TEACHERS AND THE LAW |
Teachers' Duty of Care |
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Presentation and Case
Studies |
The teaching profession sets down demanding standards
for its members in relation to the duty of care, an obligation
which covers high standards in both educational provision and
pupils’ welfare and well-being. Increasingly, this professional
code has been underpinned by a wide-ranging statutory framework.
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Historically, teachers’ duty of care was seen
very much in terms of pupil welfare and supervision. However, the
past two decades have seen much greater public accountability in
terms of educational standards (published OFSTED reports, league
tables, etc.). It is important to be aware that teachers and other
education professionals are increasingly facing negligence claims
relating to the performance of their professional
duties. |
A landmark decision in the 1990s by the House of
Lords concluded:
“……a school which accepts
a pupil assumes responsibility not only for his physical
well-being but also for his educational needs. The education of
the pupil is the very purpose for which the child goes to the
school.” |
In a litigious consumer society, where the focus
is on individual rights and entitlements, there is an increasing
tendency to challenge and claim damages where rights are perceived
not to have been fulfilled. |
In education, this tendency has been most marked
in situations where a child’s educational attainment, as measured
by current benchmarks, does not match parental or pupil
expectations. For example, there have been several legal
challenges – to either an individual school or an LEA – about the
adequacy of the provision made for children with Special
Educational Needs. Other challenges have related to the accuracy
of ‘A’ level grade predictions and their consequences for
university admission. |
A healthy sense of perspective must be
maintained. The level of claims and challenges against schools is
low and, to date, almost all challenges have been unsuccessful.
Nevertheless, it underlines the need for schools to develop clear
policies and to implement best practice, and for individual
teachers to be adhering to school policies and best practice in
their day-to-day work with pupils. |
Teachers have a legal duty to take reasonable
care of pupils who are in their charge.
This obligation comes from three sources: |
First, the common
law. The term ‘in loco
parentis’, which means ‘standing
in the place of parents’, is a common law duty regulating
the conduct of everyone who works with children. Teachers have a
‘duty of care’ towards the
pupils in their charge. The common law is largely made by judges
who adjudicate in cases that then become 'case law'; |
Second, statutory
requirements which modify or interpret the common law in
certain respects. For example, the Children Act 1989 states that a
person who has care of a child must do all that is reasonable
under the circumstances to safeguard or promote the child’s
welfare. This applies to teachers and gives them the power to
promote a child’s welfare in a more positive way – it makes the
duty owed much more child-centred. In other words, the emphasis of
the law has moved away from standing in place of the parents and
taking into account their preferences towards the welfare of the
child. This trend has been supported by the adoption, in the early
1990s, of the U.N. Convention on the Rights of the Child and, more
recently, by the Human Rights Act, 1998. These measures confer on
children a full range of human rights; |
Third, teachers’
contractual obligations. Under the terms of the ‘Teachers’ Pay and Conditions
Document’, teachers have a contractual duty to:
- promote the general
progress and well-being of individual pupils and classes; -
maintain good order and discipline among the pupils; -
safeguard pupils’ health and safety both when they are
authorised to be on the school premises and when they are
engaged in authorised school activities elsewhere; - provide
guidance and advice on educational and social matters; - make
records of, and reports on, the personal and social needs of
pupils. |
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>
The Exercise of the Duty of Care by Teachers |
> Negligence |
>
The Standard of Teacher's Duty of Care |
>
The Health and Safety At Work Act, 1974 |
> The Supervision of
Pupils |
> Conclusion |
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