Educating the educators

School trips are worthwhile events for teachers and pupils. They encourage learning in a different environment, help the development of social skills and boost students' confidence. However, as the number of accidents and incidents on school trips continues to grow, so does the exposure of staff to potential liability claims.The headlines over the past few months are a stark reminder of how quickly an accident can occur and the grave consequences that can follow. Lancashire teacher Paul Ellis was recently jailed for a year after a ten-year-old boy drowned in the Lake District. A South Wales college was fined £15,000 after a student died on a field trip to the Brecon Beacons and Leeds City Council was fined £30,000 for failing to ensure the safety of two girls who were swept to their deaths while taking part in a 'river walking' activity in the Yorkshire Dales.These cases demonstrate the breadth of liability exposure within the education sector - Local Education Authorities (LEAs), schools and teachers are all at risk. There is no precedent regarding liability - it depends upon the circumstances of the case being brought by the Health & Safety Executive (HSE).The Health & Safety At Work Act [1974] is now 30 years old and Home Secretary David Blunkett announced in May that he would publish a Bill to tighten up the law, making management more accountable when fatalities occur. The proposals to date suggest that a new offence of corporate killing will be created where liability hinges on whether there has been a management failure (involving conduct falling far below what can reasonably be expected in any given circumstance). Given that risk management is the forte of the insurance industry, shouldn't it be doing more to help schools prevent these tragedies occurring, or is it the responsibility of the LEA to ensure guidelines are adhered to?"Our industry should be more up-front, giving risk management advice to schools and colleges involved in adventure-based activities," says Royal & SunAlliance technical insurances manager Phil Bell. "Why should they be left to follow LEA guidelines? These are our clients and if you're prepared to take a premium, you should be giving something in return other than just a policy document."

Teacher trainingDepartment for Education and Skills (DfES) guidelines, Health & Safety of Pupils on Educational Visits, say schools should train teachers to organise trips and advise colleagues on how to carry out the necessary risk assessments in advance. But a survey conducted by Hull University last year reported that 60% of head teachers and governors said not all their staff responsible for health and safety had been given formal instruction. The same proportion admitted their health and safety policies were "not very workable" and a third of school bosses believed they would escape being held personally liable if anything went wrong, according to the surveyThis is a very naive view, says Beachcroft Wansbroughs head of litigation Helen Staines. "People who believe this need more information from the insurance industry. Brokers and insurers should be advising school staff about the risk of facing a claim and what internal procedures they need to have in place to limit their exposure. Risk management assessments must encompass the potential exposure of staff as well as the activity being undertaken."She adds: "Specialist brokers and insurers are good, but often deal only with the bursar or person within the LEA responsible for renewal of cover. How sure are we that the information is reaching the rank and file teaching staff?"Bell says: "Most schools we insure follow the guidelines very well and we're always able to provide supporting fact sheets, relevant to the activity. I wouldn't be surprised however, if in some cases, insurance costs have prevented staff taking out cover for a particular activity." Premium increases have been fuelled by an increasing number of claims, plus a growth in the US-style compensation culture. Pupils are involved in more risky activities than they were 30 or 40 years ago and their parents are more aware of the avenues open to them should they wish to claim. Is this is something the legal profession should take some responsibility for?Staines concedes: "Regrettably, certain areas of the legal profession have positively encouraged clients to follow that claims culture route and take out cases against establishments and insurers. "A lot of money is tied up in fending off these cases and we have reached the stage now where even the simplest of playground activities, such as hopscotch and conkers, are seen to be too risky by some schools, for fear of injury and subsequent prosecution."Staff training is key when it comes to awareness of issues and what merits a risk. "We have a responsibility to help implement a robust risk assessment and management programme, says Andy McNamee, Northern regional risk management co-ordinator in Marsh's commercial clients practice. "Once staff are aware of the legislation in place and their responsibilities, risk assessment management becomes second nature. We can help embed it into a school's culture, ensuring a greater understanding of the issues, which in turn, are easier to address."

Safe activitiesSt Nicolas, CE Junior School in Portslade, Brighton, holds two residential adventure activities a year and has a strong risk assessment and management culture. Head teacher Trevor Cristin says: "The school takes liability issues very seriously and has processes in place to limit potential exposure. All DfES guidelines are followed - adult/pupil ratios, equipment - and if I don't have the right senior management person to lead the trip then it doesn't take place."I have a designated trip co-ordinator who has received risk assessment training and a second member of staff going through the same process. Of course there is always the human factor to take into account, but we leave as little to chance as possible."He says: "Prior to one of our recent trips to the Isle of Wight, the teacher leading the trip spent three days carrying out risk assessments. If you have the right process in place, things will run well."Staines echoes these sentiments: "The best way to reduce your liability exposure is to have a process and subsequent documentation in place for each activity - rather like a paper trail. This ensures you have files evidencing that you have considered the appropriate risks and taken steps to address them."Following the recent Lake District prosecution, school standards minister David Milliband urged teachers not to abandon school visits. The overwhelming message is that safely conducted and properly supervised, they are an important part of any child's education. Insurers and brokers have a responsibility to help educate the educators and reduce liability exposure in this sector.