In addition to statutory responsibilities, school staff have a common law duty of care. You have to carry out your duties with reasonable care and skill and do what is reasonable to safeguard their health and safety when in your care.

You will not be negligent if your actions fall ‘within a range of reasonable responses’. You are not expected to second-guess what a judge might think was the proper course of action, so long as what you did was in line with reasonable professional action.  You are expected to match up to the standards currently expected of ordinary, reasonable members of your profession.  You must, therefore, apply your professional skill, keep-up-to-date, stay within your conditions of employment, make appropriate assessments of any risks you come across and always act in accordance with school policies and procedures.

If you fail to do so and a child, or a colleague or a visitor to the school, suffers some loss or damage you could be liable in negligence. In practice it will be the school, which will be sued, as employers are liable for the actions of their employees.  However, you may have to face internal investigation and possible disciplinary action if you are alleged to have been negligent.

For all staff in charge of pupils there come moments of doubt and self-questioning. At such times ask yourself, ‘if I were the parent of one of these children, would I consider what I am doing or contemplating doing, to be reasonable and prudent in all the circumstances?’ The answer to yourself will take into account:

• the nature of the task;
• any hazards that could reasonably be anticipated;
• the steps necessary to avoid or mitigate the risks flowing from the hazards;
• the age, ability, aptitude and special educational needs of the pupils;
• the environment in which the task is to take place; and
• any LA or school procedures that have to be followed.

The law requires you, not to be careless or, at worst, reckless. If it can be shown that you have only acted after due thoughtfulness, it is extremely unlikely that any mishap will occur, and if it does, that the member of staff may be considered negligent.

Environment

Employers have a duty to enable employees to work in healthy environments.  Schools are regulated by school premises regulations.  Exceptionally warm weather in recent summers has raised the question of maximum working temperatures.  There are at present only rules governing minimum temperatures (13°C for strenuous activity: 16°C for general work).  The TUC is beginning to argue that since warm weather is becoming more common, something should be done about maximum levels.

Quick Guides Premises (PR) Section has various documents covering environmental issues.

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