Duty Of Care Act

There are many questions and arguments that remain about the standard of care within schools. Should the current standard of care in relation to schools be increased or remain the same or be substantially reduced? Does law of torts make a teacher’s job too difficult? Should schools always be held liable when a student is injured? ‘A tort is a “civil wrong” and for someone to commit a tort they have to interfere with another person’s rights, or fail in their legal obligations to that person, and this causes the person to suffer.’ (Drew Hopkins, 2008) An example case of civil wrong is State of Victoria v Bryar [1970] 44 ALJR 174.

This legislation places a duty on employers for the health and safety of their employees and anyone else on the premises. This includes responsibility for the teachers, non-teaching staff, children, visitors and contractors. In my

The Education Act 2002 – local schools and authorities are required to protect and safeguard and promote the welfare of children.

| Section 175 of the Education Act 2002 requires local education authorities and governing bodies of maintained schools and FE colleges to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of children.All children deserve the opportunity to achieve their full potential.  The five outcomes that are key to children’s and young people’s wellbeing are: * Stay safe * Be healthy * Enjoy and achieve * Make a positive contribution * Achieve economic wellbeing The school should give effect to their duty to safeguard and promote the welfare of their pupils (students under the age of 18 years of age) under the Education Act 2002 and , where appropriate, under the Children Act 1989 by: * Creating and maintaining a safe learning environment for children and young people. * Identifying where there are child welfare concerns and taking action to address them in partnership with other

This Act which is born from parent’s needs has a specific impact on childcarer's practice, but not only, as course handout 1a (2012, p2) confirms This Act is ‘for all those who are responsible for planning, running and using early childhood services’.

This Act, which regulates the childcare in England, formalise the important strategic role of local authorities play through a set of duties. These duties require

The Act was introduced with the purpose to handle education aspect in Britain (Parliament, No Date). The Parliament (No Date) further added on by stating the act permitted ‘voluntary schools to carry on unchanged, but established a system of ‘school boards’ to build and manage schools in areas where they were needed’. The Act contains three parts and five schedules that deal with organizational issues.

in several sporting activities, given health and safety consideration it is recognised that a sports organisation or individual owes a duty of care to its members. However it is also understandable that accidents can and do happen and that it is not possible to predict every eventuality. Liability for the legal duty of care would only arise when an incident occurs and it can be shown that the risk was foreseeable but no action had been taken remedy

The second piece of evidence demonstrating the criteria related to critical thinking is the legal case study, Duty to Uphold Standards of Care, completed in NUSC 5273 Law, Policy, and Procedure in Healthcare in the Fall semester of 2016 (Appendix B). The objective of this assignment was to analyze a malpractice case and conclude what type of law was involved, survey risk management processes and arrive at a conclusion of how malpractice in this setting could have been averted.

Companies are legally and morally responsible for the wellbeing of employees whether they are traveling temporarily or on expatriate assignments. It is the duty of the company to educate and train their traveling employees. According to Global Human Resources Professor at Willamette University, Lisbeth Claus, Ph.D., SPHR, GPHR, all companies need to implement a program regularly called a “duty of care plan”. Their plan should assess risks, plans, trainings, tracking and assistance and should also change as events happen within the company and around the globe. (Bates, SHRM)

A duty of care is mandatory in terms of legal issues and is enforced on an individual and it involves sensible care while performing any acts and should eliminate foreseeable actions which may put others in harm. An example of this is when a teacher should ensure the safety of the pupils.

A school comprises of a delicate relationship between the teacher and students. Therefore, the presence of both these components is necessary to develop the foundation of a school. So, in my opinion the most important string of ethics and morals should be shared by teachers and students. The professional educator is not only responsible for teaching a certain course to a grade level but also preach about civil values such as integrity and truth. In order to do so, the teacher should maintain certain standards and ethics towards her students. Enforceable Standards under section 3 regarding ‘Ethical Conduct Toward Students’ consist of the most prominent standards that the educator is expected to follow. It consists of rules such as the

The duty of care is a fundamental legal principle of tort law. Tort law is central to the Canadian legal system and it provides compensation for the grieving person who was damaged by the wrongdoing of another person. For example, if a physical education teacher allows students to play on a construction site for physical education the teacher is negligent. The teacher owes her students a duty to take care of them and by allowing them to play in a construction site she breaches that duty and may be found negligent and liable for damages. Further, the school board who employees the teacher may also be liable, vicarious liability which will be explained in question Part C #7). The precedent has been set for teachers by the Supreme Court of Canada in the case of Thornton et al v. Board of School Trustees (Prince George,1975) when it found that the teacher owes a higher level of care than a careful parent. Similarly, in the Myers et al v. Peel County Board of Education (1981) the court found that the teacher “owes a higher standard of care than that of a prudent parent”. Further, the Alberta Court of Queen’s bench found that the teacher was negligent when the teacher did not meet the “professional” standard of care expected of a gymnastics teacher, which according to the court was the direct cause of the student’s paralysis at the school gymnasium.

Such as mandatory training, where by law teachers are duty bound to report any incidences of abuse or misconduct. A teacher must at all time be responsible for the students in their care; this is from the Duty of care policy, (DoE, 2007). This policy states that the guidelines from reasonable care indicate that the duty is not that harm will ever occur, rather that it is a teachers duty to have a plan put in place to avoid it. A teacher must always think about the choices they make in terms of care for students. The policy is there for teachers to use care for the students, in the classroom and out of.

To address this question, a basic understanding of Irish law with all its complexities and contradictions is necessary. Irish law lays the foundations for all aspects of life within Irish society and just as society itself is constantly evolving, so too is Irish law as it is being constantly updated, reviewed and amended to keep up with the times and a modernising society. This essay will focus solely on the education sector and the respective underpinning principals which guide, direct and influence practitioners as they work within this sector. The themes of reasonableness, proportionality and equality form the back bone of the Irish legal system and this is no different within the education sector. By focusing on the aforementioned themes, this essay will discuss areas of health and safety, duty of care and negligence, bullying, special educational needs, employment law, codes of behaviour, child protection and family law as well as admission and participation policies and furthermore draw upon relevant legislation and appropriate documents and cases to highlight the governing legal principals at play within the education sector. As practitioners in this sector, one must be continually aware of the changing nature of society as well as the underpinning legal principles which govern and direct all aspects of teaching, learning and administration.