School trips: key legal considerations

Educational visits are a valuable part of school life, offering pupils enriching experiences beyond the classroom. However, they also carry risks, and when incidents occur, the legal and professional scrutiny on staff can be significant. It is essential that schools understand their responsibilities and ensure robust compliance with health and safety obligations. 

Having represented and advised local authorities and teachers in some challenging circumstances when facing criminal and health and safety sanctions after serious incidents, there are critical lessons that schools, governing bodies or local authorities as a responsible employer can take away in planning and preparing for both domestic and foreign educational school trips.

Legal framework and duty of care

Schools owe a duty of care to their pupils, which extends to all off-site activities. This duty requires staff to take reasonable steps to safeguard pupils from foreseeable harm. The law does not expect perfection, but it does expect diligence and sound judgment.  The DfE guidance provides an overview of factors to take into account; Health and safety on educational visits - GOV.UK

Key legal principles include:

• Risk assessment: Every trip must be underpinned by a thorough and proportionate risk assessment. This should identify potential foreseeable hazards, evaluate the likelihood and severity of risks, and set out control measures. Risk assessments must be written, reviewed and updated as circumstances change and must reflect the trip activity being undertaken.  Any dynamic risk assessments undertaken on a trip due to particular circumstances should be documented at the first available opportunity.
• Supervision and staffing: Adequate supervision of pupils is critical. Staff must be appropriately trained and experienced, and pupil-to-adult ratios should reflect the nature of the activity, the age and needs of the pupils, and any specific risks involved. Supervising teachers often act as “loco parentis”, acting as a temporary parent taking on some of the parent’s responsibilities to ensure a pupil’s safety and welfare.
• Emergency planning: Schools must have clear procedures and protocols for responding to emergencies, including communication protocols, first aid provision, and contingency arrangements. Staff should be briefed and trained on these procedures before departure.
• Parental consent and communication: While consent may not be legally required for curriculum-based activities, it is best practice to obtain it for all trips, especially those involving travel, overnight stays, or higher-risk activities. Clear communication with parents about the nature of the trip, risks, and expectations is essential.
• Use of external providers: Where third-party organisations are involved, schools must ensure they meet appropriate safety standards. This includes checking insurance, qualifications, and accreditation.

Staff training and preparation: practical tips

To ensure legal compliance and reduce and minimise risk, schools should invest in structured training and preparation for staff involved in educational visits. Here are some practical recommendations:

1. Annual training on educational visits
   Provide annual refresher training for all staff involved in planning or supervising trips. This should cover legal duties, safeguarding, risk assessment, and emergency procedures.
2. Scenario-based exercises
   Run mock scenarios (e.g. medical emergency, missing pupil, transport breakdown) to help staff practice decision-making under pressure and understand their roles in real-time situations.
3. Trip-specific briefings
   Before each trip, hold a detailed briefing covering:
   • The itinerary and key contact details
   • Identified risks and control measures
   • Roles and responsibilities of each staff member
   • Emergency protocols and escalation procedures

A briefing session setting out expectations of the pupils on any trip should be held with parents in attendance running through the above matters.

4.      First aid and safeguarding certification
Ensure that at least one staff member on every trip holds up-to-date first aid and safeguarding certification. For higher-risk activities, consider additional qualifications such as water safety or outdoor leadership.

5. Clear documentation and record-keeping
   Maintain written records of planning decisions, risk assessments, staff briefings, and parental communications. These documents can be vital in demonstrating that reasonable steps were taken.
6. Post-trip reviews
   Conduct a debrief after each trip to identify lessons learned and areas for improvement. Encourage open discussion and record feedback for future planning.

Conclusion

School trips should continue to be a vibrant part of education, but they must be underpinned by rigorous health and safety compliance. By embedding good practice into staff training and preparation, schools can protect pupils, support staff, and preserve the educational value of off-site learning.   

Ridwaan Omar is a partner at Forbes Solicitors.