Why Is Duty of Care Important in Schools?

The concept of duty of care can seem daunting, especially when you’re trying to balance your academic and pastoral responsibilities. What does it mean? Why does it matter so much? How can I make sure I’m legally and professionally compliant?

Whether you’re new to teaching, preparing for training, or simply want clarity on your duties, it’s important to know what duty of care means for you.

This article breaks down the legal jargon and explains exactly what duty of care is. With our practical examples and actionable insights, you can meet expectations with confidence and clarity.

Key Takeaways

• Duty of care refers to a school’s obligation to take reasonable steps to ensure their pupils’ safety, health and wellbeing

• Duty of care is both a legal and moral requirement

• Meeting your duty of care as a teacher involves daily supervision, safeguarding, and inclusive practice

What Does 'Duty of Care' Mean in Schools?

Duty of care is a legal and moral principle requiring school staff to take reasonable steps to protect pupils from foreseeable harm. It’s therefore designed to ensure pupils’ safety, health and wellbeing.

Why Is Duty of Care Important?

Duty of care is important in three fundamental ways:

1. Legally

• The Health and Safety Act 1974 (opens in a new tab) means that schools, like all other employers, are legally responsible for protecting the health, safety and welfare of both their staff and pupils

• The Children Act 1989 and 2004 (opens in a new tab) place a legal duty on schools to safeguard and promote the welfare of their pupils

2. Ethically

• Protecting children from physical and emotional harm is equally important as a moral goal

• Children spend their formative years (opens in a new tab) at school, so the care you provide can have a lifelong impact

3. Practically 

• Safe and supported children engage more fully with learning

• When children trust their teachers, this improves school culture (opens in a new tab) and academic progress

Ultimately, upholding your duty of care allows you to avoid negative legal consequences, maintain your school’s good reputation, and increase the likelihood of strong academic outcomes.

Key Areas Where Teachers Must Apply Duty of Care

Duty of care isn’t confined to the classroom; it must be followed in multiple contexts. Here are the key areas where you must apply duty of care as a teacher:

Supervision and Physical Safety

You must provide adequate supervision to prevent foreseeable injuries. This includes break duty, PE lessons, science experiments, and any other activity where pupils could face physical risks.

For example, making sure you have a first aid kit on a school trip (opens in a new tab) is one way to uphold your duty of care when you’re away from your usual school setting.

Safeguarding and Child Protection

Safeguarding is a critical component of your duty of care. You must be able to follow the correct procedures when it comes to identifying and reporting concerns.

For example, if you notice signs of abuse in a pupil, you must report this to your Designated Safeguarding Lead (DSL). Failure to do so would be a breach of your duty of care.

Remember also to follow the guidance of Keeping Children Safe in Education (KCSIE) (opens in a new tab): never promise confidentiality to a child who discloses abuse to you. Some disclosures, such as a child saying they have a desire to self-harm, must be reported to external agencies. Promising something you can’t deliver is therefore not in the best interests of the child.

Behaviour and Emotional Wellbeing

Promoting respectful behaviour and the emotional wellbeing of your pupils is also an important part of your duty of care. While pupils with social, emotional and mental health needs (SEMH) (opens in a new tab) might need additional support, you should focus on helping all your pupils to feel safe, heard and respected.

For example, responding to bullying (opens in a new tab) by taking reports seriously and promoting awareness can help create a safer and more comfortable school environment.

Inclusive Practice and SEND Support

Inclusive practice means applying duty of care to all pupils, including those with special educational needs and disabilities (SEND). This includes identifying and assessing pupils with SEND, providing them with the support, and reviewing their progress.

Making reasonable adjustments (opens in a new tab) is one way to support your pupils with SEND. In practice, this might be allowing a pupil with dyspraxia to type their work, or seating a pupil with a visual impairment (VI) at the front of the class to accommodate their field of vision.

Failure to make reasonable adjustments could be considered a breach of duty or even discrimination.

For more information, refer to our guide on the SEND Code of Practice.

Common Misunderstandings About Duty of Care

Since many teachers worry unnecessarily about their legal liability, we’ve cleared up some common misunderstandings:

‘Does duty of care mean constant supervision?’

No. Rather than protecting children from every conceivable danger at every minute, you’re expected to provide adequate supervision and ‘reasonable care’ (opens in a new tab). In practice, this means acting as a competent teacher would in the same circumstances.

‘Am I legally responsible if a pupil gets injured?’

Not automatically. You're only liable if you've been negligent (opens in a new tab) – meaning you failed to take reasonable care in circumstances where harm was foreseeable. If you've acted as a reasonable teacher would in similar circumstances, you're not legally responsible.

‘Can I be held accountable for things out of my control?’

No. Even with reasonable precautions, accidents (opens in a new tab) can still happen. As long as the event was not reasonably foreseeable and not the result of anyone’s negligence, you cannot be held accountable.

‘Am I responsible for pupils after school hours?’

Generally no, unless you’re on a school trip (opens in a new tab) or supervising an after-school club or detention. Otherwise, once the school day ends, the responsibility for pupils returns to their parents.

How to Meet Your Duty of Care as a Teacher

Follow these steps to fulfil your duty of care effectively: 

• Conduct risk assessments for potentially hazardous activities

  • Identify foreseeable risks and put controls in place

  • Document these assessments and follow school procedures

  • For example, identify faulty or damaged PE equipment and label it so that students don’t use it

• Communicate clearly

  • Share concerns about relevant staff members, such as the DSL

  • Keep parents informed about issues affecting their child’s wellbeing

  • For example, email parents if you have concerns significant concerns about their child’s behaviour

• Know your school’s safeguarding policy

  • Re-read your school’s safeguarding policy

  • Attend all required safeguarding training

  • Ask your DSL for more information if needed

• Document concerns appropriately

  • Keep brief, factual records of safeguarding concerns, behaviour incidents or accidents

  • Demonstrate that you’ve acted responsibly when it comes to a safeguarding audit

When and How to Escalate Your Concerns

When you have concerns about a pupil’s wellbeing, it is essential that you raise them.

Escalate to your DSL immediately if you suspect a child is at risk of harm. This includes disclosures of abuse, signs of neglect, radicalisation concerns, or serious mental health crises.

Escalate to your head of year, SENCO or pastoral lead promptly for non-urgent but significant concerns. This might include worries about a pupil's wellbeing, behaviour patterns, or academic struggles.

Escalate by following your school’s reporting procedures and providing clear, factual information about what you've observed or heard. Avoid speculation or personal opinions. Stick to observable facts and let specialists make professional judgements about next steps.

Never try to handle safeguarding matters alone. Your role is to recognise and report concerns, not to investigate them.

Frequently Asked Questions

Is duty of care the same as safeguarding?

No, although they're closely related. Duty of care encompasses all reasonable steps to protect pupils from harm, including physical safety, wellbeing, and learning support. Safeguarding specifically refers to protecting children from abuse and neglect, and so it is one of many aspects of duty of care.

What happens if I don’t meet my duty of care?

Failure to meet your duty of care could have legal, financial and professional consequences. However, if you've acted reasonably and followed school policies, you're protected.

Do teaching assistants also have a duty of care?

Yes. All school staff have a duty of care.

How can I manage duty of care without burning out?

Remind yourself that duty of care requires 'reasonable' action. You can't prevent every possible risk or solve every problem. Follow school procedures, communicate concerns appropriately, and act as a sensible, competent professional would. Share responsibility with colleagues rather than carrying everything alone.

Final Thoughts

Duty of care is a fundamental part of professional teaching practice. While the legal terminology might sound intimidating, the underlying principle is straightforward: act reasonably to keep children safe and promote their wellbeing.

Rather than aiming for perfection, focusing on acting as a competent, caring teacher would in similar circumstances: supervising appropriately, following procedures, and escalating concerns when necessary.

Though you are legally obliged to uphold a duty of care, it is also the ethical cornerstone of your work. When you meet this responsibility confidently, you help students to thrive.

Trust your professional judgement, work collaboratively with colleagues, and don't hesitate to seek advice when you're uncertain. That way, you’ll make a real, positive difference to the lives of pupils in your care.

References

• TES: In loco parentis? (opens in a new tab)

• GOV. UK: Health and safety: responsibilities and duties for schools (opens in a new tab)

• mySchoolWellbeing: Schools’ Duty Of Care To Pupils (opens in a new tab)

• HSE Watch: Understanding Duty Of Care In Schools In The UK (opens in a new tab)

• How to Conduct a Safeguarding Audit for Schools (opens in a new tab)

• Keeping Children Safe in Education - (opens in a new tab)GOV.UK (opens in a new tab)

• National Claims: Educational Negligence in the UK (opens in a new tab)

• NEU: Education, the law and you (opens in a new tab)

• SSS Learning: Duty of Care (opens in a new tab)