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Teachers and the Law

Where do I get my authority to carry out my official duties?
It comes from Legislation rather than the convention "in loco parentis". The Public Sector Employment and Management Act and the Education Act authorizes you to carry out your duties because of the degrees, diplomas, certificates etc you possess.

What is meant by "duty of care"?
This is the term used for your responsibility as an official (teacher) to your students. Because of your training the level of care is expected to be much higher than that of the average citizen. You are expected to administer behaviour levels of students, using talks, explanation of rules, and parameters for students in which to operate and to seed assistance if these methods fail. You are expected to show reasoned and reasonable judgment. You are not expected to "foresee the unforeseeable".

What is the central thrust of "duty of care"?
Your ability to take reasonable precautions, show reasonable judgment, and by the use of your training, carry out your legislative responsibility.

Can I use restraint in order to discipline and child?
Corporal punishment is not delegated in School Sport. However if a child is in danger of injuring himself/herself or other children or if you need to protect yourself against physical danger, you could use reasonable restraint - not corporal punishment.

What if a child sneaks away from an organized activity and gets hurt elsewhere, am I liable?
You need to be able to show that you had taken all reasonable precaution so that such an incident would not occur. Explanation of rules, parameters of operation for students, warning of consequences would seem reasonable.

What is meant by vicarious responsibility?
This is a legal situation where the employer is responsible for the action of the employee.

this page was last updated 5th December 2003