Duty of Care Students Policy - Case Study Example

1.0 Introduction This paper presents an analysis of duty of care student’s policy from the department of education. The report provides an overview of the policy, elements associated of the policy, subjects of the policy and its importance. Furthermore, it provides a synthesis of three scenarios related to a breach to duty of care policy and the implications of these behaviors. Duty of care is a legal concept which has its origin in the current common law and to a larger extend drives most of the school policies and practices (2.1, section 2). According to section 2.1 of the EDWA (2007), duty of care policy attempts to explain what “duty of care” means as well as how teaching staff should discharge their duty of care to the students. The policy too outlines circumstances in which non-teaching staff, external providers and volunteers may owe student’s a duty of care (section 2.1, EDWA 2007 Policy). According to section 3.2 of the EDWA (2007) policy, duty of care is a law which has been imposed to schools primarily to take care of the students, minimize risks and prevent them from harm (3.2, EDWA 2007 Policy). The duty of care policy therefore has been imposed to schools by law courts mainly to protect student’s interests as well as ensure their safety when out of school or within school premises (3.2 EDWA 2007 Policy). 2.0. Discussion 2.1. The policy The apparent rationale for writing the duty of care for student policy is to ensure that teachers and the educational institutions as a whole adhere to the requirements of the policy (section 5.4, EDWA 2007 Policy).Duty of care policy was implemented significantly to ensure student’s safety and care while on school premises as well as on important school activities such as sports (2.1, EDWA 2007 Policy). In addition, it was significantly developed to ensure that teachers discharge their duties sufficiently well to the students without any negligence. Moreover, the policy was developed to ensure a duty of care for students in the hands of other parties such as non-teaching staff, external providers as well as volunteers (2.1, EDWA 2007 Policy). The main subjects in this policy requirement comprises of students, teaching staff, non-teaching staff, external providers, volunteers and registered training organizations (3.3-3.9, EDWA 2007 Policy). The first issue covered by this policy is that teaching staff have a duty to take reasonable care for the safety and welfare of the students on school premises and when involved in school activities. According to the duty and care policy, teachers have a responsibility to put in place reasonable measures in all circumstances that protects the students from risks or any other harm which might be foreseen. (section1.0, EDWA 2007 Policy). Duty and care policy requires teachers to implement preventative measures which not only provide protection to the students from known hazards rather unknown hazards too (section1.0, EDWA 2007 Policy). The other issue covered by this policy is related to the discharge of duties by the teachers. The duty of care policy (section5.3, EDWA 2007 Policy), stipulates that when teachers are discharging their individual duties related to student care responsibilities, it necessary for them to exercise professional judgment. (section5.3, EDWA 2007 Policy). This very important to the teaching staff, as it ensures students safety from an unreasonable risks or harm as well as it provides room for students to develop independence and maximize in learning opportunities. The last issue covered by this policy is related to non teaching staff, volunteers as well as external providers. The EDWA policy (section 5.4),stipulates that, non teaching staff, volunteers and external providers form part of the community hence it important for them to take reasonable care as far as students interests are concerned (section5.4, EDWA 2007 Policy). These parties therefore have a duty to ensure care and safety by getting rid of certain things which may cause harm or injury to the students (section1.0, EDWA 2007 Policy). The duty of care for student policy has a number of elements. It is quite obvious that teachers owe a duty of care to students hence they are expected to take responsible care in ensuring that the students do not experience injury or harm. In discharging their duty of care responsibilities teachers are expected to utilize their professional judgment in order to achieve a balance between maximization of learning opportunities for the students and ensuring that these students do not experience an unreasonable risk of injury (section5.3, EDWA 2007 Policy). . Non teaching staff or volunteers who are charged with the responsibility of taking care of the students are also expected to adhere to the duty of care and ensure protection of the students from risk of injury or harm. 2.2. Scenarios Scenario one A number of students arrive early to school at about 7:40 am each morning. The first teachers usually arrive about thirty minutes later 2.2.1. Discussion Given the above scenario it is quite obvious that there was a breach to duty of care for students. Teachers arriving late for classes not only indicated a lack of responsibility in keeping time but also exposed the students to developing laziness and lack of duty in future circumstances. According to duty of care policy section 5.3 of EDWA policy 2007, teachers have a duty of care for the students and their lateness could in one way or other impose risks to the students. For example, if an accident happens within the school compound the students would have no adult supervision within those 30 minutes imposing damage and harm to the students. Scenario Two A teacher plans a science lab where in the course of carrying out experiments the students are exposed to a poisonous chemical and fall ill shortly afterwards. 2.2.2. Discussion In the second scenario the lab teacher had a duty of care for students in ensuring that the chemicals they were using were not harmful. It was his duty to take reasonable measures by ensuring that the students wore protective gear to protect them from the poisonous fumes. In relation to the duty of care policy section 5.1 of EDWA policy 2007, teachers have a responsibility of taking reasonable duty of avoiding harm by putting place proper measures. The teacher therefore neglected this important the duty of care and therefore exposed the students to harm. Scenario Three While on a school trip to the National Museum students are injured in an accident caused by reckless driving by the driver 2.2.3. Discussion On the other hand the duty of care for students lied with the school bus driver and the teacher(s) traveling with them to the school trip. The teachers had a duty of care in ensuring that the students are well seated on their seats and have their safety belt on in case of an accident according to section 5.4 of EDWA policy, 2007. The driver also had a duty of care for the students in ensuring that he drives careful to avoid any foreseen incidences on the road according to the policy instructions related to non-teaching staff. However, both the teacher(s) and the bus driver neglected their duty of care by the teachers allowing the driver to driver reckless and not warning him and on other hand the driver deliberately driving reckless causing an accident .This act was contrary to the issue covered by duty of care policy in section 1.0 of EDWA policy, 2007. 3.3. Duty of Care for Students policy requirements and measures to be taken Under the Duty of Care policy the duty of care exists where students are in the classroom, engaging in school activities, involved in excursions or camps or are in the playground. The school is required to exercise authority over the behavior of children which was not the case in the aforementioned scenarios (EDWA policy, 2007). Additionally the duty of care owed to a student by a teacher is that of a reasonable teacher in that the care owed is the duty a person would expect from a hypothetical teacher possessing normal skills and attributes .Teachers are therefore expected to follow good standards and approved practices where risky classes and activities such as the one presented in scenario three require a greater degree of supervision. Teachers can however not be held responsible for every accident that takes place within the school compound during school hours. The courts understand and accept that some accidents or injury will take place no matter how well supervision is carried out and in such cases the teacher or school cannot be held liable for breach of duty of care for students. 3.4. Conclusion The policy of duty of care is a policy which has been imposed to school by law courts primarily to protect the interest of the students as well as ensure their safety when on school premises and out of school premises for a school activities. It is a fundamental policy which ensures that students receive appropriate care from the concerned individual’s thus teaching and non teaching staff. Duty of care policy therefore is an important tool which ensures that teachers act and behave in a responsible manner when discharging their individual duties. Duty of care policy differs in application with the circumstances for instance more care is expected if one is taking care and teaching a group of young children as compared to a group of senior students. However, regardless of the circumstance or background of the students all educators owe a duty of care to their students. References EDWA (June, 2007).Duty of care for student’s policy document from the WA Department of Education.Retrived on 24th march, from http://www.det.wa.edu.au/policies/detcms/policy-planning-and- accountability/policies-framework/policies/duty-of-care-for- students.en?oid=au.edu.wa.det.cms.conte Read More