Licensing Agency (DVLA) in Swansea on 01792 772 151.



Useful Contacts

Adventure Activities Licensing Authority
17 Lambourne Crescent
Llanishen
Cardiff CF4 5GG
Telephone: 029 2075 5715
Fax: 01222 755 757
E-mail: info@alaa.org

The Central Bureau for Educational Visits and Exchanges
10 Spring Gardens
London SW1A 2BN
Telephone: 020 7389 4004
Fax: 0207 389 4426

DfEE Publications
PO Box 5050
Sudbury
Suffolk CO10 6ZQ
Telephone: 0845 602 2260
Fax: 0845 603 3360
E-mail: dfee@prologistics.co.uk

Royal Society for the Prevention of Accidents (RoSPA)
Edgbaston Park
353 Bristol Road
Birmingham B5 7ST
Telephone: 0121 248 2000
Fax: 0121 248 2001

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