Help and adviceWhat does 'in loco parentis' mean?
According to the courts, when parents send a child to school or college they delegate their authority to the teacher/lecturer (so far as is necessary for the child’s welfare and so far as is reasonable to maintain discipline) both in the interests of the school or college as a whole and (above all) of the individual student.
Therefore, a teacher/lecturer supervising or accompanying a student on a school or college trip has overall responsibility for her/his health and safety and is said to act ‘in loco parentis’.
The teacher/lecturer is expected to apply the same standard of care as would a ‘reasonable parent’ acting within a range of reasonable responses.
The standard of care that a court expects might vary according to the type of activity, the age and maturity of the students and changing conditions.
A teacher/lecturer who takes a party away from school or college remains ‘in loco parentis’ throughout the trip – the responsibility cannot be delegated to anyone else. Teachers/lecturers could be liable for negligence if a student or other person suffers injury or damage as a consequence of their carelessness or their failure to act within the range of reasonable responses.
Help and advice
For more detailed advice, please refer to ATL's publication Taking students off-site.
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