News - Snow gives schools legal dilemma

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Head teachers have to consider the threat of legal action from parents and teachers when deciding whether to close a school due to snow and bad weather.


Hundreds of schools have been forced to shut this week as heads assess health and safety issues associated with snow.


Their decision is based on a number of key criteria, including the possibility of being sued if an accident happens.


They must also balance it against a legal obligation to stay open every day of the school year.


‘Nightmare scenario’


Kent County Council - the largest education authority in the country - closed 53 schools on Wednesday and 33 on Thursday due to heavy snowfall.


Assistant director of education and libraries Dr Ian Craig said: “Head teachers have to be legally aware these days.


“My big worry is that a school insists on staying open and a car slides on ice and skids and kills someone - that’s the nightmare scenario.”

Snow scene

Icy make roads dangerous for pupils


No such situation has arisen, but the council’s insurance company has dealt with claims for accidents in which children have been injured in the playground, although unrelated to bad weather.


Head teachers have other to take on board.


“Parents can also sue if the school doesn’t open for 190 days a year except when there are ‘unavoidable ,” said Dr Craig.


A decision to close a school in bad weather is based on health and safety criteria, themselves based on guidelines drawn up by the Department for Education and Skills.


In Kent, there are four elements:

  • On-site hazardous conditions, including icy footpaths within the school itself and roads outside.

  • Whether enough staff can get in to supervise the children who turn up.

  • Whether a reasonable working can be maintained in school buildings.

  • Whether water is available and the toilets are working .


    Officers at Suffolk County Council, which has been forced to close many of its schools this week, say health and safety issues are at the heart of its bad weather policy.


    A council spokeswoman said: “Decisions to close schools are not taken lightly.


    “Head teachers have to consider health and safety for pupils and staff at the school, and also the potential risks in travel to and from school.”






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