What Are the Legalities of Planning a School Trip Abroad?

A school trip abroad is an exciting time for most teenagers. After all, it’s likely to be the first chance they get to go on holiday with their friends… and without their parents. But behind all the excitement, this can be a stressful time for teachers; especially if you are the one organising the trip.

There’s booking travel and accommodation, organising activities and then all the legal work, of course. No one likes all the paper work, but it has to be done if you’re going to take a coach load of kids abroad with you.

So, to make things easier for you, we’ve pulled together some of the essential legal issues you need to consider when planning a school trip abroad. Tick these off your list and you can rest assured that you’re a few steps closer to getting on that airplane to paradise.
 

Completing a School Trip Risk Assessment

 
Every activity outside of school will legally require a member of staff to complete a risk assessment under the Management of Health and Safety at Work Regulations 1992; only if this is passed will the trip go ahead.

There are a number of things that a risk assessment will look at. These include:
• The activity in question
• The age, health and behavioural level of the students attending
• Any medical or special educational requirements
• The qualifications, certifications (including DBS checks) and experience of supervisors
• The adult to child ratio
• Emergency procedures
• Modes of transport
• Accommodation suitability
 

What Legal Checks Does a Teacher Need to Make?

 
And, with each of the above points comes quite a bit of red tape. There are a number of health and safety legal regulations you, as a teacher, should take note of when completing this assessment.

The Local Education Authority is Responsible for Implementing Safety – The LEA is the employer of all staff supervisors on these school trips abroad and therefore, is responsible for the safety of all of those in attendance.

The LEA must issue guidance to schools under the Health and Safety at Work etc Act 1974, as well as set policies for any relevant activity. You and anyone else involved in the organisation of the school outing must make reference to these.
 

Staff Have a Statutory Duty of Care

 
The LEA may hold the primary responsibility for health and safety, but that doesn’t mean employees can be reckless. All staff have a statutory duty for the care of themselves and others around them.

When supervisors adopt this duty of care, and become responsible for someone else’s child, the term ‘loco parentis’ is used. In simple terms, this means you have a common law duty to offer the same level of care the parent would.

If you are planning a 6th form or college trip, which includes pupils aged 18 or over, this does not apply, yet the same recommendations do. It is important to consult your organisation’s policies to see what protocol is for this situation.
 

Check Other Organisations

 
When planning a school trip, whether in the UK or abroad, it is up to you as the teacher to vet any resources required for the holiday. Whether it’s a transport provider, accommodation or an activity company, you must ensure the company involved is reputable and provide adequate safety provisions.

As well as physical safety, your school must also check that the students’ money is protected. All air travel should be covered by an Air Travel Organisers Licence (ATOL), just in case the line goes out of business.
 

Supervisors Are Safe to Work with Children

 
Any staff member or volunteer supervisor in attendance for the overnight trip must have an Enhanced DBS Check and the child barred list should be consulted.

The DBS checking service will carry out comprehensive background screening of the individual to ensure they are legally seen as safe to carry out regulated activity with children.

If you require online DBS checks for yourself and other colleagues before organising your school trip, we can help here at CBS. We carry out thousands of DBS and barred list checks every year, so you can rest assured that we’ll provide you with a timely, quality service and return those DBS disclosure certifies to you ASAP.

Get in touch to learn how we could help you.

Please note: This is just a guide to a few of the legal requirements. Consult official guidance to ensure comprehensive practices.