What is the duty of care and when does it apply?
Schools have a duty of care to all pupils, including:
- Pupils who are on the school's roll part time (dual registered)
- Pupils with special educational needs (SEN) or disabilities
- Pupils with medical needs
The Department for Education (DfE) told us this.
While there are no absolute duties under legislation or common law, school staff must take all reasonable steps to make sure children are not exposed to unacceptable risks.
A teacher’s duty of care is often described as the teacher acting 'in loco parentis' or in place of a parent. Although it's aimed at teachers, this guidance on education law from the National Education Union (NEU) does a good job of describing the duty.
When does the duty start and end?
Your school is responsible for pupils during: