However, personal liability for the health and safety of students on school or college trips concerns ATL members more than any other issue, and press reports of accidents and deaths on trips always serve to heighten this concern. 

The issue of liability must be kept in perspective however. ATL believes that, provided members exercise reasonable care and follow their employer’s instructions and policies, they will not be held liable on the rare occasions when an accident occurs. 

When negligence is alleged, the case will nearly always be taken against the employer, who is vicariously liable and carries insurance for third party liability. Claims are seldom brought against individuals and, if individual employees are sued, they may bring in their employer as a co-defendant. 

Some employers provide a specific indemnity, which protects staff against any liability if a claim is made against them personally, but this is not always the case.School journey insurance policies will normally provide staff arranging a trip with adequate indemnity against individual liability for an accident. ATL also offers its members comprehensive protection against claims for negligence in the course of their professional duties or related voluntary activities. 

Nonetheless, it is essential for group leaders to obtain approval for the trip from their employer first, be it the LEA, the governors, the proprietor or the trustees. Group leaders must also ensure that they do nothing to jeopardise their insurance cover – by driving off-road, for example – if their policy does not cover such activities. 

The courts do not rush to find schools/colleges and teachers/lecturers negligent – they accept that accidents do happen. However, schools and colleges must show that they have taken reasonable steps to plan trips thoroughly and assess and control risks, and individual teachers/lecturers must demonstrate that their responses to an incident were within the range of the reasonable responses of a parent. 

Simon Chittock v Woodbridge School 

In 2002, an important case highlighted the importance of ongoing risk assessment once a trip is underway. Here, the risk arose from the behaviour of a student. 

Simon Chittock was one of three sixth formers who joined a skiing party of younger boys. He had some skiing experience and his parents agreed he could ski unsupervised, although under the general supervision of the teachers. The courts found that the group leader had a duty to take reasonable care of the safety of all the students and the decision to let the three boys ski alone depended on their demonstrating mature and responsible behaviour. 

However, on the trip the three boys were involved in three incidents that raised questions about how far they could be trusted to behave maturely and responsibly: smoking with younger boys; skiing off-piste in error and then (despite warnings from the group leader) skiing off-piste deliberately. 

As a consequence of his behaviour, Simon Chittock was given a reprimand and the group leader threatened to take away his ski pass. The day after the last incident, he was skiing on a run – judged to be within in his capability – but travelled too fast, ignored warning signs and fell. He was seriously disabled as a result of this accident. 

The school and the group leader were sued. The first court did not fault the planning of the trip or the arrangement to allow the three boys greater freedom. However, it decided that although Simon Chittock did contribute to his accident by skiing irresponsibly, the accident would not have happened if the group leader had removed his ski pass in response to evidence of his disobedience. 

The Court of Appeal overturned the decision. It decided that a reprimand and threat to remove the ski pass had been within a reasonable range of responses and the group leader had been entitled to accept assurances from the student that he would follow the rules. It concluded that the accident could have happened at any time.

Help and advice

For more detailed advice, please refer to ATL's publication Taking students off-site.

For individual queries, please contact ATL's London office, e-mail the helpdesk, or contact your branch secretary. You may also wish to call the out-of-office-hours helpline.

If you need confidential support and advice, don't forget you can also call ATL's stress, crisis or legal helplines.