Health & Safety at School : School Trips: Part 2

Adventures at home and away
This guide will enable you to further understand your legal obligations and responsibilities in connection with school visits and trips. It will help you to manage and control the health and safety risks associated with taking pupils out of school. Part 2 covers trips involving activities with a higher risk, and visits to foreign countries.

As with all RoSPA guidance, this should be used in conjunction with LEA and other regulations, union documents and any other specialised advice from professional bodies.

Before undertaking any school trip you are legally required to carry out a written risk assessment. Schools have a duty of care towards pupils and in an activity where there is an amount of risk, you will need to show that you have considered, and as a result, taken "all reasonable precautions". As part of your legal Health and Safety duties, your school will need to show that there is effective communication at all levels.

Getting your head around risk assessment
There is no such thing as absolute safety or zero risk. This is an important concept to grasp, especially when undertaking a risk assessment. Decisions have to be made not only about whether the taking of particular risks is justified but, if they are, whether control measures to be applied to keep risks within tolerable bounds and strike an appropriate balance between risk and cost.

Risk Assessment is more than simply identifying hazards and applying standard risk control solutions. It is more than going through the motions to satisfy legal requirements. Risk assessment is a way of structuring risk control decision making. It is, therefore, vital to establish a clear sequence of risk assessment steps: the classification of activities; identification of hazards; identification of all persons exposed; determination of probability (likelihood of harm being realised); determination of degree of harm (severity of consequences); adequacy of existing measures; evaluation of decisions etc.

When dealing with high consequence risks, it is always advisable to re-visit the case for the justification of the risk creating activity. Using risk assessment provides a framework to help determine the right level of preventive action to be applied in specific circumstances - from the half-day year group visit to a museum to a week-long skiing trip abroad.

This high regard for health and safety issues does not have to stifle the adventurous spirit of school trips and visits; rather, it should create an environment which breeds confidence and success. The idea of adventurous trips is to exercise children’s sense of adventure without putting them at unacceptable physical or psychological risks.

The ones that went wrong
Well planned and properly conducted outdoor activities and adventurous trips can have a lasting and positive effect on a young person’s personal and social development. While no adventurous activity can be completely risk free, the vast majority of young people who take part in outdoor courses and more adventurous school trips do so without incident. However, for every successful school trip that takes place, and there are thousands a year, the public remembers the ones that went wrong. Here are some examples:

Four children lost their lives when they were swept out to sea off the rocks at Land’s End;
Four boys died when they slid over a precipice in Austria;
Four sixth formers died in a canoeing accident at Lyme Bay in Dorset;
Twelve children and a teacher died when their minibus crashed into the back of a maintenance vehicle on the hard shoulder of the M40;

As a result of any tragic incident involving school children, questions are asked, procedures are tightened, and new legislation may come into force. A case in point is the Activity Centres (Young Person’s Safety) Act 1995 and the Adventure Activities Licensing Regulations 1996 which resulted from the Lyme Bay incident.

However, it is a mistake to think that all outdoor activity centres were unsafe before the Lyme Bay incident. The safety record for such centres was good considering the high risk activities that take place there. What the Lyme Bay incident did was to highlight certain deficiencies in regulation and practice. This is also true of the M40 minibus crash. Regulation and practice for transporting children in minibuses is now considerably tighter as a result of the tragedy.

Legal Matters
Many teachers fear the consequences - particularly the possibility of litigation - following an accident which occurs on a school trip. But as David Brierley, Solicitor with the Professional Association of Teachers (PAT) says, "There is no question of automatic liability on the teacher. A teacher who is able to show that all necessary preparations have been made, including where necessary the instruction and training of the children, and that the activities themselves have been carried out carefully and in accordance with approved practices, would be secure against any claim arising from an accident."

The Management of Health and Safety at Work Regulations 1992 require that schools make suitable and sufficient assessment of the risk to health and safety of staff, pupils and others who might be involved in an activity where there is an element of risk you will need to show that you have taken "all reasonable precautions".

Teachers are obliged to take all reasonable measures to ensure that every child under their control and supervision is safe and protected from any unacceptable risks. The teacher must be CAREFUL not CARELESS. Being careless is, in legal terms, being negligent; and being negligent means that you might be liable.

A teacher’s duty of care on a school trip is not confined to normal school hours. It lasts throughout the time away and can only be put aside at times when responsibility for the care of the children can be reasonably delegated to some other person or persons. For example: A teacher could reasonably allow children to be supervised by the staff from an Activity Centre provided that those staff are competent, qualified and that the teacher is satisfied that the other person/s can do so safely.

Adventurous Trips

Before proceeding, ask yourself -

What are the educational aims of the visit? Is the visit appropriate for these aims?
Do I fully understand my legal duties and obligations? (You may also care to consider whether or not you are willing to accept these. You cannot go ahead, especially as party leader, unless you do.)
Do I have the necessary expertise or specialist knowledge and skills required for this visit? (Consider here your First Aid knowledge and training.)
Do I need to take someone with me who has the knowledge and skills I lack? (Consider someone with First Aid Qualifications who holds a valid certificate.)
Who should I take with me as co-leader? (E.g. If going abroad, someone who speaks the language of the country to be visited.)
Can I obtain expertise and help on site?
Do I know others who have already been on this visit? (It is a good idea to contact other schools who have used the same venue.)
Am I able to make a preliminary reconnaissance of the site?
Do I know how to do an accurate written risk assessment?
Do I need further advice and from whom? (Consider taking advice from a variety of sources: from your LEA; LEA Outdoor Education Advisers; PE Advisors; Teaching Union; Other professional bodies etc.)

Adventure Activities
"Within a safe and structured framework, outdoor education can make a significant contribution to the educational development of young people." DFEE Circular 22/94 Safety in Outdoor Activity Centres: Guidance

Advance planning and an accurate risk assessment could reveal that to allow a particular activity to take place - or even the whole trip - could expose the children to unacceptable levels of risk. Although disappointing for everyone concerned, cancelling such a trip is the only responsible course of action to take. As David Brierley (PAT) points out, "Adventure activities are those activities which not only contain an inherent risk, but which also take place in environments from which it is difficult to escape quickly should an accident occur." The quality of leadership is important in all out of school activities but, in adventure activities, the competence and experience of the party leader is crucial.

Reconnaissance
It is very important that you try to make a preliminary reconnaissance to the venue in order to assess the risks. If this is not possible, make as many enquiries as you can about the venue and contact other schools who have used the same site. Even if you do make the preliminary visit, do not assume that this is a "once and for all". You will need to re-assess venues that have been used on previous occasions. Things can and do change.

When carrying out your risk assessment consider the following:

the type of activity and level at which it is being undertaken - e.g. beginners, intermediate, advanced etc.
the location - e.g. mountainous terrain; near water; urban setting etc.
the competence, experience and qualifications of the on-site staff
the age, competence, fitness, experience and character of the students
the staff:student ratio
the quality and suitability of available equipment
seasonal conditions such as weather and time of year

According to the DFEE (Circular 22/94), most accidents result from a combination of these factors having been inadequately assessed or overlooked.

Risks should not only be assessed in the initial planning stages; but also throughout the duration of the visit. Risk assessment should be an ongoing process undertaken by staff accompanying the school trip in liaison with on-site staff.

Ratio
See School Trips: Part 1

Always take advice from your LEA as recommendations vary. However, as a rough guide, the DFEE suggests you consider the following:

1:15 for all visits where the element of risk is similar to the risks encountered in daily life;

1:10 for all trips abroad;

1:6 for children under eight and/or where the children have special needs

1:5 or less for high risk activities

The correct supervision level for the type of activity, age and ability of the pupils and the competence, experience and qualifications of the supervisory staff is essential. Always keep a written record of any decisions you make concerning ratio. The more risk, the more supervisory staff needed. If the pupils have special educational needs, there should be a higher staff to pupil ratio as an extremely high level of care and wider safety margins are necessary. Do remember that ratios in themselves do not guarantee safety.

Disruptive Pupils: Inclusion or Exclusion?
School visits should be available to all; but the good conduct and discipline of the pupils is crucial to the success of any trip, particularly those where there is already an element of inherent risk. Strict codes of behaviour and discipline are not there to spoil anyone’s enjoyment; they are necessary to maintain optimum health and safety and to ensure that everyone has a good time without harm.

The National Association of Schoolmasters and Union of Women Teachers (NASUWT) advises its members to consider excluding disruptive pupils - those who continually exhibit anti-social behaviour and which puts others at risk - from going on a school trip. The NUT feels that although school journeys present pupils with opportunities to demonstrate personal qualities of initiative, self-reliance and co-operation with others, the taking of children out of school is an "onerous responsibility" for teachers.

Meticulous planning and preparation are deemed necessary and maximum safety is the goal. The Association of Teachers and Lecturers (ATL) advises its members to seek union advice before agreeing to take with them a pupil or student whose behaviour record (or medical record) gives them real cause for concern. ATL suggest that it may be appropriate to reach an agreement with the pupil’s parents about what action will be taken in the event of misbehaviour.

The Secondary Head’s Association (SHA) has an alternative suggestion: To split the school party into smaller, manageable units with good levels of supervision from experienced and competent staff; plus a full programme of activities to keep the pupils busy and boredom-free. This will allow effective control and discipline to be implemented. Leaders need to be alert to all possible problems - including those caused by disruptive behaviour. If anticipated, such problems can be avoided. The Professional Association of Teachers (PAT) includes the discipline of the children as a factor to be considered when working out supervision ratios.

"Managing Risk Assessment " PM 008 of the "Professional Management Series" produced by the National Association of Head Teachers (NAHT) clearly identifies poor supervision as an Organisational Hazard; the individual not being suited to a task or the unsafe behaviour of an individual as an Individual Hazard; and the areas of discipline, care and control as Procedural or Policy Hazards.

Individual school trip organisers will have to make their own decisions on this issue in accordance with school policy and after seeking appropriate advice. Nevertheless, it is generally agreed that if the pupils themselves are involved in the planning and organisation of their trip or visit from the beginning; and if they decide the rules and codes of behaviour and discipline for themselves; then they might be less likely to misbehave.

No child should be allowed on a school trip without a signed parental consent form.

Outdoor Activity Centres
Seek assurance about the safety standards of any Activity Centre to be visited and of the competency of their staff. You can request a full list of centre staff which details their ages, experience and qualifications.

What else do you need to know?

Does the centre operate a policy for staff recruitment, training and assessment which ensures that all staff with any responsibility for the safety and welfare of participants are competent?
Does the centre carry out criminal record checks as part of its recruitment procedures?
Does the centre have a clear chain of responsibility set out in writing?
Does the centre have written local operating procedures for each programme or activity offered?
Does the centre guarantee that there is at least one responsible person with First Aid qualifications on site?
Is the equipment used at the centre safe, appropriate, correctly sized and correct for the intended purpose?
Is the equipment frequently checked and the results recorded (internal audit)?
Has the centre produced a written document on accident and emergency procedures, including fire safety, and is this available?
Does the centre provide insurance cover?

All details should be confirmed in writing as far as possible. An established written system will help to ensure that all procedures and precautions are taken. No contract should be entered into until you are satisfied about the safety provision.

"The party leader should obtain a written statement from the centre management clearly indicating in what circumstances the centre staff will expect to be responsible for the safety of the pupils." DfEE Circular 22/94

The responsibility for the safety of each pupil must be clearly defined at all times. This is particularly important when the responsibility is divided between school and centre during a residential course. Never assume that "someone else" is doing it. Under common law, it is the teacher who has the ultimate responsibility for acting ‘in loco parentis’. A teacher may discharge this responsibility to a competent and highly qualified member of centre staff for say a high risk activity (caving, climbing, sailing etc.) which requires special skills. Bur for the rest of the visit, the responsibility remains with the teacher - even at night.

"It is essential that at all times, each member of a school or centre staff on a trip knows exactly for which pupils they are responsible and the extent of that responsibility. Each pupil should know which member of staff is responsible for them of their group." DfEE Circular 22/94

When a teacher takes part in an activity alongside the children under the guidance of centre staff, the teacher must not overrule the instructor unless they consider that the children’s safety is threatened in any way. The teacher may then take action on behalf of the pupils and withdraw them from the activity. This decision must then be recorded and reported to the party leader, head teacher and centre manager.

Effects of recent Legislation
The Activity Centres (Young Persons Safety) Act 1995 and the Adventure Activities Licensing Regulations 1996 have set up a licensing scheme for adventure activity providers in England, Scotland and Wales. Those who provide specified adventure activities, (caving, climbing, trekking, water sports), in return for payment, to young people under 18 years of age must be registered, hold a licence and abide by the conditions. Since October 1, 1997, providers must hold a licence before they can operate. Before a licence is granted, the centre will be inspected. All licences, which can be valid for up to three years, have safety conditions attached.

The licence holder is required to:

keep risk assessment and safety arrangements up-to-date
have sufficient competent instructors
have suitable first aid and emergency arrangements
give information on risks and precautions to those who need it
have appropriate equipment properly maintained.

Beware the pitfalls
The licensing scheme does not cover teacher-led trips which are based at outdoor activity centres. The preparation and arrangement for these trips must be in line with good practice and any specific guidelines produced by the school or the LEA. Neither does the scheme cover activities offered by voluntary associations to their members or to young people accompanied by their parent(s) or legal guardian(s).

The licensing scheme only guarantees basic health and safety standards and procedures. It does not give school party organisers and leaders the green light to go ahead without the usual careful planning, checking procedures and liaison.

Ten High Risk Activities

Key Considerations: You will need to take advice and seek further information on each area listed below. There is only room here for a few basic pointers taken from PAT solicitor, David Brierley’s safety advice.

1. Camping: Fire is always a potential hazard - mainly as a result of cooking activities. The Party Leader must be an experienced camper. Careful, precise planning plus good order and discipline are essential.

2. Mountain Walking: Many accidents occur in mountainous country as conditions can and do change rapidly - even in the summer. Quality of leadership is vital. Anyone taking part should be physically fit and mentally prepared. Know standard procedures for becoming lost.

3. Rock Climbing: Quality of leadership is vital. There should be a leader:pupil ratio of at least 1:4 on single pitch climbs (one pitch point usually at the top of the rock controlled by party leader) and 1:3 on multi-pitch climbs (more than one pitch point).

4. Swimming Outdoors: The cold water temperature is always a potential hazard. Statistically, this is the most dangerous outdoor activity for children. An accident in any depth of water can be fatal unless prompt action is taken. Being able to swim well in an outdoor pool does not guarantee safety in outdoor water.

5. Caving: The party leader must be an experienced caver holding a Cave Leader’s Certificate. The assistant leader must be able to bring the party back to the surface safely in an emergency. The maximum recommended party is 2:10. Every must consist of at least four people and any school party must contain at least two adults.

6. Potholing: See caving above. This type of adventure can never be completely safe, but leaders have a clear responsibility to make sure that the hazards the pupils encounter are kept within "acceptable limits".

7. Skiing: The party leader must be competent and qualified skier with a recognised certificate or award. Any pupil taking part must be physically fit and mentally prepared.

8. Riding: There are strict safety procedures which must be followed - these include standards of equipment, qualifications for group leaders and codes of behaviour. The British Horse Society provides extremely useful guidance.

9. Cycling: Bicycles should always be checked for safety and any faults corrected. Party leaders must ensure that all the children are proficient cyclists with a thorough and working knowledge of the Highway Code. Cycle helmets and high visibility clothing should be worn.

10. Water-based activity: Effective water safety training should be incorporated wherever possible into all water activity programmes. Leaders of any water-based activities must consider all of the following before proceeding:

the water temperature, weather forecast and tidal conditions
the swimming competency in "real conditions" of all members of the party
the "kitting out" of the group with proper clothing and equipment and the checking of life saving equipment
the group’s mastery of the capsize drill and other emergency procedures
the ability of at least one member of the group to carry out expired air resuscitation
the ability of the group to recognise the symptoms of hypothermia and the ability to deal with it

Going Abroad
Trips abroad call for even greater care, organisation and planning than trips and adventures at home.

There are three options open to schools planning a trip abroad.

1. Using a commercial travel agent specialising is school journeys, who will organise travel, hotels, visits and all necessary details. Travel Agents who are members of ABTA (Association of British Travel Agents) are governed by ABTA’s code of conduct.

2. Using the services of one of the voluntary bodies established to promote school journeys, such as The School Journey Association of London (SJA) or the Central Bureau for Educational Visits and Exchanges (CBEVE). Wherever possible, schools should use companies which are members of the School Travel Forum. Member companies must abide by the Forum's code of conduct.

3. Do-it-Yourself. A school may decide to make all, or most, of its own arrangements.

Using reputable and experienced tour operators can be an advantage but school trip organisers should not see this as a substitute for the careful investigation and planning that school trips require.

The Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992 No.328) (From DTI)
These regulations implement the EC Package Travel, Package Holidays and Package Tours Directive (90/314/EEC) requiring organisations to provide fair and guaranteed conditions and operate a bonding scheme to protect any pre-payments made. One of the fundamental reasons for the introduction of these regulations is to prevent financial loss in the event of the solvency of a tour operator. In 1993, a number of school travel companies did collapse. None of them were members of the School Travel Forum.

A package is defined as the pre-arranged combination of at least two of the following: transport, accommodation and other tourist services. Whether a school chooses to use a tour company or to organise its own trip abroad, it must take account of the provisions of the 1992 Regulations.

The Regulations offer three choices for protection of pre-payments, one of which must be used by the organiser:

Bonding
Insurance against insolvency
Trust accounts

For schools making their own arrangements, trust accounts are the only real option. The fund should be separate from the general school fund, the moneys being placed in a separate account under the control of a trustee. This will also be under the scrutiny of the school’s auditors. Consider taking legal advice.

Ten Key Points for trips abroad

1. Travel documentation: Allow plenty of time to organise travel documentation. Take advice from your LEA, and/or Home Office Immigration and Nationality Department if you are unsure about any aspect of obtaining correct documentation.

2. Foreign Language: At least one adult member of the party should be able to speak the language of the country fluently. It is desirable if everyone knows the basics of the language.

3. Foreign Culture: Encourage the children to sample the country’s cuisine BEFORE the visit and teach them something about the country’s culture, especially laws and customs. Warn of the dangers of drinking tap water abroad.

4. Health, fitness and general safety: Be familiar with potential health and safety risks. Party members must have recommended vaccinations. Take insect repellent and water sterilising tablets together with a basic first aid kit. Know how to avoid sunburn and de-hydration. Inform the children about rabies and warn them on no account must a child be allowed out alone while abroad. Everyone in the group should know what to do in the event of an emergency - accident or illness.

5. Residential centres and hotel: As many checks as necessary should be made to ensure that the centre is suitable. It is recommended that team leaders make enquiries about fire safety checks on the hotels to be used and ensure a fire evacuation procedure is carried out on arrival at the hotel.

6. Identification of group member: It is recommended that each child is given a distinctive badge to wear and should carry a card giving the address of the group’s accommodation written in the language of the country being visited.

7. Luggage: As little and as light as possible with shoulder straps or secure handles. Essentials only.

8. British Embassy and British Customs: Know where the nearest British Embassy is situated in relation to where you will be staying. Know how to get through British Customs with groups of young people.

9. Leader’s Information: The party leader will need to carry all necessary information. This will include:

the Head Teacher’s home address and telephone number;
the names of parents and addresses and telephone numbers at which they can be contacted;
copies of a list of group members;

10. Insurance: Double check that your insurance cover is appropriate to the visit.

Full details of the visit should also be retained at the school while the visit is in progress.

Useful Resources

Health and Safety of Pupils on Educational Visits – A Good Practice Guide available free from DfEE Publications, PO Box 5050, Sudbury, Suffolk, CO10 6ZQ. Tel: 0808 100 5060

Guidance to the Licensing Authority on the Adventure Activities Licensing Regulations 1996. The Activity Centres (Young Persons’ Safety) Act 1995. HSE Books. ISBN 0717 611604. Tel. 01787 881165.

Safety Policies in the Education Sector. HSE Books. ISBN 0717 607232. Tel. 01787 881165.

Useful Contacts and Addresses

Department for Children, Schools and Families (DfCSF), Sanctuary Buildings, Great Smith Street, London, SW1P 3BT. Tel: 0870 000 2288, www.dfes.gov.uk

The Central Bureau for International Education and Training, 10 Spring Gardens, London, SW1A 2BN. Tel: 020 7389 4004.

British Activity Holiday Association (BAHA), 22 Green Lane, Hersham, Surrey, KT12 5HD. Tel: 01932 252994, http://www.baha.org.uk/

St John Ambulance, 27 St Johns Lane, London, EC1M 4BU. Tel: 0870 235 5231, www.sja.org.uk

British Red Cross, 9 Grosvenor Crescent, London, SW1 7EF. Tel: 020 7235 5454, www.redcross.org.uk

St Andrew’s Ambulance Association, St Andrew’s House, 48 Milton Street, Glasgow, G4 0HR. Tel: 0141 332 4031

With thanks to the ATL, NAHT, NASUWT, PAT, SHA and the DfEE for their help in producing this RoSPA guide. A very special thank you to David Brierley of PAT for his very accessible advice.

The text in this document is taken from RoSPA’s range of Health and Safety at School leaflets. For more information on our products, or to obtain a catalogue, contact our sales department on 0121 248 2233 or email sales@rospa.com

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