What 'In Loco Parentis' Means to You

Originally written by Lorna Elliott, updated by the editorial team on 18th May 2026

"In loco parentis" is Latin for "in the place of a parent". In English law it describes the duty of care an adult takes on when looking after someone else's child, for example a teacher, childminder or club leader, without gaining full legal parental status.

What does 'in loco parentis' actually mean?

'In loco parentis' is Latin for 'in the place of a parent'. In English law, it describes the responsibility certain adults take on when looking after someone else's child. The person standing in loco parentis temporarily assumes some duties that would normally fall to the child's parent or legal guardian.

While historically significant in English common law, the concept's modern application is more nuanced. Child protection law in England and Wales now operates primarily through statutory frameworks centred on 'duty of care' and 'safeguarding' obligations, as established by the Children Act 1989 and subsequent legislation.

The doctrine does not give someone full legal parental status. It does not allow them to make major medical decisions or consent to marriage on a child's behalf. It creates a framework of responsibility that allows adults to exercise reasonable care and control over children in their charge.

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When does someone act in loco parentis?

This principle applies in various common situations:

Teachers and school staff assume a duty of care during school hours and activities, now primarily governed by Keeping Children Safe in Education and specific safeguarding laws.
Childminders, nursery workers and crèche staff have legal duties while children are in their care, whether the setting is registered with Ofsted or operates informally.
Holiday club supervisors, sports coaches and activity leaders take on this responsibility during organised activities.
Babysitters, whether paid or unpaid, assume responsibility while looking after children.
Family members and friends who look after children, even informally, may have duties of care during that time.

The principle can also apply if you take other people's children on an outing, or a friend's child comes to your house to play. The key factor is that the parent has entrusted their child to your care, either explicitly or by implication. The responsibility begins when the child comes into your care and ends when they return to their parent or another authorised person.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What responsibilities come with this role?

Taking on care of a child creates a duty of care. You must take reasonable steps to ensure their safety and wellbeing while they are in your charge.

The standard expected is that of a reasonable parent. You do not need to guarantee nothing will ever go wrong. Children fall over, have disagreements and occasionally hurt themselves. What matters is whether you took reasonable precautions and responded appropriately.

The duty includes:

Providing adequate supervision appropriate to the child's age and the activity
Taking reasonable steps to prevent foreseeable harm
Responding appropriately if the child becomes ill or injured
Not exposing the child to unnecessary risks
Acting in the child's best interests when making decisions

The level of care required varies with circumstances. A teacher supervising a chemistry practical needs different precautions than one overseeing a reading session. A childminder with toddlers needs closer supervision than someone caring for older children.

Someone with care of a child may exercise reasonable discipline and control, but not physical punishment. Since 2022, the defence of reasonable chastisement has been abolished in Wales. In England, the defence remains but is very limited, with ongoing discussions about similar reforms.

Legal framework and practical points

The Children Act 1989 is the main legislation governing child welfare in England and Wales, establishing that the child's welfare is the paramount consideration. Section 3(5) states that a person without parental responsibility but with care of a child may do what is reasonable to safeguard or promote the child's welfare.

The Children Act 2004 strengthened the statutory framework, placing duties on local authorities to safeguard children. The Education Act 2002 requires maintained schools to make arrangements to safeguard pupils, with similar duties applying to academies and independent schools.

For childcare providers, the Childcare Act 2006 sets out registration, inspection and standards requirements. Ofsted oversees most childcare provision in England; Care Inspectorate Wales performs a similar role in Wales. If someone with care of a child fails in their duty and a child is harmed, they may face civil liability for negligence or, in serious cases, criminal consequences.

If you regularly look after other people's children, communication with parents helps: knowing about allergies, medical conditions, or specific needs means you can care for the child properly. Professional childcarers must usually register with Ofsted or Care Inspectorate Wales, though some exemptions exist. The GOV.UK website has guidance on registration requirements.

Insurance matters too. Childcare businesses need public liability insurance. Even for informal arrangements, check whether your home insurance covers accidents involving visitors. Schools and childcare settings should have clear policies on administering medication, medical emergencies, and uncollected children.

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78 questions

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LawAndParents Editor 17/05/2026 at 1:29 pm

@Silinda This sounds less like an in loco parentis matter and more like a governance and corruption issue at the school itself. Your best route is to put your concerns in writing to the local education authority or schools inspectorate in your country, ideally as a group of parents rather than alone. If criminal corruption is involved, report it to the relevant anti-corruption body too. Keep copies of everything you send, as a paper trail really matters if it escalates.

Silinda 20/06/2025 at 8:58 am

Am having two children that are learner at grade 7 and willing to continue learning in the same school but because of ownership and ceremonial monks fighting over the school but i parent willing our children to continue.
Please help how can we take it far as even corruption erupted the school.

Aqua 09/05/2023 at 6:20 pm

My daughter is main carer for 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.

Sophie 28/09/2021 at 6:29 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?

Geebs 29/07/2021 at 11:17 am

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?

Haze 12/02/2021 at 7:14 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

Jo 13/11/2019 at 1:09 pm

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

Hun 21/10/2019 at 1:08 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??

CJ 02/10/2019 at 1:23 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?

Spenny 04/07/2019 at 2:09 am

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.

Roo 22/05/2019 at 12:26 pm

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

Bab 17/03/2019 at 10:01 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.

Molly18 06/03/2019 at 9:18 am

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.

Crox 01/03/2019 at 4:07 am

My child had a paper cut under her by caused by 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 incident for 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.

Sue 24/01/2019 at 7:53 pm

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

Ricky 01/10/2018 at 9:30 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

LawAndParents Editor 18/09/2018 at 3:24 pm

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.

Joe 18/09/2018 at 10:22 am

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?

Jeanie 16/09/2018 at 2:37 pm

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).

LawAndParents Editor 23/07/2018 at 2:13 pm

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.

Chris 20/07/2018 at 7:02 am

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.

LawAndParents Editor 11/06/2018 at 10:35 am

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

Maddie 08/06/2018 at 5:18 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.

Wondermom 07/06/2018 at 2:39 pm

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?

Nicola McHugh 21/03/2018 at 12:21 am

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 ??

LawAndParents Editor 12/12/2017 at 9:41 am

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 suggest you check the school's policy on how children leave at the end of the day and what happens on after school club days.

eggman 09/12/2017 at 2:56 pm

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?

Steph 09/12/2017 at 12:55 am

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!

Jan 12/07/2017 at 10:28 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?

James 05/05/2017 at 1:59 pm

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

David 04/05/2017 at 8:48 pm

My daughter 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 headmaster remove 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

LawAndParents Editor 04/05/2017 at 2:43 pm

No, this is quite common. Teaching staff need only contact you if there is an emergency or child becomes ill etc.

LawAndParents Editor 04/05/2017 at 2:27 pm

Yes the college should be held accountable for this. We suggest you contact the college management first of all and find out what remedies that can offer. If you're not satisfied and the course is recognised by Ofqual you could contact them. If it's a non-regulated course/qualification, you might need to seek legal advice.

LillyAnn 04/05/2017 at 11:41 am

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)

Bambam75 04/05/2017 at 7:57 am

My daughters college has not got sufficient tutors to teach her subject - level 2 pattiserie at catering college. She - and the rest of the class- has no qualified tutor and have their end of course exams coming up within the next few months. They do not know what the will be tested on as they have not had any practical teaching lessons for the last few weeks. Their tutor resigned his post some weeks ago and no tutor has been provided for them. They are all concerned that they are going to fail - my daughter handed all her written work to the tutor before he left and it appears to have disappeared. Does the college not have a legal obligation to provide a sufficient level of course content and qualified tutors ? If all 9 students fail the college should be held accountable. Any advice on how to proceed with the college would be most appreciated.

LawAndParents Editor 20/03/2017 at 2:18 pm

This is a school policy and it sounds as though it needs some clarification. Most 8 year old pupils would be expected to go straight to their classrooms unattended once their parents had ensured they were safely through the door - so the latter seems like a reasonable policy. We're not sure how the late mark is given unless pupils are stopping off (maybe at the toilets) en route to their classes.

stu 17/03/2017 at 8:38 pm

The primary school has set a local policy that pupils can enter the school upto 8:55am without having to be signed in. It has come to light that the school have been marking pupils (8 years old) as late even though they have entered through the door before it has been shut. When the door is shut, parents are required to go to the main entrance (different door) and sign the pupil in electronically. Are they allowed to mark the pupils as late if they go through the door before 8:55am if they have not had to be signed in electronically? They have changed to this routine since hiring a new head. Before this parents were allowed to enter the school and walk them to their classroom. Now this has been stopped. Surely it is the schools responsibility to ensure that children coming into school are monitored and guided to their classrooms as the parent has now left their child in the schools care?

Zed 09/02/2017 at 12:11 am

I dropped both of my kids of at school at 8.50am (staff are in the playground at this time). I found out after school that another mum had approached both my girls asking them if they are hitting her son. My girls said no and the mum went into the school office to complain.
I was shocked that a stranger could approach my two girls in the school playground whilst staff were there (the school staff did not see what happened). Regardless of what thus mother said to my girls, if felt like my kids did not have anyone to stand on their side. It turns out that the boy lied about my girls hitting him and in actual fact he was hitting my youngest daughter.

I now feel that I should wait with my kids in the car until the school bell rings at 9am. That stranger could have behaved worse than that or it makes me feel that any person can approach my kids in the school playground.

What responsibilities does the school have in this situation and what should be done about it. I live in the UK.

Odin 18/01/2017 at 9:08 am

Do your rights as a parent override loco parentis whilst your child is at school.
We recently advised our son to sit a lesson out and go to the library as he was shouted at for something he did not do and teacher told him he was not to come back to her class until his apologized.
Our son sat out lesson as we instructed and he has been sanctioned and we have been told we as parents have no rights to influence what our son does whilst at school.

Hally 12/01/2017 at 9:27 pm

My son is in year 8 and he injured his hand playing basketball and when he told the teacher his reply was I'm not bothered and he told him to see another teacher the other issue is that me and my wife asked for my son to be removed from the same teachers other class maths which he was removed from how can I make sure this teacher has nothing to do with my son
With thanks
Andrew Hall

Worriedmam 22/12/2016 at 2:20 pm

My son started a specialist high school ( he has asd & ADHD) he was in school for 5 days as I have taken him out has he came home with bruises under his arms. This has apparently been investigated and came back with nothing. Also he was team teached on 3 occasions in those 5 days for really trivial things. I have had nothing from school as in information as to how my son came to be harmed. Do we have a case of neglect or assault?

LawAndParents Editor 25/11/2016 at 12:07 pm

She should write a letter to the school asking to be kept informed of any events etc. Usually letters are sent home with the children themselves so it if your daughter is not the one picking up, that may be why she's not getting the letters etc. Also school's websites are usually kept well up to date with news about events etc.

Sez 24/11/2016 at 9:09 am

My grandchildren school are constantly undermining my daughter by excluding her from anything to do with her children education she has full custody instead any important decisions are discussed and decided upon by her ex partner and his sister with the school and my daughter is only told after the event what rights has she got to stop this happening

Confused parent 14/07/2016 at 4:56 pm

School runs an after school club that my yr 4 child attends. Apparently the children were told of an impending cancellation to the club. But the parents were only emailed on the day ( an email I didn't see due to work) school defends the method and lateness of the cancellation communication because the children already knew. I say parents should have been told sooner and children so young shouldn't be relied upon. Am I right? Thanks I advance.

LawAndParents Editor 29/06/2016 at 12:30 pm

Make a complaint to the head teacher and the governors, a school should always contact a parent first in this kind of situation.

Chez 28/06/2016 at 9:01 am

Hello my daughter had her lunch and lunch card taken out of her hand yesterday due to a change in circumstances with benefits that we as parents knew nothing about. She had to mock exams and had no food from leaving the house at 7.45am until her return at 4.15pm, what should I do about this as I am furious and they are supposed to act in loco parentis surely they should have given her some food regardless of the situation?

ydnam 22/04/2016 at 8:29 am

Sorry there are too many conflicting pieces of information here, you say the school phone your husband to say they were excluding him but your husband did not go into the school to speak to them/take your son home? It would be better for you both to make an appointment to see the head teacher (you could ask to have one of the governors present too) and establish the full facts of the situation and the options available to your son from here on.

Can I add: that the school placed my son in isolation for over and hour, with a pen. Self harmers do tend to use whatever they can access, and there apears to have been no thought as to what might have happened whilst my son was alone. He told me yesterday about this. Also, the school did not phone to tell my husband that he was being exluded, but to advise he was to stay home the next day. At the end of school time, my son was released, again unsupervised - there was no attempt to detain him until an adult could collect him. My husband was not asked to collect him during the call. I feel there was a complete lack of belief in my sons disclosure of self harm - the reason he had the knife in school in the first place. There was a letter sent to the school last july from my sons consultant to confirm that he had anxiety and anger issues - none of this has been acknowledged by the school and no assistance has been offered, ever. There has been uproar about the safety of the other child, but not one mention about the schools duty of care to my son.

LawAndParents Editor 20/04/2016 at 11:49 am

worried mum 18/04/2016 at 10:54 am

Hi, my son attends a local secondary school and has suffered from extreme anxiety for around 8 years -he has additional physical health concerns, is borderline autistic (but paedeatrics suspect possible more likely to be mild ADHD) and has not had an easy start in life. He has extremely low self esteem, something which was addressed in primary school but has been ignored in secondary school where he suffers regular bullying. During 3 years of secondary school education he has received little or no additional help in a large school of 1200+ pupilsSadly, he made an extremely poor decision to take a knife to school recently, he says to show his friends (I believe him) but when showing them somebody came over and goaded him and he threatened the other boy. nobody was hurt, but obviously this is a serious offence. he later volunteered that he has been self harming (he had the scars to prove this) and felt suicidal. The school phoned my husband after secluding my son for the remainder of the day, and explained he would not be attending school the following day. We have now been told that we can choose to have him formally excluded, or we can opt for a PEX Withdrawn - this is where we elect to educate him elsewhere (so an informal exclusion - i thought this was illigal?). My biggest concern at this point is that the staff member sent my son home unaided, to an empty house, where he self medicated with alcohol. He is 14. It could have been worse, it could have been tablets or knives :( . My question is, has the school been negligent in not requesting a parent collect a child who has proof they are self harming? If he had hurt himself badly, who would have been responsible. I am fully aware that my son has committed an offence, but equally horrified that they left him to leave unescorted, he could be dead.

Michelle 02/03/2016 at 7:12 pm

I have a eight year old son in guardianship with my mother and her husband. Through court it was agreed I see my son three times a week.
My mother doesn't always abide by this. He started going beavers I was pleased about this and agreed for this to happen on our day Wednesday (not that she has any respect for my rights as a mother anyway ) Now he goes cubs on a Tuesday as this is the the step from beavers but refuses my day back. But this was legal set up. She breaks the contract whenever she wants and uses my son as a weapon to punish me when she don't get her own way. I find myself apologising just to keep the peace quite often when I'm not in the wrong because she stops me seeing him. I've heard her on a few occasions threatening to sting my son's legs and calling him names which isn't healthy for his self esteem. In her world she thinks I have no rights what can I do.

Bob 09/11/2015 at 9:36 pm

My six year old grandson has a medical condition which he has had since birth. He suffers from what is described as 'impactive constipation' which manifests itself as an inability to open his bowels without severe pain. He is under the care of two consultant paedatricians at different hospitals, who have prescribed varying doses of 'Movicol' to enable him to to do so. This has until now had some success, though he has had problems in school with soiling his underwear as a result of the medication. The School nurse has been involved and until recently the school had additional classroom support for him, though this was recently withdrawn. As a result my daughter - herself a secondary school teacher - has been called to school on a number of occasions to 'clean him up'.
He is awaiting a referral to counselling services, and though regarded as an urgent case no date has yet been set.
Last week he was rushed into hospital with severe intestinal pain, which revealed a new major blockage, and he has been put back on the Movicol regime.
My daughter has contacted the school to explain the implications, but his class teacher has said that he cannot cope with the increased potential for him soiling himself. My daughter has had a brief conversation with the Headteacher to seek the reintroduction of the classroom support, but he insists that he requires 'evidence' before he is prepared to seek additional funding for help in the classroom.
Can you advise on the position, as she finds it difficult to understand the stance adopted by the school as they have been fully aware of his medical history for four years. She is in the process of obtaining documentary evidence from both consultants, but this will obviously take some time to gather.
Does the school have a legal obligation to cater for his immediate medical needs under the notion of 'in loco parentis', with a duty of care as outlined in the Children Act 1989 and the Health and Safety at Work Act 1974.

LawAndParents Editor 25/09/2015 at 12:15 pm

We can't find any specific legislation relating to this but certainly know of many examples where schools are very happy to speak to grandparents at the school gates and to allow grandparents to sign consent forms for school trips etc. If you have signed a document saying you are happy for the school to speak with your parents then perhaps you should ask your local education authority and/or the board of governors for a copy of the policy on this.

gem1 24/09/2015 at 4:24 pm

Unfortunately due to my work commitments, I am unable to take omy child to school and pick him up. Luckily my mother or father do the school run for me. The teachers including the new head, refuse to speak to my parents regarding my child. I have previously signed a document saying we would like them to speak to my parents as it is difficult for me within school hours. Can they do this?

LawAndParents Editor 08/09/2015 at 2:29 pm

Unfortunately there are no "rules/laws" that we know of to enforce the showering after PE. It does seem to be increasingly common that children don't shower after PE, but this often due to time constraints as much as anything else.

stubby1979 07/09/2015 at 10:25 pm

My question is regarding loco parentis\child protection at my sons senior school in england, in the brochere part of the pe kit specifys a towel and soap however he has been coming home caked in mud when i asked the teachers they said didnt encourage showers as they felt there could bé child protection issues they also said they belived they didnt have the right under loco parentis to ensure or allow\encourage showers as child protection outweighed any loco parentis they admitted they still had to draw up child protecton policys over showering but this was unenforceable and discouraged by teachers whats the legal position on this please surely its unacceptable for a child to bé plastered in mud for hours ?

Mr blog 08/07/2015 at 3:55 pm

Hi i have a stepdaughter at a secondary school her dad was meeting her down at school every morning with her friend who was having a sexual relationship with which is wrong . The point is it had been reported to the school five times
Are they failing in safeguarding her when they did nothing about it ?

LawAndParents Editor 12/05/2015 at 12:13 pm

@Aerosmith1. We're sure the school will be happy to make an appointment to discuss these events with you if you ring up.

Aerosmith1 06/05/2015 at 5:35 pm

Advice please:
12 year old son and friend are playing with other boys. Boy X approaches and verbally insults my son who tells him to go away. Boy X returns with the branch of a tree and threatens my son by thrusting the branch in my son's face. My son grabs the branch and throws it away and fends himself off from Boy X. My son's friend attempts to hold back Boy X. The boys disperse and Boy X then charges my son down to the ground. At this point a teacher is sort out.
Response of School: I am unsure what punishment has been dealt to Boy X, my son has been put in a withdrawal room (exclusion from lessons) for 6 sessions, his friend for 3. The events and the punishments planned have not been discussed with the parents.

katlyppi 29/04/2015 at 3:47 am

scenario:
me and 3 of my friends are hanging out at my house 2:00 AM.
2 friends are 17, 1 is 18
we decide to go to the store to get some food in a car.
can the 18 year old adopt loco parentis and we not get In trouble for being out pass curfew, if say the 18 year old driver were to get pulled over.

LawAndParents Editor 05/05/2015 at 10:24 am

@wallers. You don't have any legal rights if you're not the natural father. If you were still together with your partner and she agreed, you could have applied for parental repsonsibility. Speak with your ex to see if you can come to some sort of compromise. You could also try seeking professional legal advice to see if there is anything you can do in law.

wallers 27/04/2015 at 1:56 pm

My question is I raised my ex girlfriend's child since he was a month old till he was six though I'm not his biological father I still thought of him as my own six years is a long time to spend as a father since we broke up 3 months ago I haven't been allowed see him not even a phone call have I any rights

LawAndParents Editor 11/03/2015 at 11:56 am

@Li. Most schools have an anti bullying policy and this is in practice throughout the day. The lunchtime assistants will be aware of the policy and in most schools they have to advice teaching staff of any issues during that occur. Speak to the head teacher first of all and ask what can be done.

LawAndParents Editor 10/03/2015 at 2:36 pm

@SunnyElls. We'd be angry in this situation too. It would have been the right thing to get this checked out at a medical facility. You could try asking to see the schools policy on this kind of thing - they usually have written procedures. Did your daughter seek the help of an alternative member of staff? Was their opinion the same? The remedy will really depend on what kind of action you would like to see. If you simply want an apology then write to the school asking for an explanation (and apology). The board of governors or Local Education Authority should be contacted if the school does not respond. If you are seeking compensation for this, for example if your daugher's injury has been exacerbated or will result in further problems because of the delay in treatment, then you will need to seek legal advice.

Sunny Ells 09/03/2015 at 4:36 pm

My daughter went on a skiing trip with the school during the February half term. On the Thursday morning session she collided with another pupil and fell awkwardly breaking her wrist. She made it to the bottom, crying and holding her wrist and was told by the teacher that it was probably a sprain and they put ice on it.

The following day they took her to the slopes again and she had another accident, falling again on the damaged wrist. Her instructor advised the teachers to take my daughter to the medical facility which was on site, but they refused. One teacher told her it couldn't be broken as it wasn't swollen enough.

My daughter then had to endure a 22 hour journey home.

I am still so angry as I have heard nothing from the school except one telephone call in response to my voicemail message. The teacher who was in charge of the trip could offer no explanation as to why nobody had sought any medical assistance for my daughter who ended up in great pain for more than two days.

I am not angry that my daughter broke her wrist, I am angry that the school neglected their duty of care towards my daughter and sem to be trying to ignore the whole situation.

Any comments gratefully received.

Lj 08/03/2015 at 6:57 am

My son is 4 years old in reception class and is being bullied quite bad during lunch break by the older boys in the school, is the duty of care any different during this time as teachers are not on yard duty? This school doesn't allow you to take your child out for lunch and there is no separate play area for reception class

LawAndParents Editor 14/01/2015 at 10:31 am

@Krystilia. This is a very specific incident and it's not clear whether he volunteered to look after her or whether she was just left with him etc. You should seek legal advice if you think compensation would help your daughter, but some counselling and lots of love/stability in her life would be better for her.

Krystilia 12/01/2015 at 12:29 am

My question is related to the last paragraph of this article.. negligence of someone else's child. My ex boyfriend ended up on a cruise alone with my 8 y/o daughter because I was in hospital unplanned mid-vacation. He got roaring drunk on several occasions and abandoned her in public areas. Ship security was finally involved and he was sooo drunk, they could not wake him. My daughter was scared, hungry and alone and didn't know why he wouldn't wake up. Security removed her from his custody for the night and cut off all his alcohol purchases on board. We are not a couple anymore to say the least but my daughter is so traumatized, she now needs weekly therapy and is constantly afraid. Is there anything that can be done to this man to hold him responsible for his actions? He feels no remorse at all...

LawAndParents Editor 19/11/2014 at 2:42 pm

@PJK.THis is one to address with the local authority who will be the ones most likely to organise the school transport. They will have probably have a policy with the procedures recorded. If not, ask for a meeting to organise an acceptable set of procedures.

PJK 19/11/2014 at 1:09 pm

Advice please.

I am employed as a bus driver taking children with learning difficulties to and from school.
On entering the school grounds, at what point are the children the responsibility, under the terms of "in loco parentis" of the school as quite often the children are left sitting on the bus until a teacher arrives to collect them (sometimes up to 15 minutes).
In the same vein, the school day finishes at 15:15 but some of the children may not be brought to the bus until 15:30. This often causes the other children waiting on the bus to become stressed out.
If the teachers responsibilities end at the end of school hours are they showing adequate care for the children who are left waiting?
P.S. Is the children s escort on the bus under the same tems of "in loco parentis whilst the children are on the bus?

LawAndParents Editor 19/11/2014 at 11:55 am

@jamsin. You should be able to make an appointment with the head teacher at any time without a solicitor, that's quite ridiculous. Find out what the school's policy on this is. Most infant schools will be geared up to deal with this kind of eventuality and certainly would not have expected a five year old to manage alone. Assuming this is a state school, you should write to your local education authority about the way this has been dealt with. It's not simply the behaviour on the day (in which a teacher rightly or wrongly merely made a judgement that it was near home time), but the reaction afterwards. This has been badly handled in our opinion.

Jasmin 18/11/2014 at 2:07 pm

I am in need of some advice as to whether the incident I explain below is a form of neglect.

On the 20th October my 5 year old son had a diarrhoea accident in his P.E class. He soiled his whole bottom half and the faeces were in is shoes.

There were two teachers present and neither one of them accompanied my son or helped him.
No one called me to inform me what had happened.

My son was handed to me with a bag with his Pe Kit in it and I began asking the class teacher questions as to what happened. My son has never pooed himself before and I was curious.

I asked her if she had changed him and how bad it was and what time it happened? She said in p.e and no one helped him. In shock and anger I asked "well how did my 5 year old clean himself up" I was told on his own... I asked "did you
Give him wipes or tissue?" And again I was told no!

I asked why no one had called me she said because it was the last lesson of the day!

I went straight to the front desk and asked to see the safeguarding teacher to find out exactly why no one had phoned me. No one in the officer was aware of the incident.

My question is , is this negligence for a teacher to leave a child like this?

I have a meeting today at 4pm that I have requested for over 3 weeks and asked to speak to the head teacher and I was told I couldn't speak to the head teacher without a solicitor!!

My son hasn't been apologised to and I still have to take him in to be taught by this teacher that didn't look after him

LawAndParents Editor 13/11/2014 at 10:01 am

@John. You are correct about the duty of the nursery but these things can happen quickly between children whilst at play. Was the injury severe enough that a hospital visit was needed? Speak to the nursery supervisor and ask what they propose to do about the incident, what their policy is in this eventuality etc. If you are satisfied with the responses and are happy that your child is not in actual danger then this should not warrant further action.

John 11/11/2014 at 5:39 pm

My 2 and a half year old grandson was bitten in the face by another child in his class.The teachers are in 'loco parentis and the Childrens
act of 1989 provides that they have a 'duty of care towards the children
under their care as well as promoting their safety and welfare.
In this particular case there is a dereliction of duty on the teachers
behalf.
Would you please enlighten me of what action if any,I can take.
My grandson is happy in this creche and the teachers say they do not
know who did the biting.
Should this ,at least constitute an investigation into who did the biting?

LawAndParents Editor 23/07/2014 at 2:09 pm

@simes. Schools generally undertake risk assessments for most activities and the guidelines for these are laid down by LEAs. It's not really taking away civil liberties, just keeping them safe when they're not with their parents. There's nothing to stop you as a parent offering them the chance to take risks out of school time though.

simes 23/07/2014 at 11:21 am

What recourse do parents have if they feel schools/teachers are unduly restricting the civil liberties of their children by placing unnecessarily cautious/risk averse restrictions on the activities the school/teachers will let children undertake? How as parents do we challenge these restrictions which seem to be becoming all to common place and pervasive (and totally at odds with policies encouraging healthy/active lifestyles).

Sally 13/11/2012 at 1:51 pm

I run a Beaver Scout colony and whilst I understand the implications of "Loco Parentis" if one of the boys had to go to hospital and we could not locate the single parent who had refused to provide a second contact, what would my rights be with regard to authorising treatment?

billy 19/10/2012 at 2:51 pm

My daughter was asked to provide a written signed statement about an incident that happend at school. The school did this without my knowledge or approval. Can they do this? Their reply was that under in loco parentis they can.

johnnyred7 21/05/2011 at 5:01 am

a friends son recently left a class mid session acompanied by another boy, it was a classroom with a shut but not locked door. They proceeded to go to an outside space and have a fight, my friends son took the first punches and then to defend himself so as to not sustain any futher punishment relaleated and left the boy with a broken nose. My friends son has been permently excluded whilst the other boy is allowed back in to school. My argument is that firstly the teacher is at fault by not acting in loco parentis and trying to prevent the boys from leaving or by following them to prevent the insueing fight, but also it could be said that although the other boy sustained greater injury my friends son did it by defending himself. Any coments would be gratfully recieved.

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