2. DUTY OF CARE
What is it?
Legal requirement to minimise the risk of harm.
Teachers have a duty of care in all aspects of school life and at all times of
the school day - extra curricular activities.
A school activity is one that is organised by teaching or non teaching staff.
3. NEGLIGENCE
If a teacher breaches their duty of care a parent or
party may sue for negligence. In order to sue for
negligence, three factors must be established:
1. There was a duty of care.
2. The teacher or the school have breached that
duty of care
3. An injury has resulted that could have been
foreseen
4. Forseeability
‘Duty of Care means that a teacher must, in all circumstances, protect
students from risks of harm that reasonably ought to be foreseen. This
requires not only protection from known hazards, but also protection from
harm that could foreseeably arise and against which preventative measures
could have been taken’.
Teachers need to be able to step back from their practices
and try and envisage what may occur.
This is why routines and management techniques are so
important - expectations are clear.
5. Forseeability
If an accident occurs that the teacher
should have foreseen, then they may be
negligent.
It is important for teachers to constantly
assess the working environment and make
adjustments to ensure that injuries don’t
occur.
Keep the learning environment positive by
making these adjustments - maximise
learning outcomes.
6. Forseeability
‘Teachers should be aware that doing nothing, can be negligent’
(Tinning et al’ 2001).
A good teacher will put in place a number of management techniques to
ensure that lessons are organised and maximise student safety and
minimise the risk of injury.
THE CHALLENGE:
Exercising your professional judgement to achieve a balance between
ensuring that students do not face an unreasonable risk of harm and
encouraging students' independence and maximising learning opportunities.
Educational Value and Teaching Opportunities.
7. Protocol and Policy
Use the Education Dept of WA manuals for excursions, outdoor education
and water based activities.
New teachers - always check how your school goes about implementing
policy and admin.
ASK!!
8. Developmentally Appropriate Activities
Many negligence claims have been a result of inadequate
lead up skills.
If a teacher asks a child to perform a skill for which they
don’t have the pre-requisite skills to perform - they are
being negligent.
How teaching degrees have contributed to this - generalist
degrees without specialist skills.
Up to date resources a must.
9. Supervision
As a result of precedence set in a number of cases a number of recommendations have
been made for PE teachers:
A supervisor must be in the immediate vicinity (within sight and hearing)
If required to leave a supervisor must provide an adequate replacement (not student
teachers, parent help etc)
Supervision procedures (SP) must be preplanned and incorporated into lesson plans.
SP should show the best place for a teacher stand.
Supervision requires that age, maturity and skill level of students must be considered.
10. Duty to Properly Instruct
Skill development drills and conditioning
must be progressive
Incorrect technique must be corrected
Demonstration of proper technique is a
must.
Detailed records of instruction and
training should be maintained
(programmes)
11. EQUIPMENT
When providing equipment make
sure that it safe, continually check
it.
Select equipment that is appropriate
for the students height weight, skill
and overall competence.
Ensure that equipment is only used
for it’s intended purpose.
Teach all students how to use
equipment properly.
12. Practical
Points
The following points need to be considered when practicing drills:
Adequate spacing between groups
Adequate distance between a hitter and fielder or pairs throwing and
kicking to each other
Grouping students who are similar, equal and comparable can help
reduce injury
Established protocols for safe retrieval of equipment
Use cones and markers as indicators where to set up a drill or a game
13. Telling students just once does not provide ongoing legal protection for a teacher.
This case clearly demonstrates that the teacher had forseen the potential for a safety issue,
but had not enforced it throughout the lesson.
