Home > Children & The Law > What 'In Loco Parentis' Means to You

What 'In Loco Parentis' Means to You

By: Lorna Elliott LLB (hons), Barrister - Updated: 9 May 2023 |
 
Duty Of Care School Parent Teacher In

You may have heard the phrase ‘in loco parentis’ many times before, but did you know that it actually has legal significance when it comes to looking after other people’s children – either on a casual or educational basis. ‘In loco parentis’ is Latin for ‘instead of a parent’ and in English law it applies in several circumstances.

Examples Of The Duty Of Care

When you leave your child at the school gates you are in effect agreeing to allow the teachers and other staff at the school to act ‘in loco parentis’. You also act in loco parentis when your child’s friends come to stay, or if you take your children and other people’s children on a trip to a local park. Babysitters, childminders, nursery assistants, crèche supervisors and holiday camp supervisors also assume a duty of care during the course of their employment.

Relevant Legislation

So what does this legal definition actually mean in practical terms? There are two statutory provisions that relate to the role of teachers acting in loco parentis: first, the Children Act 1989 provides that teachers have a duty of care towards the children under their supervision, as well as promoting the safety and welfare of the children in their care. The level of this duty of care is measured as being that of a ‘reasonable parent.’

The Health and Safety at Work Act 1974 puts a further obligation on the school as a whole to safeguard the wellbeing and safety of pupils in its care.

School Trips

Increasingly, and with the rise of compensation culture, teachers have grown to dread organising and supervising school trips. The law provides that teachers have the legal responsibility for pupils under their supervision while on the trip, but in practical terms it is impossible to anticipate each and every potential danger. Therefore, the courts have tended to emphasise the ‘reasonableness’ aspect of the duty of care in deciding cases.

What Teachers Can and Can’t Do

  • Teachers are not responsible for children after school hours. If a child is not collected after school, the child can be referred to social services.
  • Teachers are not required to administer medicine to pupils, but should keep a note of pupils who have medical conditions.
  • If a child is endangering themselves or others, the teacher is entitled to use ‘reasonable force’ to stop them. However, there are risks involved with this due to the threat of legal challenges and/or being assaulted.
  • Teachers do not have to supervise pupils during the lunch break.

What It Means To Parents

If you are looking after someone else’s children in a casual capacity, for example, if your child’s friend is staying with you, or you are taking a group of children to a theme park, swimming pool, or other type of outing, then you should exercise the same care and skill in terms of caring for that child as you do your own children (assuming, that is, that you are already a ‘reasonable’ parent, although if you weren’t you’d be unlikely to be given charge of others’ children).

If you put a child in danger or are negligent in the way that you care for someone else’s child, you may be sued by the child’s parents for damages. In these circumstances, you should seek professional advice without delay.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
My daughter is main carerfor son and is going on holiday without him, his father (ex partner) agreed to look after him when she went, he is now refusing because his wife does not want the son in her home and says she will have to cancel her holiday. Her son is 13 years old, what’s can she do do she can still go on holiday? She has not been away in ten years, it’s for her brothers wedding.
Aqua - 9-May-23 @ 6:20 PM
I cannot seem to find enough information online that defines whether a primary school in the UK is legally bound to provide first aid to children.For example: My child had an accident at school today and although seen by her teacher, the teacher did not respond to offer any form of assistance, no first aid to her wounds, no assessment of her needs was carried out, even though many children crowded around her as she had sustained multiple serious abrasions to her skin, the children helped her up from the ground, the class teacher did nothing and saw everything.Is she legally bound to care for children who sustain injuries on their premises or not? At present we are horrified that it seems not to be the case. Can anyone assist with legal information please?
Sophie - 28-Sep-21 @ 6:29 PM
Can public schools mandate that unvaccinated students wear a mask if they feel it is necessary for the students health and safety by acting in loco parentis?If they can mandate a dress code, why can’t they mandate a mask?
Geebs - 29-Jul-21 @ 11:17 AM
My daughter told a teacher at her school, what she was witnessing at home. School reported it to social services. The result was a conviction of 3 counts of assault by beating on me, her mother. Father is a narcissist and now intent on destroying me. Part of his strategy has been to start a relationship with the school nurse’s receptionist, also a parent at the school.My daughter is type 1 diabetic and has to attend the nurse’s office on a daily basis/regularly. My son who is 14, refuses to acknowledge this member of staff as his father’s “girlfriend” and will not meet her in this context. He has also said will no longer attend nurse’s office if ill. I believe this lady has put herself in a conflict of interest - how can she safeguard my children, be in a relationship with a man who has been convicted of domestic abuse in me whilst dealing with me in relation to my daughter’s diabetes? I have approached school and said whilst they sympathise with my family situation. They will not even move this lady to another role within the school. Please help as I cannot let this lie. Thank you
Haze - 12-Feb-21 @ 7:14 AM
My ten year old was meant to be at a after-school club( for which I signed a consent form to collect her at 4pm). However he teacher let her go home at 3pm. I've put a complaint in but didn't know about loci parents. What would be reasonable to expect as an answer from school? Thanks
Jo - 13-Nov-19 @ 1:09 PM
My 4 year old son was playing on the equipment provided by school during lunch, unsupervised, another kid accidentally pushed him and he broke his hand. The school does not get involved in any expenses, I laid a complain about the equipment placed at school, I was told the kids will be supervised, but yet again another kid got injured on the same equipment. Where and when does LOCO parentis apply??
Hun - 21-Oct-19 @ 1:08 PM
My 12 year old Son was taken into a room at school and repeated asked ambiguous questions by two teachers about an incident he had no involvement in and knew nothing about. He was told by the head of pastoral care "you better be telling the truth or we will come down on you like a tone of bricks!". Our Son is of good character and has no history of lying to his teachers. He was upset and confused when he got home as had no idea what they were talking about, for safe guarding reasons they couldn't actually say! The night after he didn't sleep well. We have written a complaint to the school who have basically said while at school the teachers are "Loco parentis" and they were within their rights to question him without speaking to us. Is this right?
CJ - 2-Oct-19 @ 1:23 PM
My grandson was diagnosed last year with adhd,ticks & a couple more problems hand in hand with the others. He began his 2nd year as the diagnosis was received. School were made aware. His problems in class were his fidgeting,silly noises caused by his ticks which his teachers classed as disruptive. These disruptions led to him being asked to leave which in turn led to him kicking off because he loved the work he was doing. We had repeated visits,phone calls but in time he was permanently excluded. He was then accepted into a school specifically for his challenging behaviour but some pupils knew how to wind him up & walk away. Yet again it was him who has been again permanently excluded. This was jan 2019. He was given a home tutor about April a 1/2 hour lesson daily but this is proving a challenge due to not being stimulated enough. He was in the top sets and is exceptional at maths & history, but struggles to put things into writing , another problem he faced. We are still awaiting lancashire county council to secure a place at a school. Is there anything else we can do because I feel his family therapy isnt doing enough.
Spenny - 4-Jul-19 @ 2:09 AM
My 10 yr old boy was taken into a meeting with the assistant head about an ongoing issue with his teacher without my consent . Is this allowed
Roo - 22-May-19 @ 12:26 PM
Who on earth would want their five year old to walk home from school alone??? Disgusting ?? ?? ?? so glad the school is refusing, five, still a toddler.
Bab - 17-Mar-19 @ 10:01 PM
My daughter cut herself with a knife in a technology lesson while the class was unsupervised we have been advised by the head teacher it’s common practice to leave the technology classes unsupervised whilst doing practical work- she is in year 10 it was a significant cut and she needed hospital treatment, the person who had to help her in a panicked situation was a fellow student.
Molly18 - 6-Mar-19 @ 9:18 AM
My child had a paper cut under her by causedby her teacher.I think it may have been an accident however the teacher did not even tell me and they have refused to do an incident report. My 4 year told me after i asked what had happened seeing the mark under his eye. I asked the school to set up a meeting with the teacher in question, instead they got the school administrator to speak on the teachers behalf. Who stated the fact my child was injured in school by a teacher was not classed as an incidentfor them and they would not document what had happened. Then after expressing that i wanted to find out what happened from the teacher in question the head teacher has now called for a meeting.All i would like is an account from the teacher in question regarding what happened and an apology for not telling me as no i have to wonder what else have they not told me.
Crox - 1-Mar-19 @ 4:07 AM
My grandson is 7 years old diagnosed with autism and ADHD and suffers from extreme anxiety; my daughter had asked that my grandson not be spoken to regarding a bullying compliant she has now made official regarding ongoing bullying from another child as my grandson reacts very badly to any discussion and frighted the other child will be spoken to also and will bully him even more; my grandsons extreme anxiety shows as distress,aggression and complete meltdowns; the head teacher has stated he does not need my daughters permission to question my grandson as the school are loco parentis; Advice be very helpful many thanks
Sue - 24-Jan-19 @ 7:53 PM
Head of year awarded my son muppet of the week award at a ceremony at the end of a residential camp in year7 because he got upset when his luggage got left behind on the first day .The head of year new he was an anxious child
Ricky - 1-Oct-18 @ 9:30 PM
Joe - Your Question:
I have a year 5 child and would like them to walk home alone after school. I have been told the head wont allow this. Looking on the web it seems some schools do allow this - which makes me think it is something responsible parents do. I would be happy to put in place a plan - showing the walking route and set up a register so it is clear when the Loco Parentis responsibility of the school ends. If the school still refuses - what recourse do I have. Can I still pursue this?

Our Response:
Talk to the board of governors, ask to see if there is an actual school policy in place and whether there are plans to adapt it following a consultation with parents etc.
LawAndParents - 18-Sep-18 @ 3:24 PM
I have a year 5 child and would like them to walk home alone after school. I have been told the head wont allow this. Looking on the web it seems some schools do allow this - which makes me think it is something responsible parents do. I would be happy to put in place a plan - showing the walking route and set up a register so it is clear when the Loco Parentis responsibility of the school ends. If the school still refuses - what recourse do I have. Can i still pursue this?
Joe - 18-Sep-18 @ 10:22 AM
I had an issue with a teaching assistant last week. My son was climbing (all of the children do it in the same area). It wasn’t icy or wet so I deemed it safe. I was literally standing 2 feet away from him when a TA came stomping up to the only three children that were there (my son included) and very abruptly told them all to go and stand with their parents. She was unprofessional in the handling of the situation. The bell had already gone for the end of day and we were waiting for another Mum. Do the staff have an extended duty of care or were they picking at us? They never tell any of the other children. How I see it is because I am the parent and I was there, they shouldn’t have done that? This is the same TA that I refused to sign an iep for end of last year (she asked me to do it on the playground where there is no chance of reading it properly).
Jeanie - 16-Sep-18 @ 2:37 PM
Chris - Your Question:
My daughter has anorexia nervosa. The school have said that they will not supervise her eating. Are they correct or are they failing in their duty of care to ensure my daughter stays safe and healthy? Their action means that my daughter cannot attend school which means they are not making sure she is included and able to access an education.

Our Response:
Anorexia Nervosa can be classed as a disability and schools have a duty to make ‘reasonable adjustments’ to help disabled students maintain an equal place alongside pupils without disabilities. Supervising a pupil's eating may or may not be considered a reasonable adjustment depending on what the usual provisions are for lunchtimes etc. We suggest you contact the governors and ask for a copy of the school's policy on this. Your local education authority may also be able to advise.
LawAndParents - 23-Jul-18 @ 2:13 PM
My daughter has anorexia nervosa. The school have said that they will not supervise her eating. Are they correct or are they failing in their duty of care to ensure my daughter stays safe and healthy? Their action means that my daughter cannot attend school which means they are not making sure she is included and able to access an education.
Chris - 20-Jul-18 @ 7:02 AM
Maddie - Your Question:
I am a freshman in high school (15). I have been asked to go to a meeting with another student for disciplinary reasons, (a recent minor fight), I asked to have a parent there to represent me, but the administrator says that in loco parentis applies and he will act as my representative. I’m not comfortable with this, I told the admin that and he said that I’m only allowed to have my parent there if the other student has her parents there, and he did not offer to call them so they could come in as well. Is he right? It doesn’t sound logical to me that in loco parentis would apply here because my parents are there at the school, so how can the school act in the place of a parent. His argument could make sense sure, but it seems a bit of a stretch.

Our Response:
This depends really on the school's policy really. There is nothing in law/government policy that specifically mentions parental presence at meetings, see the Guide here
LawAndParents - 11-Jun-18 @ 10:35 AM
I am a freshman in high school (15). I have been asked to go to a meeting with another student for disciplinary reasons, (a recent minor fight), I asked to have a parent there to represent me, but the administrator says that in loco parentis applies and he will act as my representative. I’m not comfortable with this, I told the admin that and he said that I’m only allowed to have my parent there if the other student has her parents there, and he did not offer to call them so they could come in as well. Is he right? It doesn’t sound logical to me that in loco parentis would apply here because my parents are there at the school, so how can the school act in the place of a parent. His argument could make sense sure, but it seems a bit of a stretch.
Maddie - 8-Jun-18 @ 5:18 AM
I’m a mom of four to a 10yr old, 9 year old twins and 7yr old. My children are very mature and I have always walked to school with them. My 10yr old wanted me to sign school forms to say she’s can walk to and from school by herself which I did as she is more than capable of. In the past few weeks all three older kids asked if they can start having more responsibility and taking the 10 minute walk to school which includes all main roads. I would let the three leave the house 5 minutes ahead of me and leave after with the 7 year old. Same thing after school. They have their own key so they walk ahead and go home. Recently I’ve been letting the seven year old hold hands with the ten year old and ahead go ahead on me both before and after school. They are loving the independence. On a few occasions over the past two weeks I let them go it alone for 2/3 days of the week. They love it, we’ve discussed safety procedures and I’ve given my eldest daughter a mobile phone for emergencies. I have another parent get them out of class. Walk them across the road and they are on their way. The level on maturity has changed so much that the teacher of my ten yr old approached me and said my daughter has changed and become even more mature and well grounded. I do believe it’s down to this. They are amazing. I did follow them a few times just to make sure without their knowledge but all was well. Yesterday the headteacher stopped the other parent who gets them from class and crosses the road with them, and took my children from her claiming that she heard my children walk home by themselves and this is not allowed. She took my children into the school office and called to say that she has them. I told her that It’s my choice that they walk home and I couldn’t understand why she was allowed to take them away from the other authorised person. She said that she would not let them leave. I arrived within 10 minutes of the call as police was leaving the building. I was told that I must have a meeting with the headteacher and deputy head now or they will take procedures against me. I asked them if they believed my children were in danger, they said no so I said I had no meeting arranged therefor I am leaving with my children. They used the threat of procedures again. Am I doing anything illegally or neglectful is my question and when does the duty of the school (loco parentis) finish. It is at the school gate?
Wondermom - 7-Jun-18 @ 2:39 PM
Hi for the past 2 years my daughters class has had over 20 teachers ! They are called a bad class ! No teacher stays mire than a few weeks and the head really isnt bothered . She is 9 years old!!! What can parents do legally ??
Nicola McHugh - 21-Mar-18 @ 12:21 AM
Steph - Your Question:
I received a call from my daughter's school stating that my daughter had been brought to the main office by another child's parent because she was found on her own outside the school gates at home time. She was meant to be attending a school sponsored after school club but got confused and left the classroom to find her grandmother she thought was picking her up. The school have taken the tone that it is completely her fault and that she knows she's not supposed to leave the classroom without a parent. The problem is that they didn't even notice she was gone nor that she had not made it to the school sponsored club. My question is whether the school's loco parentis status extends beyond school hours for the purposes of a sponsored after school club? I'm planning a complaint letter to the Board of Governors as this is not the only issue but want to ensure I use the correct terminology. And thank goodness another honest parent found her and helped her!

Our Response:
How old is she? Most schools tell pupils not to leave the school premises/playground without an accompanying adult. In very young children (reception and sometimes year 1) it's common for a teacher to stand and watch children find their parent/guardian, but generally after that age they're expected to know and follow the rules.Clearly there are other issues here that you've not explained so it's difficult to comment. We suggestyou check the school's policy on how children leave at the end of the day and what happens on after school club days.
LawAndParents - 12-Dec-17 @ 9:41 AM
I have a child going on school ski holiday and i have been told his advanced groups maybe slowed in their teaching as the school now insists their safeguarding policy demands a teacher stays with the group at all times on the mountain slopes, and that the qualified instructors[ who have been criminal record checked are not acceptable for safeguarding standards now.] As a parent I place my child in 'ski school' when on holiday and do not follow the ski instructor around the mountain to check for safeguarding concerns - are the schools demands for an ever present teacher reasonable/required by law. Can I forfeit that by writing a letter?Or do I need to accept a less skilfull teacher slowing the group up, on an expensive holiday to improve their skiing?
eggman - 9-Dec-17 @ 2:56 PM
I received a call from my daughter's school stating that my daughter had been brought to the main office by another child's parent because she was found on her own outside the school gates at home time. She was meant to be attending a school sponsored after school club but got confused and left the classroom to find her grandmother she thought was picking her up. The school have taken the tone that it is completely her fault and that she knows she's not supposed to leave the classroom without a parent. The problem is that they didn't even notice she was gone nor that she had not made it to the school sponsored club. My question is whether the school's loco parentis status extends beyond school hours for the purposes of a sponsored after school club? I'm planning a complaint letter to the Board of Governors as this is not the only issue but want to ensure I use the correct terminology. And thank goodness another honest parent found her and helped her!
Steph - 9-Dec-17 @ 12:55 AM
My oldest daughter (21) is bringing my 11 year old out to USA to meet us. What documentation does she need to be loco parentis while we are away and while they travel?
Jan - 12-Jul-17 @ 10:28 AM
I have just purchased a new lamborgini, and everytime i try to drop my son of o school the staff at the school try and force me to stop brining my lamborgini to the school because of the crows that it gathers. is thre any law that states i have to listen to the school and stop bringing my car to drop of my 14 year old boy? Thank you
James - 5-May-17 @ 1:59 PM
Mydaughter was attempted raped in the school playground by another child school staff were notified but no action was taken we found out for days later when a child broke down in tears and told us he didn't contacted the school headmasterremove the child from school until the other child was removed took three months promised us to resolve issues cancelling this that the other we have just got school files and he has not put anything in the records my daughter is being bullied into her secondary school ongoing issues and concerns and then she was moved to a naughty school where the perpetrator was sent once I found that we remove definite school as she has not had an education for over a year and a half we are now trying to get school to admit liability any help what can I do
David - 4-May-17 @ 8:48 PM
LillyAnn - Your Question:
So my DS (yr4) went on a school trip with his school for three nights. All the info we got is that they arrived safely and thats it. One of the parents asked school if they could put at least one pic that we would be calmer. response surprised us - "no all the pic will be posted on the last day" (suposedly they will be with us already) do we loose any responsibility of our kids when we put them in hands of teachers and have no right to that they are ok even if its just one or two pic in a day to post (school has fb ). response of office staff rises red flags to me not because I think kids are in harm but all the atitude. Rather than saying ok we will post one at least to calm you down. We arent going there to check on our kids just few pic was all we asked and "NO" was all we got. Is that normal ?? Do we need a law of some kind to keep parents informed? (Other of friends sent his daughter for one night school trip and didn't have any info about whatsoever until he got her "back" after school trip)

Our Response:
No, this is quite common. Teaching staff need only contact you if there is an emergency or child becomes ill etc.
LawAndParents - 4-May-17 @ 2:43 PM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Topics
Latest Comments