Understanding Duty of Care in Schools in the UK

As a Health and Safety Professional, one of the most frequently asked questions I receive from educators, school leaders, and parents is: “What does ‘duty of care’ actually mean in a school setting?”

In short, duty of care in schools refers to the legal and moral obligation of school staff and management to ensure the safety, health, and wellbeing of all pupils and staff under their supervision. But that’s only scratching the surface. This concept is deeply embedded in UK law and educational policy, and failure to uphold it can lead to serious consequences—both legally and in terms of a school’s reputation.

In this comprehensive article, we’ll explore what duty of care looks like in practice, the legal framework behind it, real-world examples, and how schools can ensure they’re meeting their responsibilities.

What Is Duty of Care?

“Duty of care” is a legal term that refers to a person or organization’s responsibility to take reasonable care to avoid causing harm to others. In the context of UK schools, this means that all school staff, including headteachers, teachers, teaching assistants, and support personnel, have a statutory duty to safeguard pupils while they are in the school’s care.

It goes beyond simply avoiding harm. Duty of care also includes proactively identifying risks, supporting students’ emotional and mental wellbeing, and acting swiftly if a child is at risk of abuse, bullying, or neglect.

Why It Matters

The school environment is where children spend a significant part of their formative years. It’s where they grow intellectually, socially, and emotionally. Failing to uphold a duty of care can have far-reaching consequences:

• Physical harm through unsafe premises or inadequate supervision

• Emotional harm from bullying or neglect

• Legal consequences for the school or individuals involved

• Loss of trust from parents, the community, and regulatory bodies

In short, duty of care isn’t just a legal obligation—it’s an ethical cornerstone of education.

Who Has a Duty of Care in Schools?

The duty of care in schools doesn’t rest on one person’s shoulders. It is a shared responsibility across several roles:

1. Headteachers and Senior Leaders

They are ultimately responsible for ensuring that policies are in place and staff are trained. They must:

• Enforce health and safety measures

• Ensure staff understand safeguarding protocols

• Respond appropriately to incidents or risks

2. Teachers and Classroom Staff

Teachers act in loco parentis, meaning “in the place of a parent.” They must:

• Supervise pupils appropriately

• Maintain discipline and order

• Be alert to signs of distress or abuse

• Report concerns following school policies

3. Support Staff and Administrative Workers

Though not directly responsible for pupil supervision, they must:

• Follow all safety procedures

• Report hazards or concerns

• Act in line with safeguarding policies

4. Governing Bodies and Academy Trusts

They must ensure the school has robust policies and complies with legal obligations.

5. Local Authorities (for maintained schools)

They oversee school safety at a strategic level and provide support during inspections or emergencies.

Legal Framework Supporting Duty of Care

A strong body of legislation underpins the duty of care in UK schools. Understanding this framework helps schools meet their legal obligations and protect their community.

1. The Children Act 1989 and 2004

These acts form the backbone of safeguarding in the UK. They place a duty on schools to:

• Promote the welfare of children

• Protect them from harm

• Work with other agencies (e.g., social services, healthcare)

2. Education Act 2002 (Section 175)

This specifically requires governing bodies to make arrangements to safeguard and promote the welfare of children. It mandates:

• Clear safeguarding policies

• Designated safeguarding leads (DSLs)

• Proper staff training and checks

3. Health and Safety at Work Act 1974

Applies to both staff and students. It mandates:

• A safe working and learning environment

• Risk assessments for school activities

• Proper safety equipment and procedures

4. Common Law Principles of Negligence

A school or staff member can be found liable for negligence if:

• A duty of care was owed

• That duty was breached

• Harm resulted from that breach

5. Working Together to Safeguard Children (Statutory Guidance)

This outlines how schools should collaborate with other agencies to protect children at risk of harm.

Real-World Examples of Duty of Care in Action

Let’s look at how duty of care plays out in everyday school life:

• Supervision During Break Times

If children are left unsupervised during lunch or playtime and an injury occurs, the school may be held liable. Duty of care includes ensuring enough adults are present and aware of potential hazards.

• Trips and Excursions

Before any school outing, a risk assessment must be conducted. Staff must check venues, transport, weather, and individual student needs (e.g., medical or accessibility requirements).

• Bullying and Safeguarding

If a student reports bullying and the school fails to take action, this is a clear breach of duty. A school’s safeguarding policy must be robust, and staff should know how to escalate issues quickly.

• Special Educational Needs (SEN)

Duty of care includes making reasonable adjustments for students with SEN. Failing to provide needed support, like a learning assistant or adapted materials, can be considered neglect.

Components of an Effective Duty of Care Strategy

Let’s now look at the key elements that help a school fulfill its duty of care obligations:

1. Risk Assessments

These must be:

• Regularly conducted

• Specific to activities and locations

• Reviewed after any incident

2. Safeguarding Policies

Must include:

• Clear reporting procedures

• Confidentiality protocols

• Contact information for local safeguarding partners

3. First Aid and Medical Care

• Staff should be trained in first aid

• Medication should be stored and administered properly

• Records must be kept of injuries and treatments

4. Training and Continuing Professional Development (CPD)

Staff must receive:

• Safeguarding training (updated every 2–3 years)

• Health and safety awareness

• Emergency procedures training (fire, lockdown, evacuation)

5. Mental Health and Emotional Support

Duty of care isn’t just physical. Schools must:

• Support mental health through counselling or mentoring

• Implement anti-bullying initiatives

• Create a supportive and inclusive culture

Common Breaches and How to Avoid Them

Some typical pitfalls schools face include:

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The Role of Inspections and Oversight

Organisations such as Ofsted, Estyn (Wales), and Education Scotland evaluate how schools safeguard pupils during inspections. This includes:

• Interviews with staff and pupils

• Reviewing safeguarding records

• Observing supervision and behaviour management

Failing an inspection due to poor duty of care can lead to:

• Special measures

• Leadership changes

• Legal investigations

Best Practices for Strengthening Duty of Care

Here are my top consultant tips for schools looking to elevate their duty of care:

• Designate a “Duty of Care” Champion on the leadership team
• Create a culture of accountability where staff are encouraged to raise safety concerns
• Use software or apps to log incidents, monitor safeguarding concerns, and track training
• Engage parents and guardians in safety discussions
• Regularly review and audit policies in light of new guidance or incidents

Conclusion

Duty of care in schools isn’t just about ticking boxes or passing inspections. It’s about creating a safe, supportive, and empowering environment where children can thrive. It requires leadership, vigilance, training, and most importantly, a genuine commitment to putting students first.

From safeguarding and mental health to physical safety and supervision, every staff member plays a part. By understanding the legal landscape, implementing best practices, and staying alert to risks, schools can fulfill their responsibilities and build trust with families and communities alike.

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