Liability and negligence

What happens if an accident occurs?

It is estimated that schools in the UK organise more than one million trips each year. Bearing this in mind, injuries sustained during these trips are few and fatalities very rare.

Only a small number of actions alleging negligence on the part of teachers are begun; those that are successful generally reflect a failure to consider health and safety appropriately. 

ATL believes that, provided you exercise reasonable care and follow your employer's instructions and policies, you should not be held liable should an accident occur. Before setting off on a trip, it’s therefore very important to know exactly what those instructions and policies are, so do not hesitate to ask questions if you feel unsure. 

The employer, rather than the teacher, will usually face legal action

When negligence is alleged, the case will nearly always be taken against the employer, who is vicariously liable and carries insurance for third party liability. Claims are seldom brought against individuals and, if individual employees are sued, they may bring in their employer as a co-defendant. 

Indemnity and insurance protect you from legal action, should it occur

Some employers provide a specific indemnity, which protects staff against any liability if a claim is made against them personally, but this is not always the case. 

School journey insurance policies will normally provide staff arranging a trip with adequate indemnity against individual liability for an accident. ATL also offers its members comprehensive protection against claims arising in the course of their professional duties or related voluntary activities. 

Nonetheless, it is essential for group leaders to obtain approval for the trip from their employer first, be it the LA, the governors, the proprietor or the trustees.

Group leaders must also ensure that they do nothing to jeopardise their insurance cover ­ by driving off-road, for example ­ if their policy does not cover such activities. The courts do not rush to find schools and teachers or lecturers negligent ­ they accept that accidents do happen. 

You must make reasonable responses to any incidents 

However, schools must show that they have taken reasonable steps to plan trips thoroughly and assess and control risks, and individual teachers or lecturers must demonstrate that their responses to an incident were within the range of reasonable responses of a parent. 

Should an incident arise in the course of a member's professional duties, whether on or off site, ATL will provide support, which could include meeting the defence costs of any approved legal proceedings. 

For more information, visit the HSE website.

Help and support

For further advice on this issue, ATL members can speak to their school rep, their branch secretary or their regional official. They can also call the London (020 7930 6441), Cardiff (029 2046 5000) or Belfast office (02890 327 990) or email info@atl.org.uk.

For out of hours enquiries, call the out of office hours helpline on 020 7782 1612 (Monday-Friday, 5-8pm during term time).

If you are not a member, join now.