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Schools and local education authorities should indemnify staff provided they had taken reasonable care, followed employer guidelines and carried out straightforward safety checks.
The second-largest classroom union, the National Association of Schoolmasters and Union of Women Teachers (NASUWT), has advised its members not to go on school trips because of the risk of being sued by “increasingly litigious” parents.
Ms Kelly said that the majority of schools already provided field trips and other outdoor activities for pupils. But she acknowledged that there were real concerns and said that she wanted to work with unions, parents, teachers and school-trip providers to produce a manifesto for outdoor education. This would afford all children the opportunity to go on a residential trip with their school. Research for the Department for Education and Skills (DfES) last year showed that 86 per cent of primary schools and 90 per cent of secondary schools already make this offer to pupils. Seven million pupil visits take place each year, ranging from field trips to a week at an activity centre.
A DfES spokesman said that the guidelines, which will be issued in the summer, would emphasise the need for fair treatment for staff by employers and parents. “Staff who take reasonable care and follow the guidelines will, in the event of any unfortunate accident, be protected by the law,” the spokesman said.
“By carrying out straightforward, compulsory safety checks, teachers can protect both pupils and staff on a school visit and minimise the risk of litigation.
“The guidance will also make clear that employers must treat staff fairly when a pupil gets injured and that we expect parents to respond fairly, too.”
Chris Keates, the general secretary of the NASUWT, called the new guidance an “extremely helpful and welcome development”. She said: “When the detailed guidance is published, I am confident that the national executive will wish to respond positively.”
The Commons Education and Skills Select Committee issued a report last week that urged teachers to stop worrying about the threat of legal action and to lead more school trips.
David Hart, the general secretary of the National Association of Head Teachers, said that schools would welcome the Government’s initiative.
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