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Primary education

Join our Primary Education forum to discuss starting school and helping your child get the most out of it.

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Original poster

Legal responsibility of teachers

111 replies

angstybaby · 08/12/2017 17:03

Are teachers legally responsible for a child while they are in their care? My son's school let him leave school unaccompanied (he's 6, yr 2). They say that because the teacher had told the class at the beginning of the year to wait with the teacher until a parent/guardian arrived, then they had discharged their duty of care and so hadn't done anything wrong. It was my son's fault for either not being aware of what he was supposed to do or disobeying it (he says he didn't know he was supposed to stay with the teacher).

Does anybody know what the legal position is please? Many thanks

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Set a reminder

Nix32 · 08/12/2017 17:09

I don't know the legal position, but as a teacher I would be very surprised that a Y2 child didn't know he should stay with a teacher. Depending on how a school does it, letting children go at the end of the day can be very difficult, and if a child takes themselves off, it's impossible to know whether they have been collected, or gone by themselves. He's had over two years of experiencing the end of the school day. I don't think all responsibility here lies with the teacher.

DonkeyOaty · 08/12/2017 17:10

What does their Missing Child policy say?

Twofishfingers · 08/12/2017 17:12

Sorry where were you? Were you in the playground and your child ran off without being seen? Because this did happen in our school, children can run off without being seen by a staff member and the parent, who was in the playground. I am not sure exactly where the legal responsibility is, but since then we've had a member of staff at the gate to make sure it didn't happen again. I think that the school is legally responsible from the time the bell rings in the morning to the end bell at the end of the day.

Our school doesn't let children out of the school gate if the parent/carer are not there.

However, with permission, older children (year 5-6) can walk home on their own.

Original poster

angstybaby · 08/12/2017 17:36

His dad was doing pick up and was late so he wasn't in the playground. my son had left the school by himself and his dad intercepted him (luckily, as, had he gone in the other entrance, he wouldn't have seen him at all and lord knows where he would have ended up).

I don't know if the school has a missing child policy. it's never been mentioned.

There seems to be a lack of certainty re. teachers' responsibility. I had kinda assumed that it would be a school's job to make sure that teachers did know what the legal position was but I think i'm wrong about that.

OP posts:

disappearingninepatch · 08/12/2017 17:40

Your son didn't know he wasn't supposed to leave school on his own? Seriously?

Gazelda · 08/12/2017 17:45

Rather than questioning the legal position, I'd be making sure that DS knew never to do this again.
And I'd be asking the school to consider refreshing their Missing Child policy.
Then I'd consider the matter dealt with.

Twofishfingers · 08/12/2017 17:46

I think you should discuss this with the school, but I am not sure that taking the position that 'you have legal responsibility over my child' is the best position to set yourself in.

Just ask them what their procedure is, and if a parent is late to pick up maybe their should be a process for them to call the school to let them know they will be late?

Valerrie · 08/12/2017 17:47

Teachers are in loco parentis during the school day, however when the bell goes at the end of the day it is the parents' responsibility to be there for their child.

If his father was late, that's not the teacher's problem. If your child left the school while the teacher was dealing with sending the rest of her class home, that isn't her problem.

Unless your child has additional needs and form for "escaping" from school and needs constant supervision, it is nothing to do with the school.

Why did he leave the premises if he knew not to? He's not a baby.

Valerrie · 08/12/2017 17:48

Also, it's an absolute necessity to let the school know if you're going to be late. That way, the pupil can remain in the classroom with a TA until the teacher is finished supervising home time and the parent arrives. If we don't know a parent is going to be late the pupil will be with the other children going home.

Why did he not let the school know?

grasspigeons · 08/12/2017 17:55

I think this is worth a question - as PP said not necessarily approaching it with 'its your legal responsibility' but more asking what the end of day procedures are and whether they can be tightened up to stop this again as its not great is it?

At my children's school the children are all released one by one to an adult. They are all lined up in the classroom with the teacher blocking the door. The teacher calls their name if they spot the correct adult and the child confirms that they have seen 'their' adult to the teacher and then dashes over. Any uncollected children are taken to the office and their parents are called. This stops in year 3

I would also talk to your child about what to do if they can't see their parent in the playground. I'm really surprised he'd just wander off and not return to his teacher and say 'no one is here'

fidgettt · 08/12/2017 17:57

because the teacher had told the class at the beginning of the year to wait with the teacher until a parent/guardian arrived, then they had discharged their duty of care and so hadn't done anything wrong.

I really can't see this!! Clearly a 6yo is going to need to be told some things more than once in a term, but I don't think they were negligent in not reminding him, I think they were negligent in not supervising him to ensure he didn't wander off.* I don't think 6yo are reliable enough to be trusted to be sensible.*

BubblesBuddy · 08/12/2017 17:58

I have never seen a missing child policy. This is a first. Health and safety policy might be appropriate. However, I think he should have known to wait. Also could your DH not have rung the school to say he was running late? Teachers usually see that children go to a carer or parent but you should make it clear to DS what is expected if you are late again.

fidgettt · 08/12/2017 18:00

I wouldn't want my DC at a school that was determined to weasel out of any responsibility for keeping them safe the second the school bell rings.

Actually, my assumption would have been that they ARE in loco parents until the parent has collected them, even if it is after the school bell.

Valerrie · 08/12/2017 18:02

They are until the parent has collected them, you're right. However if the parent is late and the teacher is not aware, some schools let the children out into the outdoor area while collection is happening depending on age. If the child leaves school while this is happening and the parent isn't there, it really isn't fair to blame the teacher. The parent was not there when they should have been.

Moreisnnogedag · 08/12/2017 18:03

Blimey my normally relaxed school seem more organised than most. Dc are released one by one to an adult as pp. I think most parents here would be a tad concerned if a kid went missing.

It does mean in the mornings you also can't just drop off your child in the car park, the teacher at the gate has to see you.

llangennith · 08/12/2017 18:04

All children know they have to wait with the teacher until they are collected. Some children don’t listen or choose to ignore this instruction. Just as well all the children don’t ignore the instruction because one teacher with about 30 kids to oversee would never manage.
Take some responsibility for your son’s behaviour.

Letseatgrandma · 08/12/2017 18:05

At any school I’ve taught at, the child must tell the teacher that they can see the person collecting them before they can go. Children know not to move away from the teacher if they can’t see that person-by y2, they would especially be well aware of this.

Did someone ring the school to say you’d be late?
Did your son just walk off?!

Looneytune253 · 08/12/2017 18:05

You need to write a written complaint so it gets investigated properly but yes it is defo the schools responsibility to keep the children until an appropriate adult is there. At ours even the older children must point out a parent before they’re allowed to leave the line. Of course it does take a bit of trust on the teachers part and they need to trust the children won’t just nip off without saying. It might be fair to see what the teachers’ dismissal procedure usually is at that school and where it went wrong today. Did teacher actually dismiss him or did he sneak off?

Original poster

angstybaby · 08/12/2017 18:07

the common law position was that the teacher is in loco parentis but i'm not sure that still stands as the children's act of 1989 got rid of the phrase and replaced it with 'duty of care'.

to clarify, his dad was 4 mins late. our son managed to leave his teacher and walk out of school in 4 minutes. it's not a long walk...

the school usually have the same system many of you have mentioned: the teacher stands at the doorway until the parent is spotted and then the child is released. i'm not sure what happened.

I've spoken to my son about it (and punished him for wandering off, not obeying the teacher though he did seem genuinely surprised that he was supposed to stay which doesn't mean that he wasn't told, but just that he's 6, and a lot of things pass him by. (how many times have I told him not to wipe his nose on his sleeve??!!!)).

OP posts:

AgentProvocateur · 08/12/2017 18:08

The fault lies with your DH being late and not alerting the school.

Valerrie · 08/12/2017 18:11

Your son was surprised he had to stay until his parent got there?

What?!

Original poster

angstybaby · 08/12/2017 18:14

I don't think the teacher dismissed him; he just walked off. It is pretty chaotic. 60 kids being released from the same doorway, at the same time, into a playground where there are about 100 parents (and pre-school kids) with another 60 kids coming from another exit right near by.

I find it quite frightening that being late means that your kids are left to their own devices. 6 years old is not a baby but then not old enough to be relied upon to cross a road, to not go with a stranger, etc. This is why leaving a 6 year old at home alone is considered neglect...

OP posts:

Marcine · 08/12/2017 18:15

His 3rd year of school and 3 months into the year - of course he knows he's not allowed to run off out of school without an adult at home time!

Marcine · 08/12/2017 18:16

He wasn't left to his own devices though - he snuck out.

Original poster

angstybaby · 08/12/2017 18:17

AgentProvocateur - he was 4 mins late

Valerrie: don't shoot the messenger! that's what he said. I was as horrified as you. well, probably more as i was the one envisaging him being run over or abducted.

we've never been late before. that's why he was unsure what to do. oh and he's 6. shucks - my good parenting as somehow produced bad parenting.

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