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Duty of Care Policy For Little Yarra Steiner School and Kindergarten
Table of Contents
Schools and teachers are required to care for the safety and welfare of the students under their care. This duty of care exists when the teacher/ student relationship is established. This duty of care requires the school and its teachers take the necessary and reasonable steps to ensure student safety from known, and reasonably foreseeable risks of harm or injury. This duty of care from schools is legislated for in government schools, however many of the issues in the legislation are relevant to non government schools and should therefore be addressed by our school to ensure we meet the obligations expected of us by parents and the wider community. To this end this policy will set parameters for when our duty of care will begin and cease, who is responsible for providing this care, how it will be structured and implemented, and how it will be evaluated in the future.
Little Yarra Steiner School has always endeavoured to maintain the highest possible care of the students in its charge. The school has done this while endeavouring to maintain an environment that was caring, comforting, creative and challenging for its students. As the school has grown the changes to staff, and parents, the increase in students, and the extension of the campus have all impacted on the schools delivery of care and its environment. The intention of this policy is to raise awareness for both staff and parents of their responsibilities within the larger school context, and to provide clear guidelines for how these responsibilities can be executed.
Aims The aims of this policy are as follows
Principles of care Policy and legislation
This policy hopes to establish clear guidelines and parameters for the duty of care of the school and its staff; however it does not act as a guarantee of care, or override any individual’s rights or responsibilities under law. (See legislation) and should be viewed in conjunction with other school policies that relate to the care of students. (e.g. bullying, health and wellbeing, etc.)
A Teacher’s duty of care
The teacher’s duty of care responsibility is automatic, arising from the teacher/student relationship. This level of care is based on the idea of ‘reasonable care’ (see definitions) A teacher’s duty of care is not limited to specific circumstances (i.e. camps, duties etc.) but extends to all times when a student can reasonably be considered to be under their supervision and being aware of and implement school policies that affect the students’ safety and welfare. (e.g. bullying, OH and S, student health and wellbeing, playground rules, etc.) It should also be noted that the duty of care of a teacher is non-delegable, except for certain situations.
The School’s duty of care
The school is under a duty of care to take reasonable care to ensure that it employs competent teachers and provides safe premises. The school may be considered liable for the actions of the teachers in its employ whilst they are acting in the course and scope of their duties as an employee of the school.
4 Definitions
Teaching staff (teacher): Those individuals in the employ of Little Yarra Steiner School who are given direct responsibility over a class for any duration of time.
Duty of care: A legal concept that defines the duty a person has to use reasonable care towards others in order to protect them from known or reasonably foreseeable risk of harm or injury.
Reasonable care: Reasonable care is the concept that forms the basis of the duty of care. What is considered reasonable will depend on the individuals and activities concerned. Teachers will need to use a variety of factors when considering the reasonable level of care required. These factors include: the student’s age, experience, and capabilities, any physical/ intellectual impairments, medical conditions, behavioural characteristics, nature of the activity and the environment in which the activity is held, school policy and procedures and an assessment of the risk level of the activity.
Non teaching staff: Those individuals in the employ of the school who do not have direct responsibility over a class for any duration of time.
Volunteers: Individuals who undertake work in some capacity at LYSS for no fee.
External providers: Any person or organisation engaged by LYSS to deliver a service including running or teaching a course to a class(es), that is not an employee of LYSS.
School grounds: The area determined by the school’s governing body to constitute the boundary for school activities.
Extra curricular: and course or event that takes place that is outside the normal annual events of the school typically after school hours.
School hours: School hours for the purpose of this document the times in which the school accepts duty of care of all students. They are 8:15 to 3:45 Mon. to Fri. During advertised term dates.
5. Scope of Duty:
The scope of Duty for the School and its staff:
Liability for negligence depends upon the application of a standard of reasonableness in all the circumstances. Each case will therefore be different, turning on its own particular set of facts.
The school and its staff members have a primary duty of Care during all regular school hours.
Transportation
As a general rule the school has no Door to Door responsibility for the students. However, if the school is providing transport for students or where the school assumes responsibility in escorting students then a duty of care can be assumed.
Before School hours on school grounds
The school has a duty of care that commences from the arrival of students on school grounds. The accepted arrival time starts at 8:15 a.m. Monday to Friday. There should be no students on campus before this time.
After School hours on school grounds
The school has a duty of care to ensure the safety of its students until such a time as they are collected by their parents or an adult requested to collect them by their parents, or until their departure on a bus or other arranged transport. If a parent has arrived and collected their child but remains on school grounds, the duty of care has transferred to the parent, unless other arrangements have been made.
After School activities on school grounds
The distinction between authorised and unauthorised activities must be made when considering after school activities. Authorised activities are ones that have the approval of the College of Teachers as the management team for the school. Activities sanctioned by the school require the staff members undertaking these activities and the school to provide the same duty of care as during school hours.
Should a staff member(s) undertake activities at school after hours that are not sanctioned by the College of Teachers then they will be acting in a private capacity. Consequently, the school will not owe a duty of care to the participants or other individuals involved in the activity and further the school’s insurance will not cover the activity.
Activities taking place off school grounds.
In general the school and its staff have duty of care for all students during off campus activities. The particular extent and nature of this duty is covered in the LYSS Camps and excursions policy and procedure.
Students leaving school during school hours
As a rule the school does not permit students to leave the school grounds during the school day. The exception may be made for students who are of the age of consent, providing they have approval from the upper school faculty, and comply with their guidelines. In those instances where an under age student is leaving the school, they should be released into the care of their parent and or guardian. The student and/or the parent/guardian is required to sign out at the office. When a student is leaving the grounds during the day without a parent/guardian they must have written parental permission to do so. The permission must state the date time and duration and purpose for the absence. Further the parents must provide acknowledgement that the school cannot be held responsible for safety and or conduct of the student when they are away from the premises. However, should the school or the teacher of the student feel that there is an unsatisfactory risk to the student in their leaving the school premises then the permission to leave must be refused regardless of permission.
6. Implementation
The primary implementation of duty of care is through the school’s policy and procedures and rules.
The School:
The school must have a clear set of school rules that cover behaviour, outside break times, inside break times, boundaries for student access, classroom rules, dress code for health and safety issues, and rules for specific activities (i.e. PE, Lab work, excursions, etc.) All of these rules and guidelines must be made explicit to all relevant staff, and to the students. The failure to convey this information may be seen as a breach in the duty of care. The staff should be instructed where necessary on how to implement the relevant rules and guidelines.
The staff:
The implementation of the above rules must be done in a reasonable way. In general adequate supervision of the students must be primary focus of duty of care. The supervising teacher during break or in a lesson has and maintains the duty of care for the students until such time as they are relieved of their duty by either the parents of the students, or by another teacher. While supervising the individual staff member(s) have the responsibility to ensure that the above stated rules, and guidelines are being followed.
Relevant policy and procedures for duty of Care implementation by staff include:
Class room rules Break time rules (school rules) Wet break procedures Break duty procedures Behaviour management policy and procedure Bullying and harassment policy and procedure Codes of Conduct First aid Policy and Procedure Camps and excursions Policy and Procedure After school activities guidelines
7. Evaluation
The evaluation of the school’s and its staff members’ provision of care is an ongoing process. The evaluation should cover the policy and procedures suitability for implementation at the school and should include assessment against relevant current legislation and best practice. The resulting changes once approved, should be disseminated to all staff. It is recommended that this occur every two to three years, or when a significant change to the school has taken place (i.e. the addition of new buildings.) Further the evaluation of implementation should take place this includes the review of practice of supervision. In part this is taken care by the review and appraisal process of teachers in the classrooms. Beyond that the O H and S officer will conducted a risk assessment of school boundaries and out of class supervisory practice (break duties, before and after school duties etc.) It is recommended that this occur every two to three years, or when a significant change to the school has taken place (i.e. the addition of new buildings.)
8. Legislation
DE&T: Victorian Government Schools Reference Guide Section 6.16.1
Occupational health and Safety Act
Child Protection Act
Document Updated: 27/11/2008 |