People and Responsibilities

Understanding who is responsible for what in home to school transport

Clear guidance on roles, duties, and legal obligations for everyone involved in keeping children safe during their journey to and from school.

School Responsibilities

Schools have significant legal responsibilities when it comes to ensuring the safety of pupils using transport services.

Fundamental Duty of Care

All schools are legally required to send pupils safely through the school gate each day, regardless of how they travel home - whether walking, cycling, or using any form of transport.

Key School Responsibilities

Transport Contracting

When schools contract their own transport, they assume the same legal duty of care as local authorities.

  • Verify operator credentials and safety standards
  • Ensure proper insurance and licensing
  • Maintain contractual documentation
  • Monitor service quality and safety

Risk Assessments

Schools must maintain comprehensive risk assessments for all transport-related activities.

  • Traffic movement within school grounds
  • Pick-up and drop-off procedures
  • Emergency evacuation plans
  • Regular review and updates

Student Supervision

Schools are responsible for student behaviour and safety during the boarding and alighting process.

  • Supervise boarding and alighting
  • Enforce safety rules and policies
  • Address behavioural issues
  • Communicate with parents about incidents

Incident Response

Schools must have procedures for responding to transport-related safety concerns and incidents.

  • Investigate safety complaints promptly
  • Document all incidents thoroughly
  • Communicate with relevant authorities
  • Take corrective action where necessary

Responsibilities That Cannot Be Delegated

Critical Point

Schools cannot simply assume that hiring any transport company absolves them of responsibility. The fundamental duty of care remains with the school regardless of contracted arrangements.

Overall duty of care for pupils
Ensuring adequate safety standards
Responding to safety concerns
Maintaining oversight of transport services

Responsibility Beyond the School Gate

A school's responsibility for pupil safety doesn't end at the school gate - it extends to ensuring safe passage home.

Scope of School Responsibility

From School to Home

A school cannot take the view that the safety of its pupils has nothing to do with it when a pupil is outside the school gate, even if the pupil is some distance away but has not yet reached home.

Example Safety Breach Scenario

Driver Reports Disruptive Behaviour

A school bus driver informs the school that each day the same pupils constantly run wild around the vehicle, distracting them from driving safely.

School's Legal Position:

To wholly ignore a complaint of a safety breach from the driver could arguably be a failure by the school to discharge their duty of care.

Required School Actions

1

Written Communication

Advise the relevant body in writing about any safety breaches. This could be a local authority, library board, or parent group.

2

Request Response

Request a written response within seven days outlining the measures that will be taken to reduce risks to pupils, drivers, and all other road users.

3

Follow-Up Action

If no response is received after seven days, follow up until a satisfactory outcome is achieved.

4

Parent Communication

If the school contracts transport directly, write to every parent whose child uses the service, advising them of the safety breach and potential consequences.

Importance of Documentation

Maintain an Audit Trail

An audit trail of all safety measures and communications is strongly advised to protect the school and maintain safer standards for pupils and drivers.

  • Legal protection for the school
  • Evidence of due diligence
  • Improved safety outcomes
  • Clear accountability chain

Coach Brokers vs Operators

Do you know if you are dealing with a broker or an operator? This simple question could have significant safety implications.

Registered Operator

Recommended

What They Have:

Own their own vehicles
Operator's License from Traffic Commissioner
Legal obligation to maintain vehicles
Strict compliance with driver conduct laws
Financial responsibility and accountability

Coach Broker

Caution Required

What They Don't Have:

Rarely own a fleet of vehicles
No Operator's License requirement
No obligation to use licensed operators
No direct accountability for safety
Limited financial protection

Risks of Using Brokers

Financial Risk

Brokers often employ the cheapest operators to maximise their profit margin, potentially compromising safety standards.

Service Reliability

Cases where vehicles don't turn up because brokers haven't passed on payment to operators, or have gone out of business overnight.

Safety Compromise

Some brokers knowingly hire coaches from operators with poor safety or compliance records to keep costs low.

Business Continuity

Brokers may shut down and restart under new names, making it difficult to track their history and reliability.

Real-World Consequences

Financial Loss Example

One school contacted BUSK after losing a four-figure sum when their broker failed to provide transport for a skiing trip at the last minute. The school was left owing money to parents with almost no recourse for recovery.

Common Pattern

BUSK has heard from many schools that have lost hundreds of pounds with little or no recourse when brokers fail to deliver promised services.

How to Verify You're Dealing with an Operator

Ask Direct Questions

  • Do you own your own vehicles?
  • Can I see your Operator's License?
  • What is your Vehicle Operating Centre address?
  • Can I inspect your maintenance facilities?

Request Documentation

  • Driver walk-around audits
  • Compliance records including Vehicle Defect Reporting System
  • Access to order books for parts – a regular ordering system can indicate the fleet is managed properly when parts are required
  • Evidence of how often roller brake tests are carried out

When in Doubt

Contact BUSK for verification assistance:

Driver Responsibilities

School transport drivers have significant responsibilities and legal authority that passengers and schools must respect.

Legal Authority

A PCV (Passenger Carrying Vehicle) driver has the same legal authority as an airline pilot and has the final say over who and what is carried on their vehicle.

Driver Powers and Responsibilities

Passenger Control

Drivers cannot put a pupil off the vehicle and leave them stranded, but they can refuse to allow anyone to board their vehicle.

Instruction Compliance

It is an offence to ignore a driver's instructions. All passengers must comply with reasonable requests from the driver.

Vehicle Inspection

Drivers must carry out a mandatory 15-minute 'walk-around' check before driving any vehicle from the depot.

Reaction Time Impact

Driver distraction significantly increases reaction times, potentially making the difference between life and death in emergency situations.

Challenges Drivers Face

Impact of Noise and Distraction

When students are noisy or disruptive inside a vehicle, the driver finds it more difficult to concentrate on the road, leading to:

Reduced concentration
Longer reaction times
Increased accident risk

How to Support Your Driver

Positive Actions

  • Remain seated during the journey
  • Keep noise to reasonable levels
  • Follow driver instructions immediately
  • Report safety concerns appropriately
  • Be patient during boarding and alighting

Actions to Avoid

  • Never distract the driver unnecessarily
  • Don't tamper with safety equipment
  • Avoid hanging out of windows
  • Don't stand by the driver's cab
  • Never ignore driver instructions

Parent and Carer Responsibilities

Parents and carers have important responsibilities in ensuring their children's safety during school transport journeys.

Key Parental Duties

Child Preparation

Ensure your child understands and follows all safety rules for their transport service.

  • Explain seat belt requirements
  • Teach appropriate behaviour expectations
  • Discuss emergency procedures
  • Emphasise respect for drivers and other passengers

Service Selection

When choosing transport services, prioritise safety over cost considerations.

  • Verify operator credentials
  • Check safety standards and policies
  • Understand terms and conditions
  • Maintain emergency contact information

Communication

Maintain open communication with schools and transport providers about any concerns.

  • Report safety incidents promptly
  • Share relevant medical or special needs information
  • Respond to school communications about transport
  • Participate in safety reviews and consultations

Ongoing Monitoring

Regularly check that transport arrangements continue to meet safety standards.

  • Monitor your child's experience and feedback
  • Stay informed about policy changes
  • Attend parent meetings about transport
  • Review and update contact details regularly

Public Transport Specific Responsibilities

When Using Public Transport Services

If you pay for your child to travel on a service bus that also carries members of the public, you have specific responsibilities:

Capability Assessment

Ensure your child is capable of travelling independently on public transport and understands all safety rules.

Problem Resolution

Any issues arising during public transport travel should be taken up directly with the transport company, not the school or local authority.

When Organising Group Transport

Legal Liability Warning

Parents who collectively organise dedicated school transport for their children assume significant legal liabilities. The organising parent(s) become legally responsible for:

Safety and welfare of all children using the service
Verifying operator licenses, insurance, and safety compliance
Financial liability for incidents or service failures
Maintaining proper contracts and documentation

Essential Guidance

It is essential to have a good understanding of how to meet all legal responsibilities when organising group transport. Contact BUSK directly for free, expert advice before making any arrangements.

Key Takeaways

Understanding responsibilities is crucial for maintaining safe school transport services

Schools

Cannot delegate their fundamental duty of care and must maintain oversight of all transport arrangements, even when contracted to third parties.

Parents

Must prepare their children for safe transport use and carefully select services based on safety standards, not just cost.

Operators

Have legal obligations and authority that must be respected, while drivers require passenger support to maintain safety standards.

Unclear About Responsibilities?

Don't leave safety to chance. Get clear guidance on roles and responsibilities from our expert team.

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