1.1.2 Legal and Regulatory Framework

Overview

Employers (Local Authorities, MATs, Independent School Groups etc.), their schools and staff operate within a range of legislative and regulatory frameworks. These frameworks require that visits are safe, inclusive and well-managed while recognising that risk cannot be eliminated entirely. In general, the expectation is that employers, their schools and staff take a reasonable approach to managing safety and inclusion. What follows is a summary of the key requirements of these frameworks.

Key Responsibilities

Employers, senior leadership, Governors and board members visibly champion and ensure that appropriate arrangements are in place for educational visits and outdoor learning. This includes:

Clear Roles and Responsibilities

Understanding who holds employer responsibilities within the setting and ensuring legal duties, including those relating to health and safety and inclusion, are met.

A Clear Policy Framework

Ensuring the employer and school has an effective policy for educational visits and outdoor learning. This should cover planning, inclusion, supervision, risk management, charging arrangements and emergency procedures, and should reflect relevant professional guidance.

Access to Competent Advice

Employers must ensure that you have access to appropriate guidance, training and professional advice from a competent Educational Visits Adviser. Training, advice and support is available through EVOLVE Advice.

Inclusive Opportunities

Ensuring that all reasonable steps are taken to include all learners, including those with disabilities, special educational needs, medical conditions, or other barriers to participation.

Proportionate Oversight

Agreeing appropriate procedures for the approval and notification of visits.

Staff Competence

Confirming that a suitably trained, competent and informed Head/Manager, Educational Visits Coordinator (EVC), Visit Leader and Assistant Visit Leader is appointed and that responsibilities between Governors, the Head/Manager, the EVC and visit staff are clearly defined.

Effective Safeguarding Arrangements

Confirming that an appropriate number and combination of suitably selected, vetted, trained, competent and informed visit staff are deployed (including volunteers). Ensuring appropriate monitoring of pupil, staff and provider behaviour. Clear lines of reporting and access to the DSL.

Risk Assessment

Undertake a suitable and sufficient risk assessment and record the significant findings of this process. Identify what could cause injury or illness (hazards), decide how likely it is that someone could be harmed and how seriously (the risk), take action to eliminate the hazard, or if this isn't possible, control the risk. Communicate these control measures to relevant parties and review their effectiveness.

Provider selection

Select appropriate providers and cooperate to achieve safety. Monitor the providers continued suitability.

Monitoring Safety and Quality

Ensuring that systems are in place to evaluate and monitor visit planning – learning from experience and responding appropriately to incidents, near misses or concerns.