Hampshire County Council

The duty of care extends to after-school activities and clubs, off-site activities including schools trips and residential activities (see Thomas, Chapter 8) when they are engaged in authorised school activities elsewhere (DFE/TPCD, 1995, 35.7) and may be 24 hours a day throughout an entire journey. The duty can only be put aside when responsibility is reasonably delegated to others. Additionally, a teacher owes a duty of care where a child is allowed out of school before the end of the day. In the case of Barnes v. Hampshire County Council (1969) it was held that the teacher and the LEA were liable as the child was allowed out of school before her mother arrived and was subsequently injured. The judge considered that an accident of this type was foreseeable, as the teacher knew the time the crossing patrol was available. This reminds us of teachers responsibility for the welfare, upbringing and education of the pupils in their care, in particular, of the need to be constantly mindful for the pupils health and safety. 

Hampshire County Council is one authority that has adopted the Standard with some variations. For example, the County Council regularly carries out Feasibility Stage Road Safety Audits on large schemes for small schemes the site visit may be carried out by one auditor at Stage 3 the audit team assesses the need to carry out a night-time visit. 

Some local authorities have difficulties with the night-time visits due to issues of health and safety or related to overtime payments. The need for night-time visits at all Stage 3 Road Safety Audits is clearly stated in the Road Safety Audit standard. If a local authority does not undertake night-time visits on all schemes, it should describe the policy in a published Road Safety Audit procedure (see the references to the Transport for London, Hampshire County Council and Devon County Council procedures in Chapter 2). 

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